Welfare of Animals (Transport) Order (Northern Ireland) 1997

Citation and commencement

1.  This Order may be cited as the Welfare of Animals (Transport) Order (Northern Ireland) 1997 and shall come into operation on 1st September 1997.

Interpretation

2.—(1) In this Order—

“the 1981 Order” means the Diseases of Animals (Northern Ireland) Order 1981;

“animal” includes bird;

“attendant” means a person accompanying the animal who has been appointed to take charge of it and may include the driver of a vehicle, the guard of a train and a member of the crew of a vessel or aircraft;

“calves” means cattle under six months old;

“cattle” means all domestic animals of the bovine species;

“commercial” includes trade or business;

“Community” means the European Community;

“Divisional Veterinary Officer” means a Divisional Veterinary Officer of the Department;

“goats” means all domestic animals of the caprine species;

“horse” means a horse, pony, ass, hinny or mule;

“journey” means transport from the place of departure to the place of destination;

“livestock” means horses, cattle, sheep, goats, deer, all other ruminating animals and swine;

“means of transport” means those parts (including detachable parts) of road vehicles, rail wagons, vessels and aircraft used for loading and carrying animals;

“partition” includes the wall of any pen;

“pen” includes box or stall, and when used in connection with a means of transport or receptacle, means any division or subdivision by partition of that part of the means of transport or receptacle which is used for the transport of animals;

“pigs” means all domestic animals of the porcine species;

“place of departure” means, subject to paragraph (2), the place at which the animal is first loaded onto a means of transport, or any place where the animals have been unloaded and accommodated for 24 hours or more, watered, fed and, if necessary, cared for, but excluding any stopping point or transfer point;

“place of destination” means the place at which an animal is finally unloaded from a means of transport, but excluding a stopping point or a transfer point;

“poultry and domestic birds” means—

(a)

domestic fowl;

(b)

domestic breeds of turkeys, guinea fowl, ducks, geese and quails; and

(c)

pheasants and partridges;

“rail wagon” excludes rolling stock in which passengers are being carried;

“ramp” includes the door of a vehicle or rail wagon which is used as a loading ramp and also includes any loading bridge or gangway;

“receptacle” means any crate, box or other rigid container used for the transport of animals which is not self-propelled and does not form a part (whether detachable or not) of a means of transport;

“rest period” means a continuous period in the course of a journey during which animals are not being moved by a means of transport;

“sheep” means all domestic animals of the ovine species;

“stopping point” means a place where animals are rested in the course of a journey;

“transfer point” means a place where transport is interrupted in order to transfer animals from one means of transport to another;

“transport” means any movement of animals, effected by a means of transport, and includes loading and unloading the animals;

“transporter” means any person transporting animals—

(a)

on his own account; or

(b)

for the account of a third party; or

(c)

by providing a third party with a means of transport of animals,

where such transport is of a commercial nature and is carried out for the purpose of gain;

“vehicle” means any vehicle (including a trailer of any description and the detachable body of a vehicle) constructed or adapted for use on a road;

“vessel” includes hovercraft; and

“water” in relation to an animal means the provision of any liquid suitable for that animal in such manner as that animal may require.

(2) Markets and assembly centres approved for the purposes of intra-Area trade under Council Directive 64/432/EEC(1) (on animal health problems affecting intra-Community trade in bovine animals and swine) or Council Directive 91/68/EEC(2) (on animal health conditions governing intra-Community trade in ovine and caprine animals) may also be regarded as places of departure—

(a) where the first place of loading of the animals is 50 kilometres or less from such markets or assembly centres;

(b) where, although the distance referred to in sub-paragraph (a) is over 50 kilometres, the animals have had a rest period of at least 12 hours and have been provided with an adequate quantity of water and an adequate quantity of suitable food before being reloaded.

(3) Any licence or certificate granted or notice served under this Order may be subject to conditions and may be amended, suspended or revoked by a further licence, certificate or notice at any time.

(4) Any reference in this Order to a Community instrument is a reference to that instrument as in force at the commencement of this Order.

Application

3.—(1) This Order (except as provided for in paragraph (3)) shall not apply—

(a) to transport which is not of a commercial nature;

(b) to the transport of an individual animal where each animal is accompanied by a person who has responsibility for it during transport; and

(c) subject to sub-paragraph (a), to the transport of pet animals accompanying their owner.

(2) For the purposes of paragraph (1)(b), “person” shall not include a body corporate.

