§ Mr. GrayTo 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.