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LUK13 - Animal Health Act 1981
General Information The information provided within these pages provides a background
to the legislation issues. |
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| Date | 1960 |
| Wildpro "Organisations & Website" Reference |
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| Text Availability (e.g. HMSO / Copyright / Public Domain etc.) | HMSO: Crown Copyright. The authoritative versions of Acts are usually the "Queen's Printer" copies (often published by The Stationery Office Limited). Details of how to obtain the authoritative versions are available through Website Ref - W65 - Her Majesty's Stationary Office (HMSO) |
| Brief Overview / Significance |
The Welfare of Animals (Transport) Order 1997 requires (Section 4. (1)) that "No person shall transport any animal in a way which causes or is likely to cause injury or unnecessary suffering to that animal." |
| NOTES - Amendments / Relation to other legislation | |
| Specific Section References | |||
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| Wildpro Reference | Chapter/Paragraph Title | Content | Page nos. |
| LUK13.O1 | Transit of Animals (General) Order 1973 (as amended by the Transit of Animals (Amendment) Order 1988) | Indicated that most species of animals, including non-domesticated species and including invertebrates, must be transported without causing them unnecessary suffering. | |
| LUK13.O2 | The Welfare of Animals (Transport) Order 1997 © Crown Copyright 1997 (full text below) | Full text from the order is available below. | |
The following text is Crown Copyright, taken directly from the website of HMSO, and is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. STATUTORY INSTRUMENTS 1997 No. 1480 Made 10th June 1997 Coming into force 1st July 1997 ARRANGEMENT OF ARTICLES 2. Application 4. General provisions on the protection of animals in transport 6. Fitness of animals to travel 8. Feeding and watering, travelling times and rest periods 9. Accompaniment of vertebrate animals by competent persons 11. IATA and CITES 12. Authorisations and registration 13. Route plans 14. Animal Transport Certificate 15. Exceptions 16. Third countries 17. Enforcement 20. Offences by bodies corporate 21. Offences 22. Revocations and disapplication
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 7, 8(1), 37, 38(1), 39, 72, 83(2) and 87(2), (3) and (5)(a) of the Animal Health Act 1981[1], and of all other powers enabling them in that behalf, hereby make the following Order: Title and commencement 1. This Order may be cited as the Welfare of Animals (Transport) Order 1997 and shall come into force on 1st July 1997. 2. - (1) Subject to paragraphs (2) and (3) below, this Order shall apply to the transport of -
(2) This Order (except as provided for in paragraph (3) below) shall not apply:
(3) Article 4(1) shall apply to all transport of animals, and article 6 insofar as it relates to cattle, sheep, pigs, goats and horses shall apply to all transport of such animals. (4) The Secretary of State for Scotland may, if he thinks fit, exempt any person transporting animals within The Highlands and Islands Enterprise area from any of the provisions of this Order other than article 4(1) and article 6. (5) An exemption under the preceding paragraph may be granted subject to conditions, and may be varied, suspended or revoked at any time. (6) For the purposes of this article "the Highlands and Islands Enterprise area" has the meaning assigned to it by section 21(1) of the Enterprise and New Towns (Scotland) Act 1990[2]. 3. - (1) In this Order, unless the context otherwise requires -
(2) Markets and assembly centres approved for the purposes of intra-Area trade under Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade affecting bovine animals and swine[3]) or Council Directive 91/68/EEC (on animal health conditions governing intra-Community trade in ovine and caprine animals[4]) may be regarded as places of departure where the first place of loading of the animals is 50 km or less from the said markets or assembly centres. (3) Markets as described in paragraph (2) above may also be regarded as places of departure where, although the first place of loading of the animals is more than 50 km from the said markets, the animals have had a rest period of at least 12 hours and have been provided with an adequate quantity of suitable food and with an adequate quantity of liquid before being reloaded. (4) Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is a reference to that article or Schedule in this Order. (5) Any reference in this Order to a Community instrument is a reference to that instrument as amended at the date this Order is made. (6) Any certificate or approval under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time. General provisions on the protection of animals in transport 4. - (1) No person shall transport any animal in a way which causes or is likely to cause injury or unnecessary suffering to that animal. (2) Without prejudice to the generality of paragraph (1) above, a master of a vessel shall not transport any animal by sea, and a commander of an aircraft shall not transport any animal by air, if in his judgement the animal is likely to be caused injury or unnecessary suffering in the course of the transport due to adverse weather, sea or air conditions likely to be encountered during the voyage or flight. (3) Any person transporting cattle, sheep, pigs, goats or horses shall do so in accordance with Schedules 1 and 2. (4) Any person transporting poultry and domestic birds or domestic rabbits shall do so in accordance with Schedules 1 and 3. (5) Any person transporting domestic dogs or domestic cats shall do so in accordance with Schedules 1 and 4. (6) Any person transporting mammals or birds of a type not mentioned in the preceding paragraphs shall do so in accordance with Schedules 1 and 5. (7) Any person transporting vertebrate animals or cold-blooded animals of a type not mentioned in the preceding paragraphs shall do so in accordance with the provisions of Schedule 6. Space allowance 5. - (1) Without prejudice to the generality of article 4(1), no person shall transport any animal on a journey of over 50 km in a way which is likely to cause injury or unnecessary suffering because of the amount of space available to each animal. (2) In deciding whether or not the space available is adequate, a transporter shall -
Fitness of animals to travel 6. - (1) No person shall transport any animal unless -
(2) Without prejudice to the generality of paragraph (1) above, for the purposes of this article an animal shall not be considered fit for its intended journey if it is ill, injured, infirm or fatigued, unless it is only slightly injured, ill, infirm or fatigued and the intended journey is not likely to cause it unnecessary suffering. (3) For the purposes of this article mammals shall not be considered fit for transport if they -