(3) Articles 4(1) and 10 shall apply to the transport of all animals and Article 6 insofar as it relates to horses, cattle, sheep, goats and pigs shall apply to all transport of such animals.

General provisions on the protection of animals during transport

4.—(1) A person shall not 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), 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 horses, cattle, sheep, goats or pigs shall do so in accordance with Schedule 1 and Schedule 2.

(4) Any person transporting poultry and domestic birds or domestic rabbits shall do so in accordance with Schedule 1 and Schedule 3.

(5) Any person transporting domestic dogs or domestic cats shall do so in accordance with Schedule 1 and Schedule 4.

(6) Any person transporting mammals or birds other than those mentioned in the preceding paragraphs shall do so in accordance with Schedule 1 and Schedule 5.

(7) Any person transporting other vertebrate animals or cold-blooded animals 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), a person shall not transport any animal on a journey of over 50 kilometres 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—

(a) have regard to the limits set out in Chapter VI of Council Directive 91/628/EEC (on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(3)); and

(b) consider the animals' weight, size, physical condition and temperament, the means of transport, the weather and road conditions and the likely journey time.

Fitness of animals to travel

6.—(1) A person shall not transport any animal unless—

(a) it is fit for the journey intended to be effected by a means of transport; and

(b) suitable provision has been made for its care during the journey and on arrival at the place of destination.

(2) Without prejudice to the generality of paragraph (1), for the purposes of this Article an animal shall not be considered fit for a journey intended to be effected by a means of transport (including the intended method of loading and unloading) if that animal is ill, injured, infirm or fatigued, unless it is only slightly ill, injured, infirm or fatigued and the journey intended to be so effected is not likely to cause it unnecessary suffering.

(3) For the purposes of this Article mammals shall not be considered fit for their intended journey if they—

(a) are likely to give birth during transport;

(b) are new-born animals in which the navel has not completely healed; or

(c) have given birth during the preceding 48 hours.

(4) For the purposes of this Article, infant mammals and infant birds (other than horses, cattle, sheep, goats, pigs, poultry and domestic birds, domestic rabbits, domestic dogs and domestic cats) 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 paragraphs (1), (2), (3) and (4), an animal may be transported while undergoing regulated procedures authorised under the Animals (Scientific Procedures) Act 1986(4) provided that it is not likely to be caused injury or unnecessary suffering by the intended journey.

(6) Notwithstanding the provisions of paragraphs (1) and (2), horses, cattle, sheep, goats and pigs 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.

(7) An animal to which paragraph (6) applies shall not be dragged or pushed by any means, or lifted by a mechanical device, unless such dragging, lifting or pushing 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.

(8) A person shall not transport or cause or permit a deer in velvet to be transported unless the journey is of 50 kilometres or less and special precautions are taken to protect it from injury or unnecessary suffering.

Treatment of sick animals

7.—(1) Where an animal falls ill or is injured during transport, the person in charge of that animal shall ensure that it receives first-aid treatment as soon as possible; is given appropriate veterinary treatment and, if necessary, 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 voyage or flight, the master of the vessel or the commander of the aircraft shall, if he considers it necessary and 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.

Feeding and watering, travelling times and rest periods

8.—(1) A person shall not 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 water and food and, if necessary, cared for.

(2) In the case of horses (except registered horses within the meaning of Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae(5)), cattle, sheep, goats and pigs, the transporter shall ensure that they are rested, and offered water 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 water is available, in suitable quantities and at suitable intervals, save in the case of—

(a) a journey lasting less than 12 hours, disregarding loading and unloading times; or

(b) a journey lasting less than 24 hours for chicks of all species, provided that it is completed within 72 hours after hatching.

(4) In the case of domestic dogs and domestic cats, the transporter shall ensure that during a journey they are fed at intervals of not more than 24 hours and given water 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 these 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 equidae, it shall be for the transporter to prove that the animals being transported are registered in accordance with Council Directive 90/426/EEC.

(8) The provisions of this Article and of Schedule 7 shall not apply to animals or poultry which are being transported by air.

Accompaniment of vertebrate animals by competent persons

9.—(1) Any transporter who is transporting vertebrate animals on a journey of over 50 kilometres shall ensure that the animals are accompanied throughout the journey by at least one competent person.

(2) In this Article a competent person is a person who—

(a) has either specific training or equivalent practical experience qualifying him to handle and transport vertebrate animals and to administer, if necessary, appropriate care; and

(b) has sufficient knowledge of and abilities in the matters set out in Schedule 8 to enable him to safeguard the welfare of the animals being transported.

