The Non-Commercial Movement of Pet Animals Order 2011

PART 1 General

Title, extent and commencement

1.—(1) This Order may be cited as the Non-Commercial Movement of Pet Animals Order 2011.

(2) It extends to Great Britain.

(3) It comes into force on 1st January 2012.

Interpretation

2.—(1) In this Order—

“the appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Scotland, the Scottish Ministers,

(c)

in relation to Wales, the Welsh Ministers;

“carrier” means any undertaking carrying goods or passengers for hire by land, sea or air;

“Decision 2003/459/EC” means Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus(1);

“Decision 2006/146/EC” means Commission Decision 2006/146/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia(2);

“Decision 2007/25/EC” means Commission Decision 2007/25/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community;

“health certificate” means a certificate issued in accordance with Article 8(2) of the Pets Regulation;

“local authority” has the meaning given in article 3;

“pet bird” has the same meaning as in Decision 2007/25/EC;

“the Pets Regulation” means Regulation (EC) No 998/2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC;

“the supplementary Regulation” means Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs(3).

(2) Terms and expressions used in this Order and in the Pets Regulation have the same meaning as in the Pets Regulation.

(3) In this Order—

(a) any reference to Decision 2007/25/EC is a reference to that Decision as amended from time to time, and

(b) any reference to Annex I or II to the Pets Regulation is a reference to that Annex to that Regulation as amended from time to time.

Meaning of local authority

3.—(1) In England, “local authority” means—

(a) where there is, within the meaning of the Local Government Changes for England Regulations 1994(4), a unitary authority, that authority,

(b) where there is not a unitary authority—

(i) in a metropolitan district, the council of that district,

(ii) in a non-metropolitan county, the council of that county,

(iii) in a London borough, the council of that borough,

(c) in the City of London, the Common Council, or

(d) in the Isles of Scilly, the Council.

(2) In Scotland, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(5).

(3) In Wales, “local authority” means a county council or a county borough council.

Designation

4.—(1) The appropriate authority—

(a) is the competent authority for the purposes of Article 5(1)(b) of the Pets Regulation, and

(b) acts as the member State for the purposes of Article 1(1) of Decision 2007/25/EC.

(2) The appropriate authority and the local authority are the competent authorities for the purposes of—

(a) Article 12 of the Pets Regulation, and

(b) Article 2(1) of Decision 2007/25/EC.

PART 2 Controls on diseases

Controls on rabies and certain other diseases of mammals

5.—(1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(6) does not apply to the landing of a pet animal in Great Britain which—

(a) is an animal of a species listed in Part A or B of Annex I to the Pets Regulation and is brought into Great Britain on a carrier approved in accordance with article 11 (unless article 11(2) applies) and satisfies—

(i) the requirement in respect of rabies in article 6,

(ii) the requirement in respect of Nipah disease in article 7 (where applicable),

(iii) the requirement in respect of Hendra disease in article 8 (where applicable), and

(iv) the requirement in respect of Echinococcus multilocularis in article 9 (where applicable),

(b) is brought into Great Britain from Northern Ireland, the Channel Islands or the Isle of Man, or

(c) is an animal of a species listed in Part C of Annex I to the Pets Regulation and is brought into Great Britain from another member State or a territory listed in Part B of Annex II to the Pets Regulation.

(2) But the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 does apply to the importation into Great Britain of a pet animal which is—

(a) a prairie dog originating in or coming from the United States of America, or

(b) a rodent of non-domestic species or a squirrel originating in or coming from a third country of the African sub-Saharan region.

Rabies

6.  The requirement in respect of rabies is that the animal complies with Article 5 or 8 of the Pets Regulation (as the case may be).

Nipah disease

7.  The requirement in respect of Nipah disease is that a dog or cat imported from Malaysia (Peninsula) must be accompanied by a certificate which—

(a) is signed by a representative of the Malaysian government veterinary services,

(b) states the number of the microchip implanted in the dog or cat, and

(c) certifies that the conditions in Article 2(2) of Decision 2006/146/EC have been met.

Hendra disease

8.  The requirement in respect of Hendra disease is that a cat imported from Australia must be accompanied by a certificate which—

(a) is signed by a representative of the Australian government veterinary services,

(b) states the number of the microchip implanted in the cat, and

(c) certifies that the condition in Article 3(2) of Decision 2006/146/EC has been met.

Echinococcus multilocularis

9.  The requirement in respect of Echinococcus multilocularis is that a dog complies with the preventive health measures in Article 7 of the supplementary Regulation, except where those measures do not apply by virtue of Article 2(2) of that Regulation.