(4) For the purposes of this article, infant mammals and infant birds specified in article 2(1)(d) which are not accompanied by their mother shall not be considered fit for their intended journey if they are incapable of feeding themselves. (5) Notwithstanding the provisions of paragraph (1) above, animals transported while undergoing regulated procedures authorised under the Animals (Scientific Procedures) Act 1986[6] may be transported provided that they are not likely to be caused injury or unnecessary suffering by the intended journey. (6) Notwithstanding the provisions of paragraphs (1) and (2) above, any cattle, sheep, pigs, goats and horses may be transported to the nearest available place for veterinary treatment or diagnosis, or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness. However, an animal transported under the provisions of this paragraph may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment. (7) No person shall transport a deer in velvet unless the journey is of 50 km or less and special precautions are taken to protect it from injury or unnecessary suffering. Treatment of sick animals 7. - (1) Where animals fall ill or are injured during transport, the person in charge of the animals shall ensure that they receive first-aid treatment as soon as possible, that they are given appropriate veterinary treatment and if necessary are slaughtered in a way which does not involve unnecessary suffering. (2) Without prejudice to the generality of paragraph (1), where an animal which is being transported by sea or air falls ill or is injured during the journey, the master of the vessel or the commander of the aircraft shall, if he considers it necessary having regard to the availability of appropriate veterinary treatment or of landing the animal without causing it unnecessary suffering, cause it to be slaughtered in a way which does not involve unnecessary suffering. (3) Subject to the provisions of section 46 of the Animal Health Act 1981 (which provides for the slaughter of injured horses), the requirements of paragraph (2) shall not apply in relation to horses. Feeding and watering, travelling times and rest periods 8. - (1) No person shall transport animals unless, at an appropriate time before the journey begins, and as appropriate to the species, the animals are accommodated in a place which is not a means of transport, offered liquid and food and if necessary cared for. (2) In the case of cattle, sheep, pigs, goats and horses (except registered horses), the transporter shall ensure that they are rested, and offered liquid and food during a journey at least in accordance with Schedule 7. (3) In the case of poultry and domestic birds and domestic rabbits, the transporter shall ensure that during a journey suitable food and liquid is available, in suitable quantities and at suitable intervals, save in the case of -
(4) In the case of domestic dogs and domestic cats, the transporter shall ensure that during the journey they are fed at intervals of not more than 24 hours and given liquid at intervals of not more than 12 hours and that clear written instructions about feeding and watering accompany the animals. (5) In the case of other mammals and birds, the transporter shall ensure that they are suitably fed and watered at appropriate intervals during a journey, and that clear written instructions about feeding and watering and any special care required accompany the animals and that the instructions are complied with. (6) Nothing in this article or Schedule 7 shall require the unloading of any animal which normally lives on its means of transport. (7) In this article, in relation to the transport of registered horses, it shall be for the transporter to prove that the animals being transported are registered. Accompaniment of vertebrate animals by competent persons 9. - (1) Any transporter who transports vertebrate animals on a journey of over 50 km shall ensure that the persons to whom he entrusts the animals includes at least one person who has either -
(2) Paragraphs (3) to (5) below shall only apply in relation to a journey beginning after 1st July 1998 which involves the transport of cattle, sheep, pigs, goats or horses, either by road vehicle for a journey lasting 8 hours or more, or by another means of transport irrespective of the length of the journey. (3) In the case of a person who has specific training, that person shall have a qualification relating to the welfare of animals during transport approved by the Minister. (4) In the case of a person who has practical experience equivalent to specific training, that person shall have been assessed, using a method approved by the Minister, to ensure that that person has the necessary ability, competence and knowledge qualifying him to handle and transport and, if necessary, administer appropriate care to the animals being transported, and the result of that assessment recorded in writing and a copy given to the person who has been assessed. (5) The transporter shall keep a copy of the record of the assessment carried out under the preceding paragraph throughout the time that the person is engaged by him on journeys accompanying animals, and for a period of 6 months thereafter and shall produce it on demand to an inspector. (6) In the case of a transporter authorised in another member State, it shall be sufficient that the person accompanying the animals has satisfied the requirements on competence of that member State. Duties on transporters 10. - (1) Any person transporting animals shall ensure that the animals are transported without delay to their place of destination. (2) In the case of animals transported in a receptacle, any person in charge of the animals shall ensure that they are not caused injury or unnecessary suffering while they are in the receptacle either waiting to be loaded on to the means of transport or after they have been unloaded. IATA and CITES 11. - (1) No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association[7]. (2) No person shall transport an animal to which the Convention on International Trade in Endangered Species[8] refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with the standards set by the International Air Transport Association. Authorisations and registration 12. - (1) No person shall transport vertebrate animals by sea or air, or by any other means of transport involving a journey over 50 km, except under -
(2) An authorisation granted by the Minister under this article -
