ANIMAL CARE AND PROTECTION ACT 2001 - SECT 40 Compliance with relevant code of practice or scientific use code

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 40

40 Compliance with relevant code of practice or scientific use code

(1) It is an offence exemption for an offence if—

(a) for an offence constituted by doing an act—

(i) a code of practice or the scientific use code states requirements for how the act may be carried out; and

(ii) the requirements, to the extent they are relevant to the act, have been complied with; or

(b) for an offence constituted by making an omission—

(i) a code of practice or the scientific use code states circumstances in which the omission may be made; and

(ii) the stated circumstances for making the omission have happened.

(2) However, if the provisions of the code about how an act may be done or the circumstances in which the omission may be made are incomplete, it is only an offence exemption if, in doing the act or making the omission, the defendant complied with any duty of care the defendant owed to each animal to which the act or omission relates.