On 7 June 2004 the RSPCA signed a written agreement with the Secretary of State for Environment, Food and Rural Affairs to allow them to perform the functions of an “approved prosecutor” under the Protection of Animals (amendment) Act 2000. This agreement has been reached after a lengthy negotiation process and will come into effect on 1 September 2004. The area of jurisdiction applies to England only. The final model written agreement can be found on our website at:

http://www.defra.gov.uk/animalh/welfare/farmed/on-farm.htm together with the updated guidance notes.

We note that in 2001 you expressed reservations about the possibility of the RSPCA being granted “approved prosecutor” status. We understand your concerns but believe that he RSPCA have, during our negotiations, provided us with sufficient evidence that they meet the criteria for relevant experience and resources to perform this function. As you can see from the model agreement, they will be bound to comply with the provisions of a tightly bound written agreement. Any other body wishing to apply for “approved prosecutor” status may do so provided they can fulfil the full criteria and be bound by the same legal agreement.

Definition of ‘commercial’

2. Section 1(2) states that the Act applies only to ‘animals kept for commercial purposes’. This covers farm animals, animals kept for sale in pet shops and guard and sniffer dogs. It does not cover pets (or those animals kept by ‘hobby breeders’) or animals covered by the provisions of the Animal (Scientific Procedures) Act. Neither does it cover animals kept for recreation, sport and competition (e.g. gundogs, working terriers and show animals kept for personal use).

4. In most cases, it should be clear if animals are being kept for commercial purposes. However, the following list of questions might be useful:

(a) why does the owner keep the animals?

(b) what does he or she do (or intend to do) with them?

(c) how many animals does the owner have?

(d) where are they kept?

(e) what species are the animals?

(f) is the owner registered or licensed for any relevant purpose?

(h) how does the owner dispose of the animals or their offspring?

(i) are the animals, or products derived from them, intended mainly for the personal use of the owner?

(j) are the animals kept primarily for financial gain?
(k) how often are the animals bred?