(3) The provisions of Schedule 9 relating to authorisations shall have effect. (4) In the case of a transporter authorised outside the United Kingdom, if the Minister is satisfied that serious or repeated infringements have taken place against this Order or any other legislation implementing Council Directive 91/628/EEC in the United Kingdom, provided that all the possibilities afforded by mutual recognition referred to in that directive have been exhausted and after contacts between the parties and the Commission, the Minister may, by notice in writing served on the transporter, temporarily prohibit the transporter from transporting vertebrate animals in Great Britain. (5) Any person requiring a specific authorisation under this Order shall register as a transporter with the Minister. Route plans 13. - (1) This article shall apply in relation to horses (other than registered horses), cattle, sheep, pigs and goats, where the animals are traded between member States or exported to third countries, provided that the journey time exceeds 8 hours. (2) If there is more than one transporter for a journey, the provisions of this article shall be complied with by the person consigning the animals for the whole period of the journey. (3) A transporter who intends to transport animals on a journey to which this article applies shall draw up on paper and sign a route plan which is in a form approved by the Minister containing the information set out in Schedule 11 and which covers the whole period of the journey. (4) The transporter shall submit the signed route plan with his application for an export health certificate to the person appointed by the Minister to receive such documents for the area in which the journey will begin. (5) If he is satisfied that the proposed journey is in compliance with the provisions of this Order, the person appointed by the Minister shall mark on the route plan the number or numbers of the export health certificates of the animals, stamp the route plan and ensure that it is returned to the transporter with the signed health certificate. (6) No person shall transport animals on a journey to which this article applies unless he has received from the person appointed by the Minister a duly stamped route plan which relates to those animals and that journey. (7) The transporter shall ensure that the original copy of the route plan is attached to the export health certificate and accompanies the consignment throughout the journey. (8) The transporter shall ensure that, where the journey exceeds the time limits set out in Schedule 7, the transport of the animals is not begun unless -
(9) The transporter shall ensure that the person in charge of the animals during the journey endorses on the route plan the times and places at which the animals transported are fed and watered during the journey, and that this information is written on the route plan at the time such feeding and watering takes place. (10) Both the transporter of the animals and the person in charge of the animals during the journey shall take all reasonable steps to ensure that the route plan is complied with. (11) When the journey is completed, the person who signed the route plan when it was originally submitted shall either -
(12) The transporter shall keep a second copy of the route plan for a period of 6 months from completion of the journey, and shall produce it on demand at the request of an inspector and allow copies to be taken. (13) In the case of exports direct to third countries from Great Britain, where the journey time within the European Union exceeds 8 hours, or where the animals are being exported to third countries by sea and the total travelling time exceeds 8 hours, the transporter -
(14) If a transporter is a limited company, the route plan shall be signed by a director of that company or a person within the company nominated by him in writing to act on behalf of the company. (15) In this article, in relation to the transport of registered horses, it shall be for the transporter to prove if required by an inspector that the animals being transported are registered. Animal Transport Certificate 14. - (1) A transporter shall ensure that, except where a route plan is required, all animals which he is transporting are accompanied throughout the journey (subject to the provisions of Schedule 7 Part II relating to markets) by documentation stating -
(2) The provisions of paragraph (1) shall not apply in relation to the transport of poultry and domestic birds for a distance of 50 km or less where -
(3) In the case of animals which are not cattle, sheep, pigs, goats, horses or poultry and domestic birds, the provisions in paragraph (1) shall not apply in relation to journeys of 50 km or less. (4) The transporter shall keep a copy of the documentation for a period of 6 months from the completion of the journey, and shall produce it to an inspector on demand and allow copies to be taken. (5) Where a copy of the documentation required to be kept in accordance with paragraph (4) above is kept in an electronic or magnetic form, references in that paragraph -
15. - (1) Where cattle, sheep, pigs, goats or horses are transported for a distance of 50 km or less, to, from or within land used for agricultural purposes in a vehicle owned by the owner or occupier of that land and the vehicle has an internal length of not more than 3.7 m available for the carriage of animals, then the following provisions shall not apply -
(2) Where cattle, sheep, pigs, goats or horses are transported for a distance of 50 km or less in a vehicle which is used exclusively, in the course of a single day, for the transport of such animals between the same two points, other than between two markets, paragraph 26(1) of Part II of Schedule 1 (Cleaning and disinfection) shall not apply. Third countries 16. - (1) No person shall import any animal from outside the European Union into Great Britain, either for consignment to a destination in Great Britain or transit through Great Britain, unless he has given a written undertaking to the Minister to comply with the requirements of Council Directive 91/628/EEC on the protection of animals during transport[10] and has made arrangements to comply with them. (2) No person shall transport vertebrate animals from Great Britain to a destination outside the European Union unless the person in charge of the transport undertaking has first signed and dated an undertaking in the form set out in Schedule 10 (which, after it has been made, shall remain valid for all such journeys). 17. - (1) This Order shall be executed and enforced by the local authority. (2) The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority. Powers of an inspector 18. - (1) Where an inspector considers that animals are being transported, or are about to be transported, in a way which is likely to cause injury or unnecessary suffering, or in any other way in contravention of any provision of this Order, he may serve a notice on the person appearing to him to be in charge of the animals requiring that person to take any action necessary to ensure compliance with this Order, giving reasons for the requirements. (2) Without prejudice to the generality of paragraph (1) above, an inspector may in particular -
(3) If it is necessary for identification purposes, an inspector may mark an animal and it shall be an offence against the Animal Health Act 1981 for any person to remove, deface, obliterate or alter such mark. (4) If any person fails to comply with the requirements of a notice served under this article, the inspector shall have powers to carry out those requirements himself, or cause them to be carried out, and the transporter shall be liable for the cost of such action. (5) In deciding whether or not to serve a notice under this article, an inspector appointed by the Minister may take into account any previous failure to comply with any provision of this Order or of any other Order made under section 37, 38 or 39 of the Animal Health Act 1981 and in particular any failure to submit a completed and correct route plan at the end of any previous journey. Production of plans 19. - (1) The owner or charterer of any vessel to be used for the transport of animals shall -
