01 February 2001



Protection of Animals Act Comes into Force

The Protection of Animals (Amendment) Act 2000 which received Royal Assent on 30 November 2000 came into force on Tuesday.

The Act, which started life as a Private Member’s Bill supplements the Protection of Animals Act 1911 by allowing a court to make an order relating to the care, disposal or slaughter of animals kept for commercial purposes that are the subject of a prosecution brought under the 1911 Act by a ‘prosecutor’, as defined in the new Act.

A ‘prosecutor’ is defined to include certain public bodies that conduct prosecutions ( Crown Prosecution Service, government departments and local authorities) and any persons or bodies approved by the Ministry of Agriculture, Fisheries and Food (MAFF) or the National Assembly for Wales Agriculture Department.

Similar legislation is now under consideration for Scotland and Northern Ireland.

Guidance notes were being produced in preparation for the act becoming operational. These notes were circulated to various bodies (listed at the end of this article). [See: Circulation List for Draft Guidance Notes.]

A model written agreement, under which terms non-Governmental organisations will operate was also drafted for consultation.

This allows MAFF and the National Assembly for Wales to enter into agreement with ‘approved’ prosecutors. Anyone with 'appropriate and relevant experience and wherewithal' may be approved.

A proposed list of bodies to be detailed on written agreements for the purposes of consultation in the case of specialist or unusual species was also drafted and included:

1. The Federation of Zoos
2. The Hawk and Owl Trust (London Zoo)
3. National Birds of Prey Centre
4. The British Horse Society
5. The Chelonia Society
6. The British Herpetological Society
7. The Pet Care Trust
8. The Ornamental and Aquatic Trade Association
9. Royal Pigeon Racing Association

According to MAFF's Keith Roddy in a letter sent to consulting bodies accompanying the proposed guidance notes, during thre Bill's passage through paliament there were two main areas that provoked some debate. He writes:

"The first is the use of the term ‘commercial animals’. I recognise that there has been considerable debate over the inevitable grey areas which arise from the use of this term. It would be useful to receive comments on how this has been addressed in the guidance notes".

"Secondly, attached to the guidance notes is an annex listing organisations who have already offered their expertise in the case of specialist or unusual species. Please let me know if there are other organisations who wish to offer their services. Those marking and caring for animals will be required to be competent and may need to seek expert knowledge when dealing with these specialist or unusual species".

Circulation List for Draft Guidance Notes

Association of County Council
Barnstaple & North Devon Cage Bird Society
British Association for Shooting & Conservation
British Dog Breeding Council
British Egg Industry Council
British Falconers Club
British Pig Association
British Poultry Meat Federation
British Veterinary Association
British Waterfowl Association
Cats Association of Britain
Cats Protection League
Compassion In World Farming
Countryside Alliance (Head of Political Research)
County Landowners Association
Epping Forest District Council
Farm Animal Care Trust
Farm Animal Welfare Council
Farm Animal Welfare Network
Force Intelligence Bureau
Gwent Animal Rescue
International Fund for Animal Welfare
Kennel Club
Local Government Association
Marshburg Kennels
Mr Lloyd Wilson
National Animal Health & Welfare Panel
National Aviculture Council
National Beef Association
National Birds of Prey Centre
National Canine Defence League
National Farmers Union
National Farmers Union (Parliamentary Affairs)
National Pig Association
National Sheep Association
Pet Care Trust
R S P C A (Farm Animal Department)
R S P C A (Prosecutions)
Royal College of Veterinary Surgeons
Royal Pigeon Racing Association
Royal Veterinary College
Sustainable Users Network
The British Herpetological Society
The British Horse Society
The Budgerigar Society
The Chelonia Society
The Farm & Food Society
The Federation of Zoos
The Hawk & Owl Trust
The Hawk Board
The International League for the Protection of Horses
The Ornamental & Aquatic Trade Association
Tor View Kennels
Trading Standards Institute
Universities Federation for Animal Welfare
Vegetarian International Voice for Animals (Viva)

The full set of Draft Guidance Notes is currently available: here

Source Open.gov.uk
Copyright 2001 in this form Steve O'Malley (UKPets).
This article may be reproduced with permission of the author and correct attribution to the source.