Draft Legislative Reform (Local Government) (Animal Health Functions) Order 2009 - Regulatory Reform Committee Contents


4  The Eves Report, Consultations, and Impact Assessment

7. The Eves review of animal health functions was published in June 2006.[2] Among its many recommendations was a recommendation that legal obstacles to cross-border working between local authorities should be removed. Subsequent consultation agreed.[3]

8. Consultation on the specific proposal in the draft LRO took place from 25 July to 17 October 2008.[4] The number of responses was small (ten) but importantly included LACORS and a number of individual local authorities. One response[5] which in general favoured the proposal observed that clarity was needed over which authority would be responsible in the event of negligence or maladministration. However, responsibility vis-a-vis third parties would remain with the commissioning authority since there will be no change in the statutory duty of each local authority to make satisfactory animal health provision. In light of that, we are satisfied that no necessary protection will be removed. All other respondents were unanimously in favour of reform. We therefore believe that the proposals have been the subject of adequate consultation and have taken proper account of that consultation.

9. Feedback from consultation provided support for the proposal in general terms rather than definite interest from particular authorities. Therefore the estimates of savings in the impact assessment[6] are approximate, but range up to around £277,000 based on an assumption of a five percent saving on current costs of inspections and other functions. That is probably at the upper end of likely savings, but we agree that it is nevertheless an unnecessary administrative burden for local authorities with little or no regular need to exercise animal health functions to have to maintain resources for dealing with matters that seldom arise merely as the result of a legislative oversight.


2   http://www.defra.gov.uk/animalh/ahws/deliver/review.htm Back

3   See ED page 5. Back

4   See http://www.defra.gov.uk/corporate/consult/localauth-lga-ah/index.htm Back

5   Nick Clayton, a veterinary practitioner Back

6   See ED pages 20 to 22 Back


 
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