Highly pathogenic avian influenza

10.—(1) The Importation of Birds, Poultry and Hatching Eggs Order 1979(7) does not apply to the landing of a pet bird to which Decision 2007/25/EC applies.

(2) Paragraphs (3) to (5) apply where a pet bird is part of a movement into Great Britain which does not comply with Decision 2007/25/EC.

(3) An officer of the competent authority may serve a written notice on the person accompanying the bird, requiring that person to—

(a) return the bird to its country of origin,

(b) place the bird in quarantine for such period, at such place and subject to such conditions as may be specified in the notice, or

(c) where the return or quarantine of the bird is not possible, cause the bird to be destroyed by a date specified in the notice.

(4) A person on whom a notice is served must comply with it at that person’s own expense.

(5) Where a notice is not complied with, an officer of the competent authority may seize the bird, detain it and arrange for it to be treated as required by the notice at the expense of the person on whom notice is served.

PART 3 Carriers

Approval of carriers

11.—(1) A carrier who moves a pet animal which is subject to Article 5 or 8 of the Pets Regulation into Great Britain must be approved for the purpose by the appropriate authority.

(2) But approval is not required where—

(a) the movement is from the Republic of Ireland, or

(b) the carrier is a Community air carrier and the movement is of a recognised assistance dog.

(3) Approval may be granted subject to such terms and conditions as the authority considers necessary or expedient to ensure that pet animals are checked by or on behalf of the carrier for compliance with the Pets Regulation and (if applicable) the supplementary Regulation and Decision 2006/146/EC.

(4) Approvals in force immediately before 1st January 2012 under article 7 of the Pet Travel Scheme (Scotland) Order 2003(8) and article 8 of the Non Commercial Movement of Pet Animals (England) Regulations 2004(9) continue in force as approvals under this Order.

(5) The appropriate authority may amend an approval by giving notice in writing to the carrier.

(6) In this article, “Community air carrier” and “recognised assistance dog” have the same meanings as in Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air(10).

Suspension or withdrawal of approvals

12.—(1) Where the appropriate authority is satisfied that a carrier has failed to comply with its approval, the appropriate authority may suspend or withdraw the approval by giving notice in writing to the carrier.

(2) A suspension or withdrawal under paragraph (1) has effect at the end of the period of 21 days beginning with the date of service of the notice.

(3) But if it is necessary for the protection of public or animal health the appropriate authority may specify in the notice that the suspension or withdrawal has immediate effect.

(4) The notice must—

(a) give reasons,

(b) state when it comes into effect and, in the case of suspension, state on what date or event it is to cease to have effect, and

(c) explain the right of the carrier to make written representations in accordance with paragraph (6), and details of the person to whom such representations may be made.

(5) Where the notice does not have immediate effect and representations are made under paragraph (6), a suspension or withdrawal must not have effect until the final determination of the appropriate authority in accordance with paragraph (9), unless the appropriate authority decides that it is necessary for the protection of public or animal health for the suspension or withdrawal to have immediate effect and gives notice to that effect.

(6) A carrier may make written representations against a suspension or withdrawal of its approval to a person appointed for the purpose by the appropriate authority.

(7) Written representations must be made within the period of 21 days beginning with the date on which notice is served on the carrier to suspend or withdraw its approval.

(8) The appointed person must consider the representations and report in writing to the appropriate authority.

(9) The appropriate authority must give to the carrier written notification of its final determination and the reasons for it.

PART 4 Enforcement

Enforcement authority

13.—(1) The local authority enforces the Pets Regulation, Decision 2003/459/EC, Decision 2006/146/EC, Decision 2007/25/EC, the supplementary Regulation and this Order (in this Part, “the relevant instruments”).

(2) In relation to cases of a particular description or to a particular case, the appropriate authority may direct that the relevant instruments be enforced by it instead.

Appointment of authorised officers

14.—(1) The local authority or the appropriate authority may authorise officers for the purpose of enforcing the relevant instruments.

(2) The following are authorised officers for the purpose of enforcing the relevant instruments—

(a) a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981(11),

(b) a person appointed for the purposes of the Non Commercial Movement of Pet Animals (England) Regulations 2004(12) or the Pet Travel Scheme (Scotland) Order 2003(13).

Powers of authorised officers

15.—(1) An authorised officer may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of enforcing the relevant instruments, and in this article “premises” includes any place, trailer, container, vessel, boat, aircraft or vehicle of any other description.

