The Transport of Animals (Cleansing and Disinfection) (Wales) Order 2001

Explanatory Note

(This note does not form part of the Order)

This Order, which applies to Wales only, revokes and replaces, with changes, the instruments dealing with the cleansing and disinfection of means of transport relating to animals set out in Schedule 3 to the Order. It implements paragraph 8 of Chapter 1 of the Annex to Council Directive 91/628/EEC on the protection of animals during transport (OJ No.L340, 11.12.91, p.17) which was previously implemented by paragraph 26 of Schedule 1 to the Welfare of Animals (Transport) Order 1997 (S.I. 1997/1480). It also implements Article 12.1(a), second indent, of Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (this Directive was consolidated in the Annex to Council Directive 97/12/EC (OJ No. L109, 25.4.97, p.1).

This Order sets out the following requirements:—

(a) after the transport of any hoofed animals, and domestic fowl, turkeys, geese, ducks guinea-fowls, quails, pigeons, pheasants, partridges and ratites, the means of transport and associated equipment must be cleansed and disinfected in accordance with Schedule 1 before it is used again to transport those animals (article 3(2) and (4));

(b) even if the requirement specified in paragraph (a) above has been met,the means of transport must be cleansed and disinfected again before those animals are transported if the means of transport has become soiled so as to cause a risk of transmission of disease (article 3(4));

(c) following a journey, the means of transport must be cleansed and disinfected as soon as reasonably practicable, but in any event within not more than 24 hours (article 3(3)); and

(d) any person transporting animals must remove dead animals, litter and excreta from the means of transport as soon as possible (article 3(5)).

There are exceptions set out in Schedule 2 relating to journeys on a single farming enterprise, transport of certain horses and journeys between the same two points. In these cases, and for all other animals and birds, there is a requirement to ensure that they are loaded on to a means of transport which has been cleansed and, if necessary, disinfected, and that dead animals, litter and excreta are removed from the means of transport as soon as possible. This does not apply to non-commercial journeys or to the transport of pets or single animals (article 4).

Article 5 specifies how the material from the means of transport must be disposed of.

Under article 6, an inspector is empowered, in the circumstances set out in that article, to serve a notice requiring a means of transport to be cleansed and disinfected.

The Order is enforced by the local authority (article 7).

It revokes the provisions set out in Schedule 3.

Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable on conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).

A regulatory appraisal has been prepared in accordance with section 65 of the Government of Wales Act 1998 and the Standing Orders of the National Assembly for Wales. Copies can be obtained from the Agriculture Policy Division, National Assembly for Wales Agriculture Department, Cathays Park, Cardiff, CF10 3NQ.