Explanatory memorandum to the 2026 code of practice (accessible)
Published 25 March 2026
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Explanatory memorandum to the code of practice for the care and accommodation of animals bred, supplied or used for scientific purposes, dated March 2026
1. Introduction
1.1 This Explanatory Memorandum has been prepared by the Home Office and is laid before Parliament by Command of His Majesty.
2. Declaration
2.1 Lord Hanson of Flint at the Home Office confirms that this Explanatory Memorandum meets the required standard.
2.2 Will Reynolds, Strategic Lead for Science Regulation and Innovation at the Home Office, confirms that this Explanatory Memorandum meets the required standard.
3. Contact
3.1 Lucy Duncan at the Home Office can be contacted by email at the following address with any queries regarding the instrument: animalsinsciencepolicy@homeoffice.gov.uk
Part One: Explanation, and context, of the Instrument
4. Overview of the Instrument
What does the legislation do?
4.1 This Code of Practice (the ‘Code’) sets out the minimum standards that licensed establishments must meet for the care and accommodation of protected animals used in scientific work under the Animals (Scientific Procedures) Act 1986 (ASPA), which regulates the use of protected animals in scientific procedures that may cause pain, suffering, distress or lasting harm. We are publishing an updated version of this Code that clarifies the standards and removes references that are no longer relevant.
Where does the legislation extend to, and apply?
4.2 The extent of this instrument (that is, the jurisdiction which the instrument forms part of the law of) is the United Kingdom.
4.3 The territorial application of this instrument (that is, where the instrument produces a practical effect) is UK-wide, with consent of Northern Ireland where implementation of this Code is devolved.
5. Policy Context
What is being done and why?
5.1 In December 2014, the Home Office published a Code of Practice for the Housing and Care of Animals Bred, Supplied or Used for Scientific Purposes (the ‘2014 Code’) setting out the legal minimum standards for the care and accommodation of animals used in scientific research. The 2014 Code contained both the standards that were applicable up to 31 December 2016, and the standards that began applying from 1 January 2017, so that both periods were covered by one document. It also contained non-statutory best practice guidance, as well as statutory standards.
5.2 The Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes (the ‘Animals Directive’) was transposed into domestic legislation through the Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039) and amended ASPA Annex III of the Animals Directive, which set out the minimum standards for housing and care, was subject to a transitional period that ended on 31 January 2016. As a result, both the standards that applied until 31 January 2016 and the standards that applied from 1 January 2017 were included in the previous publication of the Code. The pre-2017 standards are now obsolete and have been removed.
5.3 Stakeholders who rely on this Code highlighted the need for greater clarity between statutory requirements, and non-statutory advice included in the Code. Best practice advice previously contained in the Code has been removed from the Code itself but remains available separately as a resource for those working in animals in science.[footnote 1] The updated Code therefore sets out only the legal minimum standards required under ASPA.
What was the previous policy, how is this different?
5.4 The 2014 Code required individuals and establishments licensed under ASPA to comply with the same standards as the updated Code will require, apart from some very minor adjustments. However, references to the Animals Directive have been removed, as have standards that were no longer relevant on account of being superseded in 2017. Best practice advice has also been separated and published separately so that the Code contains only mandatory legal standards. Minor errors in the 2014 Code such as wording, formatting and units of measure have also been corrected.
6. Legislative and Legal Context
How has the law changed?
6.1 The UK’s exit from the EU has meant that is it necessary to restate, revoke and replace relevant provisions in ASPA as part of the resetting of the UK/EU relationship, under the Retained EU Law (Revocation and Reform) Act 2023. The renewed version of ASPA substitutes references to the annexes of the Animals Directive, which set out all standards of care and accommodation, with references to the Code, issued under section 21 of ASPA. This means that an updated version of the Code has been published alongside the restated version of ASPA. The changes to the Code do not result in any change in the law.
Why was this approach taken to change the law?
6.2 The inclusion of the Code, rather than the Animals Directive, as a reference for standards of care and accommodation under ASPA means that the updated Code has been published alongside the restated version of ASPA to ensure consistency of statutory guidance, and to reduce legal risk.
7. Consultation
Summary of consultation outcome and methodology
7.1 The Code was not subject to a public consultation because it is not creating new policy and is a specialist technical subject area. However, the Government has undertaken targeted engagement with key stakeholder groups to develop the new Code. Between May 2024 and February 2026, the following groups were engaged with on the Code: Committee for the Protection of Animals Used for Scientific Purposes (the ‘Animals in Science Committee’); the devolved governments; the Department for Environment, Food and Rural Affairs; the life sciences sector; and veterinary inspectors and management in the Animals in Science Regulation Unit (ASRU). Feedback provided by these groups was incorporated into our decisions on the changes in the Code. The main points raised by stakeholder groups were the need for clarification of language, correction of minor inaccuracies, and the removal or replacement of EU references where necessary.
7.2 The devolved administrations of Scotland and Wales were also given the opportunity to comment on the Code. Northern Ireland, where the policy is transferred, have formally consented to the Code extending to Northern Ireland.
7.3 The Animals in Science Committee was consulted in February 2026, as required by section 21(3) of ASPA. They gave minor feedback on wording, suggesting changes for clarity. All suggested changes were implemented.
8. Applicable Guidance
8.1 Guidance is not required as the Code is self-explanatory, and the document itself details how it should be used.
Part Two: Impact and the Better Regulation Framework
9. Impact Assessment
9.1 A full Impact Assessment has not been prepared for this instrument because the updated Code only clarifies existing statutory standards and removes obsolete references. As the legal requirements placed on establishments are unchanged, no material impacts are expected.
Impact on businesses, charities and voluntary bodies
9.2 There is no, or no significant, impact on business, charities or voluntary bodies because the standards are not being changed.
9.3 The legislation does not impact small or micro businesses.
9.4 There is no, or no significant, impact on the public sector because the standards are for the most part the same as those in the previous version of the Code.
10. Monitoring and review
What is the approach to monitoring and reviewing this legislation?
10.1 The approach to monitoring this Code is to review and update it periodically.
10.2 The instrument does not include a statutory review clause.
Part Three: Statements and Matters of Particular Interest to Parliament
11. Matters of special interest to Parliament
11.1 None.
12. European Convention on Human Rights
12.1 As the Code is subject to the negative resolution procedure and does not amend primary legislation, no statement is required.
13. The Relevant European Union Acts
13.1 This instrument is not made under the European Union (Withdrawal) Act 2018, the European Union (Future Relationship) Act 2020 or the Retained EU Law (Revocation and Reform) Act 2023 (“relevant European Union Acts”).