Part 5Miscellaneous
Protection of activities of certain organisations
145Interference with contractual relationships so as to harm animal research organisation
1
A person (A) commits an offence if, with the intention of harming an animal research organisation, he—
a
does a relevant act, or
b
threatens that he or somebody else will do a relevant act,
in circumstances in which that act or threat is intended or likely to cause a second person (B) to take any of the steps in subsection (2).
2
The steps are—
a
not to perform any contractual obligation owed by B to a third person (C) (whether or not such non-performance amounts to a breach of contract);
b
to terminate any contract B has with C;
c
not to enter into a contract with C.
3
For the purposes of this section, a “relevant act” is—
a
an act amounting to a criminal offence, or
b
a tortious act causing B to suffer loss or damage of any description;
but paragraph (b) does not include an act which is actionable on the ground only that it induces another person to break a contract with B.
4
For the purposes of this section, “contract” includes any other arrangement (and “contractual” is to be read accordingly).
5
For the purposes of this section, to “harm” an animal research organisation means—
a
to cause the organisation to suffer loss or damage of any description, or
b
to prevent or hinder the carrying out by the organisation of any of its activities.
6
This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.
7
In subsection (6) “trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), except that section 218 of that Act shall be read as if—
a
it made provision corresponding to section 244(4) of that Act, and
b
in subsection (5), the definition of “worker” included any person falling within paragraph (b) of the definition of “worker” in section 244(5).
146Intimidation of persons connected with animal research organisation
1
A person (A) commits an offence if, with the intention of causing a second person (B) to abstain from doing something which B is entitled to do (or to do something which B is entitled to abstain from doing)—
a
A threatens B that A or somebody else will do a relevant act, and
b
A does so wholly or mainly because B is a person falling within subsection (2).
2
A person falls within this subsection if he is—
a
an employee or officer of an animal research organisation;
b
a student at an educational establishment that is an animal research organisation;
c
a lessor or licensor of any premises occupied by an animal research organisation;
d
a person with a financial interest in, or who provides financial assistance to, an animal research organisation;
e
a customer or supplier of an animal research organisation;
f
a person who is contemplating becoming someone within paragraph (c), (d) or (e);
g
a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (c), (d), (e) or (f);
h
an employee or officer of someone within paragraph (c), (d), (e), (f) or (g);
i
a person with a financial interest in, or who provides financial assistance to, someone within paragraph (c), (d), (e), (f) or (g);
j
a spouse, civil partner, friend or relative of, or a person who is known personally to, someone within any of paragraphs (a) to (i);
k
a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (a), (b), (h), (i) or (j); or
l
an employer of someone within paragraph (j).
3
For the purposes of this section, an “officer” of an animal research organisation or a person includes—
a
where the organisation or person is a body corporate, a director, manager or secretary;
b
where the organisation or person is a charity, a charity trustee (within the meaning of the Charities Act 1993 (c. 10));
c
where the organisation or person is a partnership, a partner.
4
For the purposes of this section—
a
a person is a customer or supplier of another person if he purchases goods, services or facilities from, or (as the case may be) supplies goods, services or facilities to, that other; and
b
“supplier” includes a person who supplies services in pursuance of any enactment that requires or authorises such services to be provided.
5
For the purposes of this section, a “relevant act” is—
a
an act amounting to a criminal offence, or
b
a tortious act causing B or another person to suffer loss or damage of any description.
6
The Secretary of State may by order amend this section so as to include within subsection (2) any description of persons framed by reference to their connection with—
a
an animal research organisation, or
b
any description of persons for the time being mentioned in that subsection.
7
This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.
8
In subsection (7) “trade dispute” has the meaning given by section 145(7).
147Penalty for offences under sections 145 and 146
1
A person guilty of an offence under section 145 or 146 is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
2
No proceedings for an offence under either of those sections may be instituted except by or with the consent of the Director of Public Prosecutions.
148Animal research organisations
1
For the purposes of sections 145 and 146 “animal research organisation” means any person or organisation falling within subsection (2) or (3).
2
A person or organisation falls within this subsection if he or it is the owner, lessee or licensee of premises constituting or including—
a
a place specified in a licence granted under section 4 or 5 of the 1986 Act,
b
a scientific procedure establishment designated under section 6 of that Act, or
c
a breeding or supplying establishment designated under section 7 of that Act.
3
A person or organisation falls within this subsection if he or it employs, or engages under a contract for services, any of the following in his capacity as such—
a
the holder of a personal licence granted under section 4 of the 1986 Act,
b
the holder of a project licence granted under section 5 of that Act,
c
a person specified under section 6(5) of that Act, or
d
a person specified under section 7(5) of that Act.
4
The Secretary of State may by order amend this section so as to include a reference to any description of persons whom he considers to be involved in, or to have a direct connection with persons who are involved in, the application of regulated procedures.
5
In this section—
“the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14);
“organisation” includes any institution, trust, undertaking or association of persons;
“premises” includes any place within the meaning of the 1986 Act;
“regulated procedures” has the meaning given by section 2 of the 1986 Act.
149Extension of sections 145 to 147
1
The Secretary of State may by order provide for sections 145, 146 and 147 to apply in relation to persons or organisations of a description specified in the order as they apply in relation to animal research organisations.
2
The Secretary of State may, however, only make an order under this section if satisfied that a series of acts has taken place and—
a
that those acts were directed at persons or organisations of the description specified in the order or at persons having a connection with them, and
b
that, if those persons or organisations had been animal research organisations, those acts would have constituted offences under section 145 or 146.
3
In this section “organisation” and “animal research organisation” have the meanings given by section 148.