Commentary on Sections General Section 51: Inspectors
193.Subsection (1) defines the term “inspector” for the purposes of the Act. An inspector is a person appointed either by a local authority or by the appropriate national authority (either the Secretary of State or the National Assembly for Wales). In practical terms, an inspector of the appropriate national authority is currently likely to be a State Veterinary Service inspector.
194.Subsection (2) requires local authorities, when appointing inspectors for the purposes of the Act, to have regard to any guidance that may be issued by the Secretary of State or National Assembly for Wales. It is expected that such guidance would, for example, set out relevant criteria (qualifications, experience etc.) for the appointment of inspectors.
195.Under subsection (3) the Secretary of State or National Assembly for Wales may also issue a list of approved persons who are considered suitable for appointment as inspectors by local authorities.
196.Subsection (4) provides that a person may be included on the list kept under subsection (3) either for all the purposes of the Act or for limited specified purposes.
197.Subsection (5) provides immunity for inspectors for actions taken outside their powers, so long as in purporting to act under their powers, they acted reasonably and in good faith.