The Non-Commercial Movement of Pet Animals Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the administration and enforcement of the following EU instruments in Great Britain—

• Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus (OJ No L 154, 21.6.2003, p112),

• Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (OJ No L 146, 13.6.2003, p1),

• Commission Decision 2006/146/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia (OJ No L 55, 25.2.2006, p44),

• 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 (OJ No L 8, 13.1.2007, p29), and

• 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 (OJ No L 296, 15.11.2011, p6).

This Order revokes and replaces the Non Commercial Movement of Pet Animals (England) Regulations 2004 (S.I. 2004/2363) and the Pet Travel Scheme (Scotland) Order 2003 (S.S.I. 2003/229).

Part 1 is introductory and includes definitions and designates the administrative authorities responsible for various functions under the Order.

Part 2 concerns the preventive health measures that apply to the movement of pet animals to Great Britain to protect against the risk of the introduction of rabies, Echinococcus multilocularis (tapeworm), Hendra disease, Nipah disease and highly pathogenic avian influenza into Great Britain. Article 5(1)(a) operates so as to exempt a pet dog, cat or ferret from the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S.I. 1974/2211) (“the 1974 Order”) provided the pet dog, cat or ferret is brought into Great Britain on a carrier that is approved under article 11 and meets all preventive health measures that are applicable to that animal. Pet rodents and rabbits (as well as certain other species) brought to Great Britain from another member State or other European country listed in Part B of Annex II to Regulation (EC) No 998/2003 are also exempt from the provisions of the 1974 Order, as are pet animals brought to Great Britain from Northern Ireland, the Channel Islands or the Isle of Man (article 5(1)(b) and (c)). A pet bird brought to Great Britain from a third country (subject to certain exceptions) which does not comply with the preventive health measures in Commission Decision 2007/25/EC may be re-exported, detained in quarantine or destroyed (article 10).

Part 3 requires carriers that land pet dogs, cats and ferrets in Great Britain to be approved, subject to certain exceptions, and makes provision regarding the suspension or withdrawal of carrier approvals.

Part 4 contains provisions relating to enforcement. The Order is enforceable by local authorities (article 13). Authorised officers are given powers to require compliance with the Order, including powers of entry and seizure.

Offences listed in article 16(1) are punishable on summary conviction with a fine only. Offences listed in article 16(2) relating to obstruction of authorised officers or falsification of documentation are punishable on summary conviction with a fine or up to three months’ imprisonment. Owners of pet dogs, cats or ferrets that are not brought into Great Britain on an approved carrier (subject to certain exceptions) and in accordance with the preventive health measures applicable to that animal may also be subject to the offences in article 16 or 17 of the 1974 Order.

Part 5 provides a transitional arrangement for pet dogs, cats and ferrets already detained and isolated in quarantine on the coming into force of this Order and deals with amendments to other legislation, principally the 1974 Order. In particular, the 1974 Order has been amended to require all pet dogs, cats and ferrets that are subject to, but do not comply with, Article 5 or 8 of Regulation (EC) No 998/2003 and, where applicable, Commission Delegated Regulation (EU) No 1152/2011 when entering Great Britain to be detained in quarantine and to prohibit their release until they comply with those requirements. The 1974 Order has also been amended to reduce the quarantine period for rabies-susceptible animals (other than animals subject to Article 5 or 8 of Regulation (EC) No 998/2003) from 6 months to 4 months and to give a discretionary power to the appropriate authorities to reduce or waive the 4-month quarantine period if satisfied that the release of an animal from quarantine will present negligible risk of the introduction of rabies into Great Britain.

Article 22 requires the Secretary of State to review the operation and effect of this Order in Great Britain and publish a report within five years of 1st January 2012 and within every five years after that.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the Defra website at www.defra.gov.uk, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.