Criminal Liability in Regulatory Contexts Responses - Law ...

1.805 Agree.
(3) Examples of Codes of Practice that have been made in England and
Wales include for the welfare of dogs, cats, horses and primates and
Regulations relating to mutilation.
(4) The welfare of farmed animals are additionally protected by the Welfare
of Farmed Animals (England) Regulations 2007 (S.I. 2007 No.2078),
made under the AWA. These Regulations ensure that farmed animal
welfare legislation is aligned with the provisions of the Animal Welfare
Act.
(5) Codes of Recommendations for the Welfare of Livestock which were
originally made under different primary legislation continue to apply under
the AWA and cover laying hens, meat chickens and breeding chickens,
ducks, turkeys, cattle, sheep, pigs, goats, farmed deer and rabbits.
(6) Regulations made to date under the AWA have been the subject first of
public consultation and been the subject of Parliamentary scrutiny,
discussion and approval thus the concerns expressed in the Consultation
paper have been overstated.
QEB Hollis Whiteman Chambers, Justices’ Clerks’ Society, Leicester City
Council, Ivan Krolick, Judges of the Court of Session
BBA
1.806 Believes only Parliament should have power to create new offences (cf regulatory
agencies or upon ministerial order).
The Magistrates’ Association
1.807 Agree strongly.
Trading Standards Institute (TSI)
1.808 As a lot of Trading Standards work involves technical delegated legislation, TSI
would continue to approve of having ministerial departments oversee this and
would disagree with the above Proposal. Departments such as BIS do possess
great amounts of information and, therefore, free Parliamentary time for debating
other issues. Removing criminal offences from delegated legislation could only
lead to having a waiting list for offences to be brought in through primary
legislation.
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