Local authorities are responsible for enforcing the 2018 Regulations and have powers to grant, refuse or revoke a licence, as well as powers of entry and inspection. Licensees must adhere to statutory minimum welfare conditions or otherwise risk losing their licence to operate as a business selling pet animals. Since 1 October 2018, the 2018 Regulations also require anyone in the business of selling pet animals in England to obtain a licence from their local authority. being displayed/performing at a show or a school), a local authority licence for this is needed under The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (the 2018 Regulations). Outside of a zoo, if someone wishes to exhibit a primate in England, including a mobile exhibit or any form of display or public performance (e.g. Such requirements do not apply to primates kept as pets. Minimum welfare standards in zoos are provided under the Secretary of State’s Standards of Modern Zoo Practice. Local authorities are responsible for enforcing the licensing scheme with powers of entry and inspection. Under the 1981 Act anyone keeping wild animals and exhibiting them to the public for seven days or more in a twelve month period is operating a zoo. Many primates are kept in zoos which are regulated under the Zoos Licensing Act 1981. The investigating officer can point out any welfare problems and refer the keeper to the relevant part of the Code so that they know what they need to do in order to correct the situation and avoid a possible prosecution. The Code can be used by enforcement agencies when investigating an allegation of a primate being held in poor welfare conditions. Whilst it is not an offence to breach the Code, a breach of the Code can be used as evidence in support of a prosecution brought under the 2006 Act for poor welfare, and compliance with the Code can be used to defend such a prosecution. In addition, the statutory Code of Practice for the Welfare of Privately Kept Non-human Primates (the Code), made under the 2006 Act, provides keepers with information on how to meet the welfare needs of their primates, as required under the 2006 Act. However, the Government has announced that it will increase the custodial maximum penalty for causing unnecessary suffering to 5 years’ imprisonment. The maximum penalty for both of these offences is currently 6 months’ imprisonment and/or an unlimited fine. Existing laws relating to primates as petsĪs with any kept vertebrate animal, the welfare of primates is protected by the provisions of the Animal Welfare Act 2006 (the 2006 Act) which makes it an offence to cause any unnecessary suffering to an animal or to fail to provide for an animal’s welfare needs. This call for evidence relates whether there should be any restrictions on the keeping of primates as pets in England. On 28 September 2019, the Secretary of State for Environment, Food and Rural Affairs announced her intention to issue a Call for Evidence on the welfare of primates as pets.Ī primate is any member of the biological order Primates this includes all the species commonly referred to as lemurs, monkeys and apes.
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