(3) Paragraphs (4) to (6) shall apply only in relation to a journey beginning after 1st September 1998 which involves the transport of cattle, sheep, pigs, goats or horses either in a vehicle for a journey lasting eight hours or more or by another means of transport irrespective of the length of the journey.

(4) 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 Department.

(5) 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 Department, 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 shall be recorded in writing and a copy given to the person who has been assessed.

(6) The transporter shall keep a copy of the record of the assessment carried out under paragraph (5) throughout the time that that person is engaged by him on journeys accompanying animals, and for a period of six months thereafter and shall produce it on demand to an inspector.

(7) 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—

(a) ensure that the animals are transported without delay to their place of destination; and

(b) not leave them at any place unless there is a person there to take charge of them.

(2) In the case of animals which are to be 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.

International standards and guidelines

11.—(1) A person shall not transport an animal by air except in compliance with the standards set by the International Air Transport Association (IATA)(6).

(2) A person shall not transport an animal to which the Convention on International Trade in Endangered Species (CITES)(7) 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.

Licences and registration

12.—(1) A person shall not transport vertebrate animals by sea or by air or by any other means of transport involving a journey over 50 kilometres except under—

(a) in the case of a transporter established in Northern Ireland, a licence granted under this Article by the Department; or

(b) in the case of a transporter established in Great Britain, the Isle of Man or the Channel Islands, a licence to transport animals granted by the appropriate competent authority;

(c) in the case of a transporter established in another member State, an equivalent licence to transport animals granted by the competent authority of the member State of establishment for the purposes of implementing Council Directive 91/628/EEC; or

(d) in the case of a transporter established in a third country, a licence to transport animals granted by the competent authority of a member State of the European Union for the purposes of implementing Council Directive 91/628/EEC.

(2) A licence granted by the Department under this Article—

(a) shall be in writing;

(b) may be general or (after 1st December 1997), specific.

(3) The provisions of Schedule 9 relating to licences shall have effect.

(4) In the case of a transporter established outside the United Kingdom, if the Department is satisfied that serious or repeated infringements have taken place against this Order or against any legislation implementing Council Directive 91/628/EEC in any part of the United Kingdom or in another member State, 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 Department may, by notice in writing served on the transporter, temporarily prohibit the transporter from transporting vertebrate animals in Northern Ireland.

(5) Any person requiring a specific licence under this Order shall register as a transporter with the Department.

(6) The Department shall keep a register of persons who have been granted a specific licence in accordance with paragraph (5).

(7) A person on whom a notice has been served under this Article shall comply with it.

Route plans

13.—(1) This Article shall apply in relation to horses (other than registered horses within the meaning of Council Directive 90/426/EEC), cattle, sheep, goats and pigs, where the animals are transported between member States or exported to third countries, provided that the journey time exceeds eight hours.

(2) If there is more than one transporter involved in 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 and sign a route plan containing the information set out in Schedule 10 which covers the whole period of the journey.

(4) The transporter shall submit the signed route plan to the Divisional Veterinary Officer for the area in which the journey will begin.

(5) If the Divisional Veterinary Officer mentioned in paragraph (4) is satisfied that the proposed journey is in compliance with the provisions of this Order, he shall mark on the route plan the numbers of the export health certificates of the animals, stamp the route plan and return it to the transporter.

(6) A person shall not transport animals on a journey to which this Article applies unless he has received from the Divisional Veterinary Officer mentioned in paragraph (4) 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 in relation to an animal the journey exceeds the appropriate time limits set out in Schedule 7, that transport of the animals is not begun unless—

(a) where necessary, reservations have been made at all stopping points or transfer points specified in the route plan, and he has received written confirmation of the reservations; and

(b) steps have been taken to meet the animals' need for food and water during the journey, including contingency plans for when the route plan is changed or where the journey is interrupted for reasons beyond his control.

(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 times such feeding and watering takes place.

(10) Both the transporter 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 to the Divisional Veterinary Officer in accordance with paragraph (4) shall either—

(a) certify in writing on the route plan that it was complied with during the journey; or

(b) if it was not complied with, shall describe on the route plan the actual journey, together with the reasons for the route plan not being complied with,

and shall send it within 15 days of completion of the journey to the Divisional Veterinary Officer referred to in paragraph (4), and shall keep proof that it was sent and of the date on which it was sent for a period of six months.

(12) The transporter shall keep a copy of the route plan for a period of six months from completion of the journey, and shall produce it at the request of an inspector and allow copies to be taken.