(2) No person shall be obliged by virtue of paragraph (1) to provide any information which he cannot, with the exercise of reasonable diligence, obtain. Offences by bodies corporate 20. - (1) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, (a) any director, manager, secretary or other similar officer of the body corporate, or (b) any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly. (2) For the purposes of paragraph (1) above, "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. (3) Where an offence under this Order is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly. 21. Any person who without lawful authority or excuse, proof of which shall lie on him -
Revocations and disapplication 22. The provisions of Schedule 12 (revocations and disapplication) shall have effect. Elliot Morley Parliamentary Secretary Ministry of Agriculture, Fisheries and Food 10th June 1997 Sewel
Parliamentary Under-Secretary of State Scottish Office 3rd June 1997 Signed by authority of the Secretary of State for Wales
Win Griffiths Parliamentary Under-Secretary of State Welsh Office 9th June 1997 Article 4(3) to (6) GENERAL REQUIREMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF MEANS OF TRANSPORT AND RECEPTACLES FOR ALL MAMMALS AND BIRDS Avoidance of injury and suffering 1. Means of transport, receptacles, and their fittings shall be constructed, maintained and operated so as to avoid injury and unnecessary suffering and to ensure the safety of the animals during transport, loading and unloading. Substantial construction 2. Every part or fitting of a means of transport or receptacle which may be exposed to the action of the weather shall be constructed, maintained and operated so as to withstand the action of the weather. Size 3. The accommodation available for the carriage of animals shall be such that the animals are, unless it is unnecessary having regard to the species of animal and the nature of the journey, provided with adequate space to lie down. Floors 4. Any floor on which animals stand or walk during loading, unloading or transport shall be -
Weather and sea conditions 5. Means of transport and receptacles shall be constructed, maintained and operated so as to protect animals against inclement weather, adverse sea conditions, marked fluctuations in air pressure, excessive humidity, heat or cold. Projections and sharp edges 6. Means of transport and receptacles shall be free from any sharp edges and projections likely to cause injury or unnecessary suffering to any animal being carried. Cleanliness 7. Means of transport and receptacles shall be constructed, maintained and operated so as to allow appropriate cleaning and disinfection. Escape-proof 8. Means of transport and receptacles shall be escape-proof. Noise and vibration 9. Means of transport and receptacles shall be constructed, maintained and operated so as to ensure that animals are not likely to be caused injury or unnecessary suffering from undue exposure to noise or vibration. Lighting 10. - (1) Means of transport and receptacles shall have sufficient natural or artificial lighting to enable the proper care and inspection of any animal being carried.
Use of partitions 11. - (1) Partitions shall be used if they are necessary -
Design of partitions 12. Partitions shall be -
Special provisions for rail wagons 13. Any rail wagon used in the transport of animals shall be marked with a symbol indicating the presence of live animals. 14. Any rail wagon in which animals are carried shall be -
15. The inside walls of any rail wagon used for the carriage of animals (other than in receptacles) shall be of a suitable material, completely smooth and shall have, if necessary, means for tying the animals to the walls. Special provisions for transport by water or air 16. Animals being transported by water or air shall -
Additional provisions for transport by water 17. There shall be adequate passageways on a vessel providing access to all pens, receptacles, vehicles or rail wagons in which animals are accommodated. 18. All parts of a vessel in which animals are accommodated shall be provided with adequate drainage and shall be kept in a sanitary condition. 19. - (1) Enclosed decks of a vessel in which animals are transported (whether in vehicles or otherwise) shall be provided with an adequate means of mechanical ventilation.
20. Where animals are transported by water, there shall be provisions for isolation of ill or injured animals during the voyage and for first aid treatment to be given, when necessary. 21. Where animals are transported in vehicles on board vessels -
GENERAL PROVISIONS FOR THE TRANSPORT OF ALL MAMMALS AND BIRDS Jolting 22. Animals shall not be transported in such a way that they are severely jolted or shaken. Loading and unloading 23. Animals shall be loaded and unloaded in such a way as to ensure that they are not caused injury or unnecessary suffering by reason of -
Emergency unloading 24. Unless an animal can be loaded and unloaded in accordance with the provisions of paragraph 10(6) or (7) of Part II of Schedule 2 below, a vehicle shall, at all times, carry the means to enable animals to be unloaded without causing them injury or unnecessary suffering at a place where there is no other unloading equipment. Segregation of animals and goods 25. - (1) Goods which are being transported in the same means of transport as animals shall be positioned so that they do not cause injury or unnecessary suffering to the animals and in particular goods which could prejudice the welfare of animals shall not be carried in pens or receptacles in which animals are transported.
Cleaning and disinfection 26. - (1) Animals shall be loaded only into means of transport or receptacles which have been thoroughly cleaned and where appropriate, disinfected.
Litter 27. Floors on which animals are transported shall be covered with sufficient litter to absorb urine and droppings unless equally effective alternative arrangements are in place or unless urine and droppings are regularly removed. Labelling of receptacles 28. Receptacles in which animals are transported shall -
Securing of receptacles 29. Receptacles shall be secured so as to prevent their displacement during transport. Humane slaughter on vessels and aircraft 30. Vessels and aircraft on which animals are transported shall carry appropriate means for effecting the humane slaughter of the type of animal being carried if necessary. Attendants 31. - (1) In order to ensure the necessary care of the animals during transport, consignments of animals shall be accompanied by a sufficient number of attendants, taking into account the number of animals transported and the duration of the journey.
