The Transport of Animals (Cleansing and Disinfection) (Wales) (No.2) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Transport of Animals (Cleansing and Disinfection) (Wales) Order 2003 ('the 2003 Order') (S.I. 2003/482 (W.68)). This Order, which applies in relation to Wales, implements paragraph 8 of Chapter I 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).

The principal changes from the 2003 Order contained in this Order are —

• the simplification of the requirements contained in paragraph 3 of Schedule 1 for the cleansing and disinfection of means of transport used exclusively in the course of a single day for the transport of animals between the same two points; and

• the amendment of paragraphs 3 and 4 of Schedule 1 to provide that the exemptions contained in either of those paragraphs from the cleansing and disinfection requirements of article 3 may apply to a means of transport used to transport animals to and from a livestock show, depending on the circumstances.

This Order specifies that, after the transport of any hoofed animals, and domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites, the means of transport and equipment carried with it must be cleansed and disinfected in accordance with Schedule 2 as soon as practicable, but in any event within not more than 24 hours (article 3(3)). Before a journey transporting any of these animals, it requires a means of transport to have been cleansed and disinfected since it was last used to transport any of these animals (article 3(4)). It also specifies that, even if this has been done, if the means of transport becomes soiled so as to cause a risk of transmission of disease since last being cleansed and disinfected, the soiled parts must be cleansed and disinfected again before such animals are transported (article 3(5)). It requires any person transporting such animals to remove dead animals, litter and excreta from the means of transport as soon as practicable (article 3(6)).

Article 4 applies to all other animals and birds (but not to non-commercial journeys or to the transport of single animals or pets) and to the circumstances set out in Schedule 1 (where article 3 would otherwise apply). These circumstances relate to journeys on a single enterprise, transport of certain horses, journeys between the same two points and means of transport at a livestock show. Article 4 requires that the animals to which it applies 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 practicable.

Article 6 specifies how the material removed from the means of transport must be disposed of.

Under article 7, 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 or the Secretary of State (article 8).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act.

A regulatory appraisal has not been prepared for this Order.