Animal Welfare Act 1999

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries
192 Codes of ethical conduct

(1)

Where a code of ethical conduct that has been approved by the Minister under section 19A of the Animals Protection Act 1960 is in force on the commencement of this Act,—

(a)

that code,—

(i)

if approved by the Minister before 31 December 1990, is deemed to have been approved by the Director-General under section 91 for the period of 3 years beginning with the date of the commencement of this Act; and

(ii)

if approved by the Minister in the period beginning on 1 January 1991 and ending with the close of 31 December 1994, is deemed to have been approved by the Director-General under section 91 for the period of 4 years beginning with the date of the commencement of this Act; and

(iii)

if approved by the Minister after 31 December 1994, is deemed to have been approved by the Director-General under section 91 for the period of 5 years beginning with the date of the commencement of this Act; and

(b)

the code holder in respect of any such code—

(i)

is deemed to be the person who applied for and obtained, under section 19A of the Animals Protection Act 1960, the Minister’s approval of that code of ethical conduct; and

(ii)

is deemed, for the purposes of section 105(3), to be a code holder.

(2)

Sections 95 and 96 and all the other provisions of this Act (including the terms defined by section 2(1)) have effect, with all necessary modifications, in relation to every code of ethical conduct to which subsection (1) applies.

(3)

Despite subsection (1), where a code of ethical conduct to which that subsection applies contains a provision that would be outside the scope of a code of ethical conduct approved by the Director-General under section 91, no such provision has effect by virtue of the approval deemed by subsection (1) of this section to have been given under section 91.

(4)

Where, at the commencement of this Act, a person (other than a code holder in respect of a code of ethical conduct to which subsection (1) applies) is carrying out research, testing, or teaching without having a code of ethical conduct approved under section 19A of the Animal Protection Act 1960 but is having each of that person’s projects approved by an animal ethics committee appointed by such a code holder, that person may, for the period for which the code holder’s code of ethical conduct is deemed to be approved under section 91, continue to carry out research, testing, and teaching if each project carried out by that person during that period—

(a)

is approved by that animal ethics committee; and

(b)

is carried out in accordance with that code of ethical conduct.

(5)

Where a code of ethical conduct is deemed by subsection (1)(a) to have been approved by the Director-General under section 91, any person may, for the period for which the code is deemed to have been approved, carry out research, testing, or teaching without obtaining under that section approval of a code of ethical conduct and without appointing an animal ethics committee if—

(a)

each project carried out by that person is approved by an animal ethics committee appointed by the person who is the code holder in respect of that code of ethical conduct; and

(b)

the arrangements in relation to the research, testing, or teaching are agreed on by that person, the code holder in respect of that code of ethical conduct, and the animal ethics committee appointed by that code holder; and

(c)

the code holder in respect of that code of ethical conduct, before the research, testing, or teaching is commenced, gives to the Director-General written notice of the arrangements for the research, testing, or teaching.