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

Articles 4(3) and 15(1)

SCHEDULE 2

Part I Additional requirements for the construction and maintenance of means of transport and receptacles for cattle, sheep, pigs, goats and horses

Size and height

1.—(1) The accommodation available for the carriage of animals shall be such that all animals are provided with adequate space to stand in their natural position.

(2) It shall be sufficient compliance with sub-paragraph (1) if in a vehicle, or a receptacle being transported on a vehicle, the length of the space for the carriage of animals exceeds—

(a) 2.5m where the animals being carried are calves;

(b) 3.1m where the animals being carried are sheep, swine or goats; or

(c) 3.7m where the animals being carried are horses or cattle (other than calves),

there are fitted in that vehicle or receptacle such partitions specified in sub-paragraph (3) as are necessary to form for those animals a pen or pens not exceeding in length 2.5m, 3.1m or 3.7m respectively.

(3) Where a partition in a vehicle or receptacle is used to separate animals being carried therein in accordance with sub-paragraph (2), it shall, when fitted in position, be of a height of not less than—

(a) 1.27m in the case of cattle (other than calves) and horses; and

(b) 76cm in any other case.

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 animals.

(2) Without prejudice to the generality of paragraph (1), receptacles carrying animals in an aircraft—

(a) in the lower deck compartment, shall be constructed, maintained and positioned so that all the animals may be inspected and, if necessary, cared for when the aircraft is on the ground; and

(b) in the main deck compartment, shall be constructed, maintained and positioned so as to provide access to every animal throughout the journey.

Special provisions for 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 and which is used for the purpose of loading animals into or unloading animals out of that vehicle shall be fitted with suitable foot battens or some other means of affording a proper foothold to an animal which is using it and shall be constructed. maintained and operated—

(a) to prevent slipping;

(b) so that it is not too steep for the age and species of the animal being transported;

(c) so that any step at the top or bottom of the ramp is not too high for the age and species of the animal being transported; and

(d) so that any gap between the top of the ramp and the vehicle at the bottom of the ramp is not too wide for the age and species of the animal being transported.

(2) It shall be sufficient compliance with sub-paragraph (1)—

(a) where animals other than pigs are using the ramp if—

(i) the gradient thereof is not steeper than a ratio of 4 in 7 when the vehicle is on level ground;

(ii) any step at the top of the ramp does not exceed 21cm in height; and

(iii) any gap between the top of the ramp and the vehicle or at the bottom of the ramp does not exceed 6cm in width; and

(b) where pigs are using the ramp if—

(i) the gradient thereof is not steeper than a ration of 1 in 2 when the vehicle is on level ground;

(ii) any step at the top of the ramp does not exceed 13cm in height; and

(iii) any gap between the top of the ramp and the vehicle or at the bottom of the ramp does not exceed 3cm in width.

(3) In this paragraph, a ramp shall be considered too steep, a step shall be considered too high and a gap shall be considered too wide, if animals using the ramp, step or gap are likely to be caused injury or unnecessary suffering by reason of the slope of the ramp, the height of the step or the width of the gap.

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 Northern Ireland, receptacles or pens used on an exposed deck shall be approved by the Department before the animals are loaded.

(2) The Department shall not approve such receptacles or pens unless it is satisfied that, having regard to the weather and sea conditions likely to be encountered during the voyage, the receptacle or pen provides adequate protection against the sea and weather.

Part II Additional requirements 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.

(2) Save as provided in sub-paragraphs (6) and (7), animals shall be loaded and unloaded using suitable ramps or mechanical lifting gear—

(a) which shall be free from any sharp edges and projections with which any animal may come into contact; and

(b) which are operated so as to prevent injury or unnecessary suffering to any animal.

(3) The flooring of any loading equipment shall be constructed so as to prevent slipping.

(4) Subject to sub-paragraph (6), ramps and loading platforms shall be provided on each side with protection which is—

(a) of sufficient strength, length and height to prevent any animal using the loading equipment from falling or escaping;

(b) fitted in position so as to ensure that any gap between the bottom of the side protection and the surface of the ramp will not permit damage or injury to the limbs of any animal; and

(c) secured in position so that it will not result in injury or unnecessary suffering to any animal.

(5) It shall be sufficient compliance with sub-paragraph (4)(a) if the protection mentioned in that sub-paragraph extends to a height of not less than 1.3m above the ramp.

(6) Sub-paragraph (4) shall not apply to ramps used on a vehicle for loading horses if—

(a) the vehicle has been specifically constructed for the carriage of horses; and

(b) loading and unloading is only effected by leading each horse into or out of the vehicle.

(7) An animal may be loaded or unloaded by means of manual lifting or carrying if the animal is of a size that it can easily be lifted by not more than two persons and the loading is carried out without causing injury or unnecessary suffering to the animal.

(8) An animal may be loaded or unloaded without equipment or by manual lifting or carrying provided that, having regard to the age, height and species of the animal, it is unlikely to be caused injury or unnecessary suffering by being loaded or unloaded in this manner.

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.

(2) Save as provided in sub-paragraph (4), suitable ramps or mechanical lifting gear shall be used and operated so as to prevent injury or unnecessary suffering to any animal.