(2) An authorised officer may be accompanied by such other persons as the authorised officer considers necessary, including any representative of the European Commission.

(3) Admission to premises used wholly or mainly as a private dwelling house may not be demanded as of right unless the entry is in accordance with a warrant granted under paragraph (4).

(4) A justice of the peace in England and Wales, or a sheriff, stipendiary magistrate or justice of the peace in Scotland may by signed warrant permit an authorised officer to enter premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if satisfied, on sworn information in writing (in England and Wales) or by evidence on oath (in Scotland)—

(a) that there are reasonable grounds to enter those premises for the purpose of enforcing the relevant instruments, and

(b) that any of the conditions in paragraph (5) are met.

(5) The conditions are—

(a) entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier,

(b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry,

(c) entry is required urgently, or

(d) the premises are unoccupied or the occupier is temporarily absent.

(6) A warrant is valid for three months.

(7) An authorised officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

(8) An authorised officer who has entered premises for the purposes of enforcing the relevant instruments may for those purposes—

(a) carry out any examination, investigation or test,

(b) inspect and search the premises,

(c) require the production of any document or record (including a passport or health certificate) and inspect and take a copy of or extract from such document or record,

(d) require any person to provide such assistance, information or facilities as is reasonable,

(e) seize and detain a pet animal or pet bird.

Offences

16.—(1) Failure to comply with either of the following is an offence—

(a) a notice served under article 10(3),

(b) article 11(1), except where article 11(2) applies.

(2) It is an offence—

(a) intentionally to obstruct any person acting in the execution of the relevant instruments,

(b) without reasonable cause, to fail to give to any such person any assistance or information that that person may reasonably require,

(c) to furnish to any such person any information knowing it to be false or misleading (including information contained in a passport or health certificate), or

(d) to fail to produce a document or record (including a passport or health certificate) to any such person when required to do so.

Penalties

17.—(1) A person guilty of an offence under article 16(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under article 16(2) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale.

Offences by bodies corporate, partnerships and unincorporated associations

18.—(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) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence.

(2) In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where a partnership or Scottish partnership 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 partner, the partner, as well as the partnership or Scottish partnership, is guilty of the offence.

(4) In paragraph (3) “partner” includes a person purporting to act as a partner.

(5) Where an unincorporated association 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 an officer of the association, that officer, as well as the association, is guilty of the offence.

(6) In paragraph (5) “officer”, in relation to an unincorporated association, means—

(a) an officer of the association or a member of its governing body, or

(b) a person purporting to act in such a capacity.

PART 5 Transitional provision, amendments, revocations and review

Transitional provision

19.—(1) Where a pet animal is detained and isolated in quarantine in Great Britain immediately before 1st January 2012 under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, the period of quarantine required by that Order ends on the earliest of the dates specified in paragraph (2).

(2) The dates are—

(a) in the case of an animal which, immediately before 1st January 2012, was subject to Article 6 or 8(1)(a)(ii) of the Pets Regulation, the date it satisfies the requirements of Article 5 of that Regulation,

(b) in the case of an animal which, immediately before 1st January 2012, was subject to Article 8(1)(b)(ii) of the Pets Regulation, the date it satisfies the requirements of Article 8(1)(b)(i) of that Regulation, or

(c) the expiry of the period of six months beginning with the date on which the animal was originally detained.

Amendments

20.  The Schedule (amendments) has effect.

Revocations

21.  The following instruments are revoked—

(a) the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994(14),

(b) the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) (Wales) Order 2002(15),

(c) the Pet Travel Scheme (Scotland) Order 2003(16),

(d) the Non Commercial Movement of Pet Animals (England) Regulations 2004(17),

(e) the Rabies (Importation of Dogs, Cats and Other Mammals) (England) (Amendment) Order 2004(18), and

(f) the Rabies (Importation of Dogs, Cats and Other Mammals) Amendment (Scotland) Order 2011(19).

Review

22.—(1) The Secretary of State must from time to time—

(a) carry out a review of this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Pets Regulation, the supplementary Regulation, Decision 2003/459/EC, Decision 2006/146/EC and Decision 2007/25/EC are enforced in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by this Order,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) The first report under this Order must be published before the end of the period of five years beginning with 1st January 2012.

(5) Reports under this article are afterwards to be published at intervals not exceeding five years.

Taylor of Holbeach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

6th December 2011

John Griffiths

Minister for Environment and Sustainable Development One of the Welsh Ministers

5th December 2011