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Dept for Environment Food and Rural Affairs

To ask the Secretary of State for Environment, Food and Rural Affairs, what extra powers, duties and responsibilities will be available to the RSPCA as a result of her agreement that they should become approved prosecutors under section 1(3)(e) of the Protection of Animals (Amendment) Act 2000. - (Holding answer...

Asked by

James Gray (Conservative)

Answering body

Department for Environment, Food and Rural Affairs

Type

Written questions

Status

Answered

Tabled on

8 September 2004

For answer on

4 October 2004

Answered on

4 October 2004

Mr. Gray: To ask the Secretary of State for Environment, Food and Rural Affairs what extra powers, duties and responsibilities will be available to the RSPCA as a result of her agreement that they should become approved prosecutors under section 1(3)(e) of the Protection of Animals (Amendment) Act 2000. [188458] Mr. Bradshaw: [holding answer 13 September 2004]: The RSPCA's written agreement with my right hon. Friend the Secretary of State, which allows them to perform the functions of an `approved prosecutor', under Section 1 (3) (e) of the Protection of Animals (Amendment) Act 2000, took effect from 1 September 2004 and applies in England only. The Amendment Act supplements the Protection of Animals Act 1911, by allowing a magistrates court to make an order relating to the temporary care or for the disposal, sale or slaughter of animals kept for commercial purposes, that are the subject of a prosecution brought under the 1911 Act by a `prosecutor'. The RSPCA is the first body to enter into a written agreement with Defra. The agreement only allows the RSPCA to intervene in cases in which they are already prosecuting under the Protection of Animals Act 1911. The court will only be able to grant an order if it appears necessary for the welfare of the animals, taking account of the evidence of a veterinary surgeon. Once the RSPCA has obtained a court order, they then have the power to enter premises to mark the animals concerned and to carry out the order. The written agreement requires the RSPCA to issue guidance and provide proper training to ensure that the appropriate level of expertise is achieved and maintained by the staff operating under the agreement. The State Veterinary Service and local authorities will perform a full `audit' function for every case in which the RSPCA makes an application to the courts for an order under the 2000 Act.

Legislation

Protection of Animals (Amendment) Act 2000

Date

4 October 2004

Reference

424 c1942-3W;424 c1940W; 188458

House

House of Commons

Deposited Paper Dep 04/1621

Deposited by

Department for Environment, Food and Rural Affairs

Type

Deposited papers

Date

2 September 2004

Reference

Dep 04/1621

House

House of Commons

Written statement

Written Statement on the signing of an agreement with the Royal Society for the Prevention of Cruelty to Animals to allow them to perform the functions of an approved prosecutor under Section 1 (3) (e) of the Protection of Animals (Amendment) Act 2000. (Inc fact that copy of the model...

Member

Ben Bradshaw (Labour)

Department

Department for Environment, Food and Rural Affairs

Type

Written statements

Date

21 July 2004

Reference

424 c38WS

House

House of Commons

Deposited Paper Dep 01/131

Deposited by

Ministry of Agriculture, Fisheries and Food

Type

Consultation papers; Deposited papers

Date

17 January 2001

Reference

Dep 01/131

House

House of Commons

Protection of Animals (Amendment) Act 2000

Type

Public acts

Notes

Private Members' Bill (Ballot bill) presented 15 December 1999.

Date

30 November 2000

Reference

CHAP 40 2000

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