(3) Where a ramp or mechanical lifting gear is used it shall be—

(a) provided on each side with protection which is of sufficient strength, length and height to prevent any animal using it from falling or escaping;

(b) provided with suitable foot battens or some other means of affording a proper foothold to an animal which is using it;

(c) positioned so that it will not result in injury or unnecessary suffering to any animal;

(d) of a gradient which is suitable to the age and species of the animals concerned.

(4) It shall be sufficient compliance with sub-paragraph (3)—

(a) where pigs are using the ramp if—

(i) the gradient thereof is not steeper than a ratio of 1 in 2 when the vehicle is on level ground;

(ii) any step at the top or bottom of the ramp does not exceed 13cm in height; and

(iii) any gap between the top of the ramp and the floor to which it gives access does not exceed 3cm in width; and

(b) where animals other than pigs are using the ramp, if the gradient thereof is not steeper than a ratio of 2 in 3 when the vehicle is on level ground.

(5) Manual lifting or carrying may be used if the animal is of a size that can easily be lifted by no more than two persons and the movement is carried out without causing injury or unnecessary suffering to the animal.

Tying

12.  When animals are tied, the ropes or other attachments used shall be—

(a) strong enough not to break during normal transport conditions;

(b) arranged in such a way as to eliminate any danger of strangulation or injury; and

(c) long enough to allow the animals, if necessary, to lie down and to eat and drink.

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), (4) and (9), the following animals shall not be carried in an undivided vehicle, rail wagon, pen or receptacle with other animals—

(a) a cow accompanied by a calf or calves it is suckling;

(b) a sow accompanied by unweaned piglets;

(c) a mare with a foal at foot;

(d) a bull over 10 months of age;

(e) a breeding boar over 6 months of age;

(f) a stallion;

(g) a jackass;

(h) a ram over 6 months of age.

(2) Bulls may be carried with other bulls, boars with other boars and stallions with other stallions if they have been raised in compatible groups or are accustomed to one another.

(3) Save as provided in sub-paragraph (4), animals shall be segregated according to species.

(4) Animals of any species may be carried in the same undivided vehicle, rail wagon, pen or receptacle as their companion animals if separation would cause either of the animals distress.

(5) An unsecured animal shall not be carried in the same undivided vehicle, rail wagon, pen or receptacle as any animal which is secured other than—

(a) unweaned young transported with their dam or other animal which they are suckling; or

(b) a horse registered under the Orders of the British Horseracing Board and the Rules of Racing of the Jockey Club(1) accompanied by an animal which is its companion.

(6) An animal shall not be carried with another animal if, having regard to the differences in age and size between those animals, injury or unnecessary suffering is likely to be caused to one or both of the animals.

(7) Measures shall be taken to avoid injury or unnecessary suffering to any animal as a result of the carriage in the same vehicle, rail wagon, pen or receptacle of animals which are hostile to each other or are fractious.

(8) Measures shall be taken to avoid any animal being caused injury or unnecessary suffering by an animal which becomes fractious during the journey.

(9) Uncastrated male adult animals shall be segregated from female animals unless they have been raised in compatible groups or are accustomed to one another.

(10) Horned cattle shall be segregated from unhorned cattle unless they are all secured.

(11) Broken horses shall be segregated from unbroken horses.

(12) Segregation of animals in rail wagons may be effected either by means of suitable partitions or, if space permits, by tying them in separate parts of the rail wagon.

Restrictions on lifting, dragging and use of force on animals

15.—(1) Without prejudice to the provisions of Article 6(7), a person shall not suspend an animal by mechanical means, nor lift or drag an animal by the head, horns, ears, legs, tail or fleece or by any other part of its body in such a way as to cause it unnecessary pain or suffering.

(2) Subject to sub-paragraph (3), a person shall not use, or cause or permit to be used—

(a) any instrument which is capable of inflicting an electric shock to control any animal;

(b) any stick, goad or other instrument or thing to hit or prod any calves; or

(c) any stick (other than a flat slap stick or a slap marker), non-electric goad or other instrument or thing to hit or prod any pigs.

(3) The prohibition in sub-paragraph (2)(a) shall not apply to the use of an instrument of a kind mentioned in that sub-paragraph, on cattle other than calves and on pigs over the age of six months which are refusing to move forward, provided that—

(a) the shocks last no more than two seconds each;

(b) the animal has room ahead of it in which to move; and

(c) the shocks are applied only to the muscles of the hindquarters,

but the use of any such instrument shall be avoided as far as possible.

(4) A person shall not strike, or apply pressure to, the nose or genitals of any animal or crush, twist or break the tail of any animal or grasp the eyes of any animal.

(5) A person shall not inflict a kick on any animal.

(6) Nothing in this provision shall prevent the suspension by mechanical means of a receptacle in which an animal is being carried.

Duties of attendants

16.—(1) The attendant or consignor’s agent shall look after the animals and, if necessary, feed, water and milk them.

(2) Animals in milk shall be milked at appropriate intervals and, in the case of cows in milk, that interval shall be about 12 hours but shall not exceed 15 hours.

Special provisions for horses

17.  When transported in groups, horses shall—

(a) wear halters unless they are unbroken animals; and

(b) have their hind feet unshod.

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 drinking water, (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.

24.  Sheep which have recently been shorn shall not be transported on an open or exposed deck of a vessel.

(1)

The Orders of the British Horseracing Board and the Rules of Racing of the Jockey Club are available from Weatherbys Group Ltd, Sanders Road, Wellingborough, Northamptonshire, NN8 4BX