Article 4(3) ADDITIONAL REQUIREMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF MEANS OF TRANSPORT AND RECEPTACLES FOR CATTLE, SHEEP, PIGS, GOATS AND HORSES Size and height 1. The accommodation available for the carriage of animals shall be such that the animals are provided with adequate space to stand in their natural position. Ventilation 2. Means of transport and receptacles shall be constructed, maintained, operated and positioned so as to provide appropriate ventilation and sufficient air space above the animals to allow air to circulate properly. Inspection of interior of receptacles 3. - (1) Receptacles shall be constructed, maintained and positioned so that they allow for the inspection and care of the animals, including, if necessary, the feeding and watering of the animals.
Special provisions for road vehicles 4. Vehicles shall be equipped with a roof which ensures effective protection against the weather. 5. Vehicles shall be equipped, on each floor on which animals are carried (other than in receptacles), with barriers, or, in the case of a vehicle exclusively used for the transport of horses, with straps, so constructed and maintained as to prevent any animal from falling out of the vehicle when any door used for loading and unloading is not fully closed. 6. - (1) Every ramp which is carried on or forms part of a vehicle shall be constructed, maintained and operated -
7. Vehicles (other than vehicles in which animals are being carried in receptacles) shall be constructed so that all the animals inside can be inspected from the outside, and for this purpose shall be provided with suitably arranged openings and footholds. 8. In the case of animals which are normally required to be tied, suitable provision shall be made so that animals may be tied to the interior of the vehicle. Approval of receptacles and pens on vessels 9. - (1) In the case of journeys beginning in Great Britain receptacles or pens used on an exposed deck of a vessel shall have been approved by the Minister before the animals are loaded.
ADDITIONAL PROVISIONS FOR THE TRANSPORT OF CATTLE, SHEEP, PIGS, GOATS AND HORSES Loading equipment 10. - (1) Animals shall be loaded and unloaded in accordance with this paragraph.
Internal ramps and means of lifting 11. - (1) Animals shall be moved from one floor or deck of a vehicle, vessel or receptacle to another in accordance with this paragraph.
Tying 12. When animals are tied, the ropes or other attachments used shall be -
13. Animals shall not be tied by the horns, or by nose rings. Segregation of animals 14. - (1) Save as provided in sub-paragraphs (2) and (4), the following animals shall not be carried in an undivided vehicle, rail wagon, pen or receptacle with other animals -
Restrictions on lifting, dragging and use of force on animals 15. - (1) Without prejudice to the provisions of article 6(6), animals shall not be suspended by mechanical means, nor lifted or dragged by the head, horns, legs, tail or fleece.
Duties of attendants 16. - (1) The attendant or consignor's agent shall look after the animals, and, if necessary, feed, water and milk them.
Special provisions for horses 17. When transported in groups, horses shall -
18. Horses shall not be transported in vehicles with more than one deck in operation. 19. Where they are transported in rail wagons and are not in individual stalls, horses shall be tied in such a way that they are all facing the same side of the rail wagon or each other. Foals and unbroken animals shall not be tied. 20. When transported by water each horse shall be carried in a stall or receptacle without any other animal, except that small ponies, small asses, small mules and unbroken horses may be carried in groups and a mare may be carried with her foal at foot. 21. When transported by water in individual stalls, horses shall be carried athwartships unless the horses are in a vehicle which is on a vessel which has effective stabilisers in operation. Special provisions for transport by rail 22. When transported by rail, large animals shall be loaded in such a way as to allow an attendant to move between them. Special provisions for transport by water 23. Vessels used for the transport of animals shall, before sailing, be provided with sufficient supplies of liquid for drinking (unless they are equipped with a suitable system allowing its production) and appropriate foodstuffs, having regard to the species and number of animals being transported as well as the duration of the voyage. Article 4(4) ADDITIONAL REQUIREMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF MEANS OF TRANSPORT AND RECEPTACLES OF POULTRY AND DOMESTIC BIRDS AND DOMESTIC RABBITS Ventilation 1. Means of transport and receptacles shall be constructed, maintained, operated and positioned to provide adequate ventilation and air space. Special provisions for receptacles 2. Receptacles in which animals are transported shall be constructed and maintained so that they allow for appropriate inspection and care of the animals. 3. Receptacles in which animals are carried shall be of such a size as to protect the animals from injury or unnecessary suffering during transport. 4. Receptacles in which birds are transported shall be constructed and maintained so that they prevent any protrusion of the heads, legs or wings from them. 5. Birds shall not be carried in a sack or bag. ADDITIONAL PROVISIONS FOR THE TRANSPORT OF POULTRY AND DOMESTIC BIRDS AND DOMESTIC RABBITS Lifting of birds 6. Birds shall not be lifted or carried by the head, neck, wing or tail except for -
Tying of birds 7. Birds shall not be tied by the neck, leg or wing. Segregation of rabbits 8. Rabbits shall not be carried in the same undivided pen, receptacle, road vehicle or rail wagon as an animal of any other species. Segregation of birds 9. - (1) Birds shall be segregated according to species and sex, except that -
10. In this Schedule "birds" means poultry and domestic birds. Article 4(5) ADDITIONAL REQUIREMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF MEANS OF TRANSPORT AND RECEPTACLES FOR DOMESTIC DOGS AND DOMESTIC CATS Ventilation 1. Means of transport and receptacles shall be constructed, maintained, operated and positioned to provide adequate ventilation and air space. Special provision for receptacles 2. Receptacles in which animals are transported shall be constructed and maintained so that they allow for appropriate inspection and care of the animals. Size and height 3. The accommodation available for the carriage of animals shall be such that the animals are provided with adequate space to stand in their natural position. Special provisions for road vehicles 4. Vehicles shall be equipped with a roof which ensures effective protection against the weather. 5. In the case of animals which are normally required to be tied, suitable provision shall be made so that animals may be tied to the interior of the vehicle. ADDITIONAL PROVISIONS FOR THE TRANSPORT OF DOMESTIC DOGS AND DOMESTIC CATS Segregation of species 6. - (1) Animals shall not be carried in the same undivided pen, receptacle, vehicle or rail wagon as animals of other species, except in the case of companion animals if separation would cause either distress.
