(This note is not part of the Regulations)
These Regulations, which apply in Scotland only, revoke the Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (O.J. No. L 340, 11.12.91, p.17), and make provision for the administration and enforcement of Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97 (O.J. No. L 3, 5.1.2005, p.1.). They also makes provision in Scotland for the administration and enforcement of Council Regulation 1255/97 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC) (O.J. No. L 174, 2.7.97, p.1.).
Part 2 of the Regulations enforce the requirements of Council Regulation (EC) No. 1/2005 in relation to transport (regulation 3), transporters (regulation 4), roll-on-roll-off vessels (regulation 5) organisers (regulation 6), keepers (regulation 7) and assembly centres (regulation 8). It also enforces the requirements of Council Regulation (EC) No. 1255/97 in relation to control posts (regulation 9). Regulation 10(1) makes it an offence to operate a control post without prior approval.
Part 3 provides derogations relating to means of transport by road used in respect of journeys not exceeding 12 hours in order to reach the final destination (regulations 11 to 18).
Part 4 provides for the amendment, suspension or revocation of approvals, authorisations or certificates and for representations against a notice to amend, suspend or revoke them (regulations 19 to 22).
Inspectors are given powers to require compliance with the Regulations, including the power to stop a journey (regulations 23 and 24).
Owners or charterers of vessels used to transport animals are required to produce information on demand to an officer of the Scottish Ministers, which may include a plan of the vessel (regulation 25).
The Regulations are enforced by the Local Authority (regulation 28).
Breach of the Regulations is an offence under the Animal Health Act 1981, punishable in accordance with regulation 28.
A regulatory impact assessment has been prepared in respect of these Regulations and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from The Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.