{
  "url": "https://openlegislation.uk/animals-scientific-procedures-act-1986/section-5BA",
  "json_url": "https://openlegislation.uk/animals-scientific-procedures-act-1986/section-5BA.json",
  "legislation": "ukpga/1986/14",
  "legislation_title": "Animals (Scientific Procedures) Act 1986",
  "legislation_url": "https://openlegislation.uk/animals-scientific-procedures-act-1986",
  "path": "section/5BA",
  "kind": "section",
  "number": "5BA",
  "heading": "Determining an application: classification of the severity of the procedure",
  "text": "(1) This section applies for the purposes of classifying the likely severity of a regulated procedure under section 5B(3)(c).\n(2) The likely severity of the procedure is to be determined by the degree of pain, suffering, distress or lasting harm expected to be experienced by an animal during the course of the procedure.\n(3) A procedure that falls within a description set out in column 1 of the following Table is to be assigned to the category that is specified in column 2 of the Table in relation to that description—\nDescription of procedure performed on animal\nCategory of severity\nA procedure that does not cause any significant impairment of the well-being or general condition of the animal.\nA procedure as a result of which the animal is likely to experience short-term mild pain, suffering or distress.\nMild\nA procedure that is likely to cause moderate impairment of the well-being or general condition of the animal.\nA procedure as a result of which the animal is likely to experience short-term moderate pain, suffering or distress or long-lasting mild pain, suffering or distress.\nModerate\nA procedure that is likely to cause severe impairment of the well-being or general condition of the animal.\nA procedure as a result of which the animal is likely to experience severe pain, suffering or distress or long-lasting moderate pain, suffering or distress.\nSevere\nA procedure performed entirely under general anaesthesia from which the animal will not regain consciousness.\nNon-recovery\n(4) The assignment of a procedure to a category in accordance with subsection (3)—\n(a) must be based on the most severe effects likely to be experienced by the animal after all appropriate refinement techniques have been applied, and\n(b) must take into account any manipulation of the animal.\n(5) When assigning a procedure to a category in accordance with subsection (3), the Secretary of State—\n(a) must first assign the procedure to a category on the basis of factors relating to the type of procedure only (“step 1”), and\n(b) must then determine whether to assign the procedure to a different category on the basis of additional factors (“step 2”).\n(6) The following factors relating to the type of procedure must be taken into account for the purposes of step 1—\n(a) the type of manipulation or handling involved in the procedure;\n(b) the nature and intensity of the pain, suffering, distress or lasting harm that would be caused by the procedure;\n(c) the duration, frequency and number of techniques to be used in the procedure;\n(d) the cumulative effects of the procedure;\n(e) the extent to which the animal used in the procedure would be prevented from expressing their natural behaviour, including any restrictions on their housing, husbandry or care.\n(7) Where the procedure is of a description that has been assigned by Schedule 2AA to a particular category of severity, the procedure is to be assigned to that category for the purposes of step 1.\n(8) The following additional factors must be taken into account for the purposes of step 2—\n(a) the species and genotype of the animal to be used in the procedure;\n(b) the maturity, age and gender of the animal;\n(c) the habituation of the animal with respect to the procedure;\n(d) if the animal is to be reused, the actual severity and cumulative severity of each previous procedure;\n(e) the methods used to reduce or eliminate pain, suffering and distress, including refinement of housing, husbandry and care conditions;\n(f) use of humane end-points.\n(9) The factors to be taken into account for the purposes of subsection (5) must be considered on a case-by-case basis.\n(10) Section 5B(5) applies for the purposes of this section as it applies for the purposes of section 5B(3)(c).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 5-5G substituted for s. 5 (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 9(1) (with Sch. 3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 5BA inserted (19.6.2026) by The Animals (Scientific Procedures) Act 1986 (Amendment) Regulations 2026 (S.I. 2026/663), regs. 1(1), 6"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1986/14/section/5BA",
    "retrieved_at": "2026-10-29T09:59:27.371223+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}