| Guidance on the Operation of the Animals (Scientific Procedures) Act 1986 | ||||
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APPENDIX H PROCEDURE FOR REPRESENTATIONS UNDER THE ANIMALS (SCIENTIFIC PROCEDURES) ACT 1986 EXPLANATORY NOTE ISSUED TO THOSE WHO MAY WISH INTRODUCTION 1. This note describes the procedure to be followed if you intend to exercise your right under the Animals (Scientific Procedures) Act 1986 to make written and, if you wish, oral representations against the Secretary of State's proposal to revoke, or vary, or not to vary the conditions of any licence or certificate issued to you under the Act, or to refuse your application for a licence or certificate under the Act. 2. Section 12 of the Act provides that if you make representations, a legally qualified person (who must be a person who holds, or has held, judicial office in the United Kingdom, or a barrister, solicitor or advocate of at least seven years' standing) will be appointed to consider them and report to the Secretary of State. The Secretary of State will take the report into account when making a final decision upon your licence, certificate or application. NOTIFICATION 3. You should notify the Secretary of State of your wish to make representations and say whether you wish to make oral or written representations or both, by the date shown in the notice. This will not be less than 28 days from the date of service of the notice. Once your notification has been received, the Secretary of State will inform you of the name of the legally qualified person appointed to consider the matter and the address to which you may send any written representations. DOCUMENTS 4. At the same time, the Secretary of State will send to you and to the person appointed to consider your representations, a copy of the list of documents he considers relevant to the consideration of your case, together with a copy of each document. TIME LIMIT FOR WRITTEN REPRESENTATIONS 5. You should submit your written representations to the person appointed to consider your case within 21 days of the date you are notified of his appointment and sent the relevant documents. This period may be extended at the discretion of the person appointed. NOTICE OF HEARING OF ORAL REPRESENTATIONS 6. If you have asked to make oral representations, you will be given at least 28 days' notice in writing of the date, time and place of the hearing. At the same time you will be asked to state whether you wish the hearing to be in public. In addition, if you wish to dispute any fact contained in a report from the inspector, you should give notice of this to the Secretary of State and provided you give at least seven days' notice, the inspector will attend the hearing and you will be entitled to question him or her about any matter of fact contained in the report. PROCEDURE AT HEARINGS OR ORAL REPRESENTATIONS 7. The person appointed to hear your representations will determine the procedure to be followed at the hearing. You may attend the hearing if you wish. You may also be represented at the hearing by another person who may or may not be a lawyer. You have a right to call witnesses and to address the person appointed. The hearing will only be held in public if you have asked for this, but any hearing may be attended by a member of the Council on Tribunals or of its Scottish Committee. DECISION 8. The person appointed will provide a written report and recommendation to the Secretary of State. The Secretary of State will send you a copy with his final decision. Note: the Annex to Appendix H sets out the Rules for the procedure for representation.
Annex to Appendix H 1986 No. 1911 ANIMALS The Animals (Scientific Procedures) (Procedure for Representations) Rules 1986
In exercise of the powers conferred on me by Section 12(7) of the Animals (Scientific Procedures) Act 1986, I hereby make the following Rules:- Citation, commencement and extent 1. These Rules may be cited as the Animals (Scientific Procedures) (Procedure for Representations) Rules 1986 and shall come into operation on 10th December 1986. 2. These Rules shall apply to England and Wales and Scotland. Interpretation, etc. 3. (1) In these Rules-
Notification of appointment 4. Where the applicant has notified the Secretary of State of his wish to make representations under Section 12(3) or (4) of the Act, the Secretary of State shall notify the applicant in writing of the name of the person appointed and of the address to which his written representations are to be sent. Documents 5. The Secretary of State shall prepare a list of the documents which he considers relevant to the consideration of representations by the person appointed and shall send a copy of such list, together with a copy of each of the documents included in it, to the applicant with the notification sent in pursuance of the preceding Rule, and to the person appointed. Time limit for written representations 6. The applicant shall submit his written representations under Section 12(3) or (4) to the person appointed not later than 21 days after the date on which he is notified of the appointment of the person appointed in pursuance of Rule 4 of these Rules; but the person appointed may, if he thinks fit, extend the period during which such representations are to be submitted to him. Notice of hearing of oral representations 7. (1) Where the applicant has notified the Secretary of State of his wish to make oral representations under Section 12(3) or (4) of the Act, the Secretary of State shall give him at least 28 days' notice in writing of the date, time and place of the hearing by the person appointed. (2) Such notice shall request the applicant to state whether he wishes the hearing to be in public. (3) Such notice shall, where the documents sent in pursuance of Rule 5 of these Rules include a report by an inspector appointed under Section 18 of the Act, invite the applicant to notify the Secretary of State whether he intends to dispute any fact contained in that report; and where the applicant has given the Secretary of State at least 7 days' notice of his intention to dispute any such fact, the inspector shall attend the hearing and the applicant shall be entitled to question him about any matter of fact contained in the report. Procedure at hearings of oral representations 8. (1) Subject to the provisions of the Act and the other provisions of these Rules the person appointed shall, in his discretion, determine the procedure at the hearing of oral representations. (2) The applicant may appear in person at such a hearing, or may be represented by any other person, and shall be entitled to call witnesses and to address the person appointed. (3) If the applicant so requests, the hearing by the person appointed shall be in public. (4) Any member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such may attend any hearing by a person appointed. Postponement or adjournment 9. The person appointed may, if he thinks fit, postpone or adjourn any hearing of oral representations pending before him, and shall give the applicant reasonable notice of the date, time and place of the subsequent hearing. Appointed person's report 10. Following his consideration of representations, the person appointed shall prepare a written report of his findings and recommendation and send it to the Secretary of State who shall furnish a copy of it to the applicant. Home Office. 7th November 1986. Douglas Hurd,
EXPLANATORY NOTE ( This Note is not part of the Rules.) Section 12 of the Animals (Scientific Procedures) Act 1986 confers a right to make representations to a legally qualified person appointed by the Secretary of State on a person who has applied for or holds a personal or project licence or a certificate of designation of a scientific procedure, breeding or supplying establishment under that Act where the Secretary of State proposes to refuse such a licence or certificate or to vary or revoke it otherwise than at the request of the holder, or where the holder is dissatisfied with any condition contained in such a licence or certificate. These Rules prescribe the procedure to be followed in the making and consideration of such representations.
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