The Transit of Animals (Amendment) Order 1988

Amendment of the Transit of Animals (Road and Rail) Order 1975

3.  The Transit of Animals (Road and Rail) Order 1975(1) shall be amended as follows:—

(a) in article 4 (protection of animals during loading and unloading) after paragraph (7) there shall be inserted the following paragraph—

“(7A) Any receptacle containing animals shall be kept in an upright position while being loaded into or unloaded out of a vehicle.”;

(b) in article 6 (protection of animals during carriage)—

(i) after paragraph (1) there shall be inserted the following paragraph—

“(1A) It shall be the duty of the carrier or other person in charge of an animal being carried in a vehicle or receptacle to ensure that it is carried to its destination as soon as possible and that delays are minimised.”,

(ii) for paragraph (2) there shall be substituted the following paragraph—

“(2) Subject to paragraph (3) below, an animal shall only be carried in a vehicle or receptacle in such a way as will ensure that it is—

(a) protected from the weather;

(b) not subjected to severe jolts or shaking;

(c) provided with an adequate supply of fresh air during its confinement in the vehicle or receptacle;

(d) prevented from escaping from or falling out of the vehicle or receptacle; and

(e) not caused injury or unnecessary suffering by reason of any cause whatsoever.”,

(iii) after paragraph (2) there shall be inserted the following paragraph—

“(2A) An animal shall not be carried in a compartment of a vehicle, or receptacle, in which any goods which are likely to prejudice its welfare have been loaded.”;

(iv) in paragraph (3) after the words “Where sheep are carried” there shall be inserted the words “,otherwise than in the course of international transport,”, and

(v) after paragraph (11) there shall be inserted the following paragraph—

“(12) In paragraph (3) above “international transport” means any movement of sheep which involves, or is intended to involve, the crossing of a frontier.”;

(c) in article 8 (requirements with regard to the accommodation of animals during carriage) for paragraph (7) there shall be substituted the following paragraph—

“(7) Where a receptacle is being used for the carriage of animals it shall not be placed on top of another receptacle when being transported on a vehicle, and any such receptacle shall—

(a) be secured when being transported so as to—

(i) prevent its displacement by the motion of the vehicle, or by the action of the weather,

(ii) provide adequate ventilation for the animals being carried in it,

(iii) provide unimpeded access to such animals, and

(iv) ensure that it remains in an upright position;

(b) have securely attached to it—

(i) a label or other form of notice indicating that the receptacle contains live animals and stating the species of those animals, and

(ii) a sign indicating the upright position of the receptacle; and

(c) be—

(i) soundly constructed,

(ii) escape-proof,

(iii) safe for the animals carried in it, and

(iv) easy to clean.”; and

(d) after article 9 there shall be inserted the following article—

“9A. It shall be the duty of the carrier or other person in charge of animals being carried by road or rail to ensure that—

(a) any ropes or other attachments used for the tethering of animals during their carriage—

(i) will not break under normal conditions, and

(ii) are long enough to allow the animals, if necessary, to lie down and to eat and drink; and

(b) cattle are not tethered by the horns.”

(1)

S.I. 1975/1024, to which there is an amendment not relevant to this Order.