Cruelty to Animals Act 1876

The Cruelty to Animals Act 1876^[a] (39 & 40 Vict. c. 77) was an act of the Parliament of the United Kingdom which set limits on the practice of, and instituted a licensing system for animal experimentation, amending the Cruelty to Animals Act 1849 (12 & 13 Vict. c. 92).

Cruelty to Animals Act 1876^[a]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law relating to Cruelty to Animals.
Citation	39 & 40 Vict. c. 77
Territorial extent	United Kingdom
Dates
Royal assent	15 August 1876
Commencement	15 August 1876[b]
Repealed	1 January 1987[c]
Other legislation
Amends	Cruelty to Animals Act 1849
Amended by	Summary Jurisdiction Act 1884
Repealed by	Animals (Scientific Procedures) Act 1986
Relates to	Wild Animals in Captivity Protection Act 1900
Status: Repealed
Text of statute as originally enacted

Provisions

A perception that the Cruelty to Animals Act 1876 was weak led to a libel suit, the erection of this monument to a vivisected "brown dog", and riots by medical students in 1907

The act stipulated that researchers would be prosecuted for cruelty, unless they conformed to its provisions, which required that an experiment involving the infliction of pain upon animals to only be conducted when "the proposed experiments are absolutely necessary for the due instruction of the persons [so they may go on to use the instruction] to save or prolong human life".^[1]

Furthermore, the act stated that should the experiment occur, the animal must be anaesthetised, used only once (though several procedures regarded as part of the same experiment were permitted), and killed as soon as the study was over.^[1] Prosecutions under the act could be made only with the approval of the Secretary of State.^[2] The Act was applicable to vertebrate animals only.

History and controversy

Opposition to vivisection had led the government to set up a Royal Commission on Vivisection in July 1875, which recommended that legislation be enacted to control it. This Act was created as a result, but was criticized by National Anti-Vivisection Society – itself founded in December 1875 – as "infamous but well-named," in that it made no provision for public accountability of licensing decisions. The law remained in force for 110 years, until it was replaced by the Animals (Scientific Procedures) Act 1986,^[3] which is the subject of similar criticism from the modern animal rights movement.

Such was the perceived weakness of the act, that vivisection opponents chose, on at least one occasion – the Brown Dog affair – to incite a libel suit rather than seek a prosecution under the act.^{[citation needed]}

Penalties

The act stated, in part:

Any person performing or taking part in performing any experiment calculated to give pain, in contravention of this Act, shall be guilty of an offence against this Act, and shall, if it be the first offence, be liable to a penalty not exceeding fifty pounds, and if it be the second or any subsequent offence, be liable, at the discretion of the court by which he is tried, to a penalty not exceeding one hundred pounds or to imprisonment for a period not exceeding three months.

Subsequent developments

The whole act was repealed by section 27(1) of the Animals (Scientific Procedures) Act 1986.

See also

• Wild Animals in Captivity Protection Act 1900
• Animal welfare in the United Kingdom

Notes

1. Section 1. Due to the repeal of this act, it is now authorised by section 19(2) of the Interpretation Act 1978.
2. The Acts of Parliament (Commencement) Act 1793.
3. The Animals (Scientific Procedures) (1986 Act) (Commencement No. 1) Order (Northern Ireland) 1986 and the Animals (Scientific Procedures) Act (Commencement) Order 1986