(13) In the case of exports directly to third countries from Northern Ireland, where the journey time within the European Union exceeds eight hours, or where the animals are being exported to third countries by sea and the total travelling time exceeds eight hours, the transporter shall—

(a) ensure that the route plan is certified (by means of stamp and signature) at the point of departure from Northern Ireland, by a veterinary inspector after he has checked that the animals are fit to continue their journey; and

(b) within 15 days of the completion of the journey, send back the route plan to the Divisional Veterinary Officer referred to in paragraph (4).

(14) If a transporter is a limited company, the route plan shall be signed by a director of that company or a person previously 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 that the animals being transported are registered in accordance with Council Directive 90/426/EEC.

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 Part II of Schedule 7 relating to markets) by documentation stating—

(a) the name and address of the transporter;

(b) the name and address of the owner of the animals;

(c) the place that the animals were loaded, and their final destination;

(d) the date and time the first animal was loaded;

(e) the date and time of departure; and

(f) the time and place where the requirements for resting periods laid down in Schedule 7 were met.

(2) The provisions of paragraph (1) shall not apply in relation to the transport of poultry and domestic birds for a distance of 50 kilometres or less where—

(a) the number of poultry and domestic birds so transported is less than 50; or

(b) the entire journey is on land occupied by the owner of the poultry and domestic birds.

(3) In the case of animals other than horses, cattle, sheep, goats, pigs or poultry and domestic birds, the provisions in paragraph (1) shall not apply in relation to journeys of 50 kilometres or less.

(4) The transporter shall keep a copy of the documentation for a period of six months from completion of the journey, and shall produce it at the request of an inspector and allow copies to be taken.

(5) Where a copy of the documentation required to be kept in accordance with paragraph (4) is kept in electronic or magnetic form, references in that paragraph—

(a) to production of the copy are, if the inspector so requires, references to its production in a written form; and

(b) to allowing copies to be taken are references to the taking thereof in a written form.

Exceptions

15.—(1) Subject to Article 4(1), where horses, cattle, sheep, goats or pigs are transported—

(a) for a distance of 50 kilometres or less, to and from or within land used for agricultural purposes;

(b) in a vehicle which has an internal length of not more than 3.7 metres available for the carriage of animals,

then the following provisions shall not apply—

(i) Article 14;

(ii) paragraph 5 of Part I of Schedule 2 (provision of barriers or straps); and

(iii) paragraph 11 of Part II of Schedule 2 (internal ramps and lifting gear).

(2) In this Article “land used for agricultural purposes” shall not include a slaughterhouse, market or saleyard.

Third countries

16.—(1) A person shall not import any animal from outside the European Union into Northern Ireland, either for consignment to a destination in Northern Ireland or transit through Northern Ireland, unless he has given a written undertaking to the Department to comply with the requirements of Council Directive 91/628/EEC and has made arrangements to comply with them.

(2) A person shall not transport vertebrate animals from Northern Ireland 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 11 (which, after it has been made, shall remain valid for all such journeys).

Powers of an inspector

17.—(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 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), an inspector may in particular—

(a) prohibit the transport of the animals, either indefinitely or for a period specified in the notice;

(b) specify conditions under which the animals may be transported;

(c) require the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;

(d) require the animals to be held in suitable accommodation with appropriate care until the problem is resolved; or

(e) require the humane slaughter of the animals.

(3) A person on whom a notice has been served under this Article shall comply with it.

(4) In deciding whether or not to serve a notice under this Article, an inspector may take into account any previous failure to comply with any provision of this Order or of any other Order made under Article 21, 23 or 23A of the 1981 Order and, in particular, any failure to submit a completed and correct route plan at the end of any previous journey.

Production of plans

18.—(1) The owner or charterer of any vessel to be used for the transport of animals shall—

(a) produce to an inspector, on demand, such plans of the vessel (including details of its ventilation and any fittings for livestock); and

(b) subject to paragraph (2), provide such information concerning the vessel,

as the inspector considers necessary to enable him to ascertain whether the provisions of this Order will be complied with during the proposed journey.

(2) A person shall not be obliged, by virtue of paragraph (1), to provide any information which he can not, with the exercise of reasonable diligence, obtain.

Revocations

19.  The Orders specified in Schedule 12 are hereby revoked.

Sealed with the Official Seal of the Department of Agriculture on

L.S.

P. T. Toal

Assistant Secretary

25th July 1997.