Duties of attendants 7. The attendant or consignor's agent shall look after the animals, and, if necessary, feed and water them. Special provisions for transport by water 8. Vessels used for the transport of animals shall, before sailing, be provided with sufficient supplies of liquid for drinking (unless they are equipped with a suitable system allowing its production) and appropriate foodstuffs, having regard to the species and number of animals being transported as well as the duration of the voyage. Article 4(6) ADDITIONAL REQUIREMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF MEANS OF TRANSPORT AND RECEPTACLES OF MAMMALS AND BIRDS NOT COVERED BY SCHEDULES 2, 3 AND 4 Ventilation 1. Means of transport and receptacles shall be constructed, maintained, operated and positioned to provide adequate ventilation and air space. Size and height 2. The accommodation available for the carriage of animals shall be such that the animals are provided with adequate space to stand in their natural position. Special provision for receptacles 3. Receptacles in which animals are transported shall be constructed and maintained so that they allow for appropriate inspection and care of the animals. Special provisions for road vehicles 4. Vehicles shall be equipped with a roof which ensures effective protection against the weather. 5. Vehicles shall be equipped, on each floor on which animals (other than marine mammals) are carried (other than in receptacles), with barriers so constructed and maintained as to prevent any animal from falling out of the vehicle when any door used for loading and unloading is not fully closed. 6. - (1) Every ramp which is carried on or forms part of a vehicle shall be constructed, maintained and operated -
7. In the case of the animals which are normally required to be tied, suitable provision shall be made so that animals may be tied to the interior of the vehicle. ADDITIONAL PROVISIONS FOR THE TRANSPORT OF MAMMALS AND BIRDS NOT COVERED BY SCHEDULES 2, 3 AND 4 Loading equipment 8. - (1) Animals shall be loaded and unloaded in accordance with this paragraph.
Movement from floor to floor 9. - (1) Animals shall be moved from one floor or deck of a vehicle, vessel or receptacle to another in accordance with this paragraph.
Segregation of species 10. No animal shall be placed in the same undivided pen, receptacle, vehicle or rail wagon as any other animal unless it is known that they are compatible with each other. Duties of attendants 11. The attendant or consignor's agent shall look after the animals and, if necessary, feed and water them. Notice describing animal 12. Where the means of transport or receptacle contains animals which are wild, timid or dangerous a notice to that effect shall be fixed to it. Special provisions for transport by water 13. Vessels used for the transport of animals shall, before sailing, be provided with sufficient supplies of liquid for drinking (unless they are equipped with a suitable system allowing its production) and appropriate foodstuffs, having regard to the species and number of animals being transported as well as the duration of the voyage. Sedation 14. Sedation shall be given only exceptionally and under the direct supervision of a veterinary surgeon. Written details of such sedation shall accompany the animal to its destination. Conditioning of animals 15. Where appropriate, animals shall be held for a suitable period prior to transport to prepare them for loading, unloading and transport. During that period they shall, if necessary, be moved gradually into their receptacle. Birds in semi-darkness 16. Birds shall be kept in semi-darkness. Stacking of receptacles for marine mammals 17. Receptacles in which marine mammals are transported shall not be stacked. Article 4(7) OTHER VERTEBRATE ANIMALS AND COLD-BLOODED ANIMALS Other vertebrate animals and cold-blooded animals shall be transported in such receptacles or means of transport, under such conditions (in particular with regard to space, ventilation, temperature and security) and with such supply of liquid and oxygen as are appropriate for the species concerned. Articles 8, 13 and 14 WATERING AND FEEDING INTERVALS, JOURNEY TIMES AND RESTING PERIODS FOR CATTLE, SHEEP, PIGS, GOATS AND FOR HORSES (EXCEPT REGISTERED HORSES) 1. Subject to the provisions of this Schedule, journey times shall not exceed 8 hours. 2. The maximum journey time in paragraph 1 may be extended where the transporting vehicle meets the following additional requirements:
3. The watering and feeding intervals, journey times and rest periods which shall apply when a road vehicle meets the requirements in paragraph 2 are as follows -
4. At the end of the journey time laid down, animals must be unloaded, fed and watered and be rested for at least 24 hours. 5. Animals must not be transported by train if the maximum journey time exceeds 8 hours. However, the journey times laid down in paragraph 3 shall apply where the conditions laid down in paragraphs 2 and 3, except for rest periods, are met. 6. - (1) Animals must not be transported by sea if the maximum journey time exceeds that laid down in paragraph 1, unless the conditions laid down in paragraphs 2 and 3, apart from journey times and rest periods, are met.
