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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Under the Animal Health Act it would seam that Trading Standards

Customer Question

Under the Animal Health Act it would seam that Trading Standards can gain access to
domestic premises as a right and at will. How does this impact on ones rights under The
Human Rights Act eg section 8.After 11 visits and finding nothing what does this constitute,
and is their a limit to their constant enrty.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

Do you mean the Animal Welfare Act?
Customer: replied 3 years ago.

On some occasions they use the Animal Welfare Act 2006 on others they use the Animal Health Act.


The Animal Welfare Act 2006 has a clause in it to prevent access to domestic premises but it is not clear what it actually means.

Expert:  Jo C. replied 3 years ago.

All Acts of Parliament have to be interpreted in accordance with the HRA.

However, the practical reality is that Art 8 is not likely to assist hugely here. The domestic Parliament is free to make law which creates offences. Offences can really only be prosecuted if there are powers of entry, seizure and arrest. These statutes are not the only ones that allow the agents of the state to enter a dwelling. PACE and the Misuse of Drugs Act has allowed that for a number of years.

If you are saying that these particular officials are abusing the powers then that isn't really an HRA point. Thats just an argument that the entry doesnt comply with the legislation because there is no basis for reasonable suspicion.

To be wholly honest though, if Art 8 prevented the emanations of the state from entering a domestic home and interfering, our current domestic violence policy would be completely unenforceable. You would not believe how much I wish that were the case.

I'm afraid the plain fact remains that it is possible to interpret these statutes in a way that is consistent with the HRA on this point. They do not require the state to interfere unless the potential mischief overrides an individuals right to a peaceful family home.

Sorry but thats your position.
Customer: replied 3 years ago.

What is the legislation that decrees that "All act of parlament have to be interpreted in accordance with the HRA,?


What does interpret mean.?


Under the Animal Whelfare Act 2006 They are not allowed to enter.


but i do not understand what clause 3 preventing entry means.


Under the Animal Health Act they seamingly do not even need reasonable suspicion is this correct?


If they enter again and again surley this is harrisment. 11 times in all.


If it can be classed as harrisment what is the remedy at court and to which court would you address the matter . Please answer these points.

Expert:  Jo C. replied 3 years ago.
I'm not sure how to make that clearer really. They have to interpret legislation to be consistent with the HRA.

They are allowed to enter. They have powers under S23 and others subsequent sections and Schedule 2.

There does need to be reasonable grounds under the AHA. Its in S7. Reasonable grounds only means the barest suspicion in practice.

This isn't harassment. Its perfectly lawful exercise of statutory powers. There isn't a remedy for that reason.

I'm afraid I don't think 11 entries are necessarily unreasonable if the grounds to do so were made out.
Customer: replied 3 years ago.

I assume you are refering to the AWA when you say they have a power of entry.


S23 stipulates they need a warrant.


Section 19 says (2)Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling. Does this mean my garden and garage and annex.


If they constantly breach this clause by attending on 11 occasions in response to welfare allegations and on each occasion the state vet states that welfare on my farm is good to impressive but then decide to wander round my domestic premises what action can i take against them. I accept they can entre my farm anytime they like.My farm is next to my residence.


What remedy do i have?


Their alledged suspicion is that customers make enquiries and express concern over welfare on the farm because they do not know what they


are looking at.They are not about my domestic residence.


What do you recomend. Surley this is not consistant with the HRA.


Please advise.


If they have no reasonable grounds what can i prosecute them for?

Expert:  Jo C. replied 3 years ago.
1 No. There are powers under AHA too.

2 Yes, it can extend to a garden and annexe if covered by the warrant.

3 This is covered above.

4 This is covered above.

5 This is covered above. No, its not inconsistent. They are responded to complaints.

6 This is covered above.
Customer: replied 3 years ago.

Sorry but i do not understand your replies and i think we are acting at cross purposes.


1) I understand you are refering to the AWA .


2) If they do not have a warrant and they access my domestic premises


repeatedly without reasonable suspicion what action can i take against them and what is the process.


 


3) I have asked twice now for you to site the legislation that obliges them to


interpret legislation in accordance with the HRA.

Expert:  Jo C. replied 3 years ago.
Sorry but I'm afraid I will have to opt out of this question as I can add no more to what I've said.
Customer: replied 3 years ago.
Relist: Incomplete answer.
The adviser could not add to what she advised and i could not understand the answers.i could not work out to what legislation she was refering and the advice given was not logical.I think the advisor was
unsure.I would like to be ferered to another advisor who does not have access to the answers given.
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name is Nic I will do whatever I can to help you today.

For the avoidance of any misunderstanding what else do you want to know?
Customer: replied 3 years ago.

Under the Animal Welfare Act 2006 and the Animal Health act Trading Standards gained access to my domestic premises declaring they had a right to do so by deception and at will. How does this impact on ones rights under The Human Rights Act and if not do i have recourse at law for their abuse of the legislation.

Customer: replied 3 years ago.

If Trading Standards entre onto my private domestic premisis under the


Animal Welfare Act 2006 without a warrent on repeated occasions what is my legal recourse against them.


 


Section 19 says (2)Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling. Does this mean my garden and garage and annex.

Expert:  UK-Justice replied 3 years ago.
The human rights act in particular right to family life, is a qualified right.

This means that the right can be limited, if,prescribed by law and for the purpose of achieving a legitimate aim.

In this case the law prescribes that they can gain access to your property.

The law allows this. S.19 is only one of the powers of entry. They can also get in under s.23

So yes it may be a violation of human righs but it is for the purpose of achieving a legitimate aim and because the right is not absolute and only qualified, that right can be limited.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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Customer: replied 3 years ago.

Thank you but they have no right to entre my domestic premises and


I have given you the section that prevents them doing so 19.


If they want to do so they need a warrant under section 23. Please read the ACT.


This is a quote from the act


Section 19 says (2)Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling. Does this mean my garden and garage and annex.?

Customer: replied 3 years ago.

I have not received a reply but you class the status as finnished why.

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