7. In the interests of the animals, the journey times in paragraphs 3 and 6(2) may be extended by 2 hours, taking account in particular of proximity to the place of destination. ADDITIONAL PROVISIONS RELATING TO THE TRANSPORT OF ANIMALS THROUGH A MARKET WHERE DOCUMENTATION IS UNAVAILABLE FOR THE WHOLE PERIOD OF THE JOURNEY 8. The provisions in this Part shall apply where a journey involves passing through a market, and the documentation is unavailable to a person transporting animals from that market to establish the time the animals left the point where the journey to that market began. 9. If a person transports from a market animals which he did not take to that market, the documents required under article 14 shall show the market as the beginning of the journey for the purposes of recording the place, date and time of loading. 10. If a journey to market was not more than 4 hours, no person shall transport animals from that market for more than 4 hours except in accordance with the following provisions of this Part. 11. The animals to be transported shall have been at market for a period of at least one hour sufficient in particular for them to be given liquid and, if necessary, fed. 12. The journey from the market shall be in a vehicle complying with paragraph 2 of Part I of this Schedule. 13. Unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets may be transported for 9 hours from a market if the journey to market was not more than 4 hours (or 9 hours if it was in a vehicle complying with paragraph 2 of Part I of this Schedule). 14. Pigs or horses may be transported for 8 hours from a market if the journey to market was not more than 4 hours (or 8 hours if it was in a vehicle complying with paragraph 2 of Part I of this Schedule). 15. All other cattle, sheep and goats to which this Schedule applies may be transported for 14 hours from a market if the journey to market was not more than 4 hours (or 14 hours if it was in a vehicle complying with paragraph 2 of Part I of this Schedule). 16. It shall be a defence for a transporter transporting animals from a market to show that he took all reasonable steps to establish that the conditions in paragraphs 9 to 15 of this Schedule relating to the transport of animals to the market were satisfied. Article 9 FRAMEWORK OF COMPETENCES 1. Knowledge of which people are responsible for the welfare of animals during transport. 2. Understanding of when to seek veterinary help and knowledge of which body or organisation to contact with general questions, for example, about transport conditions; matters of law or documentation. 3. Knowledge of the powers of enforcement authorities to inspect animals, documentation and vehicles before, during and after the journey. 4. Basic knowledge of the authorisation requirements for transporters and when such authorisation is necessary. 5. Knowledge of how to plan a journey (taking into account such factors as maximum travelling times, required rest periods, and the time taken to load and unload). Ability to anticipate changing conditions and make contingencies for unforeseen circumstances. 6. Understanding of when a route plan or documentation are required and how to complete these documents. 7. Knowledge of vehicle construction and use requirements in current welfare legislation. 8. Ability to load, operate and control a vehicle safely, efficiently and effectively so as to ensure the welfare of the animals. 9. Knowledge of the appropriate methods of handling animals during loading and unloading, including the use of visual fields and flight zones, lighting and the appropriate use of such things as sticks, boards, blindfolds and electric goads. Knowledge of handling methods which are prohibited. 10. Knowledge of the specific requirements of the Order relating to different species for rest, feed and liquid. 11. Knowledge of stocking densities (effects of overcrowding and understocking) and headroom and segregation requirements, taking into account species being transported, method of transport, gender, condition, age, length of journey and ambient conditions. 12. Understanding of the importance for animal welfare of temperature, both inside and outside the vehicle, including the effect on different species and the need for adjustment of ventilation. 13. Ability to clean and disinfect vehicles and knowledge of when it is necessary to do so before and after the journey. 14. Elementary knowledge of the causes of stress in animals; ability to recognise the signs of stress and ill-health, and basic knowledge of how to reduce the symptoms. 15. Ability to care for animals which become unfit or injured during transport, including an understanding of when to seek veterinary advice. Knowledge of the limited circumstances when it is permissible to transport unfit animals for veterinary treatment or slaughter. Article 12 PROVISIONS RELATING TO AUTHORISATIONS Specific and general authorisations 1. - (1) An authorisation may be -
Authorisation holder to be a fit person 2. - (1) A specific authorisation shall be granted on the application of any person if he satisfies the Minister that he is a fit person to transport animals.
Suspension and revocation 3. - (1) The Minister may revoke or suspend a specific authorisation, or remove a transporter from a general authorisation, either temporarily or permanently, in the event of any of the following, involving either the transporter or, if it appears to the Minister to be relevant, any associate, employee or agent of the transporter -
Written representations 4. - (1) If within 28 days of the issue of a specific authorisation the person to whom it is issued requests the Minister to give him notice of the reasons for the inclusion of any provision in it, the Minister shall comply with his request within 28 days of receiving it.
Appointed persons 5. - (1) The Minister shall nominate an appointed person who is specially qualified in the Minister's opinion to consider representations under this Schedule.
Interpretation 6. In this Schedule -
Duty to notify changes 7. - (1) Within 21 working days after -
Article 16 FORM OF UNDERTAKING I declare that, in transporting vertebrate animals from Great Britain to a destination outside the European Union, I shall take all the measures necessary to comply with the requirements of Council Directive 91/628/EEC as amended up to the place of destination. In addition I hereby undertake to ensure that any staff to whom I entrust the transport of live animals are competent to do so, and are acquainted with the provisions specified in Schedule 8 of the Welfare of Animals (Transport) Order 1997. Signed Name in block letters Position in the transport company Date Article 13 INFORMATION TO BE PROVIDED ON THE ROUTE PLAN SECTION 1 - INFORMATION TO BE COMPLETED BEFORE THE JOURNEY 1. Name, full address, business name, telephone number and fax number of the transporter. 2. Number and species of animals to be transported. 3. Health certificate number(s). 4. Number of the transporter's authorisation (if any). 5. Registration number of the vehicles to be used, and the trailers if different. 6. Name of the person(s) in charge of the transport during the journey. 7. Place where the animals are to be first loaded, and full address. 8. Planned date and time of departure. 9. Full itemised itinerary of the journey. 10. Full address of the final destination. 11. Estimated date and time of arrival at the final destination (local time). SECTION 2 - INFORMATION TO BE COMPLETED DURING THE JOURNEY 12. Actual date and time of loading the first animal. 13. Actual time of departure from the place of loading. 14. Full itemised itinerary of the journey. 15. Actual date and time of arrival at the final destination (local time). Article 22 REVOCATIONS AND DISAPPLICATION PART I DISAPPLICATION The provisions of the Export of Animals (Protection) Order 1981[11] shall not apply to the export of animals to another member State of the European Union. PART II ORDERS REVOKED IN FULL The following orders are hereby revoked in full: (a) The Transit of Animals (Amendment) Order, 1927 (S.R. & O. 1927/399) (b) The Animals (Sea Transport) Order, 1930 (S.R. & O. 1930/923) (c) The Animals (Sea Transport) (Amendment) Order, 1932 (S.I. 1932/4984) (d) The Transit of Animals (Amendment) Order, 1939 (S.I. 1939/5842) (e) The Horses (Sea Transport) (Amendment) Order, 1958 (S.I. 1958/1272) (f) The Transit of Animals (General) Order, 1973 (S.I. 1973/1377) (g) The Transit of Animals (Road and Rail) (Amendment) Order, 1979 (S.I. 1979/1013) (h) The Transit of Animals (Amendment) Order, 1988 (S.I. 1988/815) (i) The Welfare of Poultry (Transport) Order, 1988 (S.I. 1988/851) (j) The Welfare of Poultry (Transport) (Amendment) Order, 1989 (S.I. 1989/52) (k) The Welfare of Animals during Transport Order, 1994 (S.I. 1994/3249) (l) The Welfare of Animals during Transport (Amendment) Order, 1995 (S.I. 1995/131) PART III ORDERS REVOKED IN PART The following Orders are hereby revoked in part: Title of Order Reference Extent of Revocation
EXPLANATORY NOTE (This Note is not part of the Order) This Order revokes and re-enacts with modifications the Welfare of Animals during Transport Order, 1994, as amended, and other animal welfare legislation, which together with that Order implemented Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p.17). This Order implements that Directive as amended by Council Directive 95/29/EEC (OJ No. L18, 30.6.95, p.52). The extent of its application is set out (article 2). The Order makes general provision for the welfare of animals in transport. It includes provisions as to the means of transport or receptacles used (article 4), the amount of space available to each animal (article 5) and the fitness of animals to travel (article 6). It requires animals that fall ill or are injured in the course of transport to be treated (article 7). The Order contains requirements on the feeding and watering of animals before and during a journey and on journey times and rest periods (article 8). It requires persons who transport animals in the course of business to ensure that animals are accompanied by a person possessing appropriate knowledge and the ability to safeguard their welfare (article 9). Further duties on transporters are set out (article 10). The Order requires compliance with the guidelines issued under the Convention on International Trade in Endangered Species ("CITES") and the standards set by the International Air Transport Association ("IATA") (article 11). The Order makes provision for the authorisation of transporters to transport vertebrate animals on journeys over 50 kilometres (article 12). It requires route plans for certain journeys and other documentation where no route plan is required (articles 13 and 14). The Order excepts certain journeys from certain of its provisions (article 15). It contains requirements relating to the transport of animals to and from third countries (article 16). The Order is enforced by local authorities (article 17). Inspectors are given powers to require compliance with the Order, including the power to stop a journey. Ministry inspectors may take into account a previous failure to comply with the Order, including a failure to submit a route plan, in exercising these powers (article 18). Owners or charterers of vessels used to transport animals are required to produce information on demand to an officer of the Minister of Agriculture, Fisheries and Food, which may include a plan of the vessel (article 19). A contravention of any provision of the Order constitutes an offence against the Animal Health Act 1981 punishable in accordance with section 75 of the Act (article 21). A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Welfare Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF. Notes: [1] 1981 c.22. See section 86(1) for a definition of "the Minister", "the appropriate Minister" and "the Ministers". back [2] 1990 c.35. back [3] OJ No. L121, 29.7.64 (Special Edition 1963-64, p.164) as last amended by Council Directive 95/25/EC, OJ No. L148, 30.6.95, p.52). back [4] OJ No. L46, 19.2.91, p.19 as last amended by Council Decision OJ No. L1, 1.1.95, p.1). back [5] OJ No. L340, 11.12.91, p.17 as amended by Council Directive 95/29/EC (OJ No. L148, 30.6.95, p.52). back [6] 1986 c.14. back [7] Published by the International Air Transport Association, 2000 Peel Street, Montreal, Quebec, Canada H3A 2R4. back [8] Copies of CITES can be obtained from the Department of the Environment, Tollgate House, Houlton Street, Bristol BS2 2DJ. back [9] S.I. 1975/1074 to which there are amendments not relevant to this Order. back [10] OJ No. L340, 11.12.91, p.17. back [11] S.I. 1981/1051. back ISBN 0 11 063764 X |