The Transport of Animals (Cleansing and Disinfection) (Wales) (No 3) (Amendment) Order 2008

Welsh Statutory Instruments

2008 No. 789 (W.83)

ANIMALS, WALES

ANIMAL HEALTH

The Transport of Animals (Cleansing and Disinfection) (Wales) (No 3) (Amendment) Order 2008

Made

19 March 2008

Coming into force

15 April 2008

The Welsh Ministers, in exercise of the powers conferred by sections 7 and 37 of the Animal Health Act 1981 and now vested in them(1), make the following Order:

Title and commencement

1.  The title of this Order is the Transport of Animals (Cleansing and Disinfection) (Wales) (No 3) (Amendment) Order 2008. It applies in relation to Wales and comes into force on 15 April 2008.

Amendment

2.  The Transport of Animals (Cleansing and Disinfection) (Wales) (No 3) Order 2003(2) is amended as follows —

(a) in article 3, after paragraph (1), insert —

“(1A) This article does not apply in the circumstances set out in schedule 1A.”;

(b) in article 3, omit paragraph (6);

(c) insert the following Schedule —

“SCHEDULE 1A CIRCUMSTANCES IN WHICH ARTICLE 3 DOES NOT APPLY

Journeys made within a single farming enterprise

1.   The transport of animals within a single farming enterprise in one ownership.

Journeys between the same two points

2.— (1) The transport of animals —

(a) between the same two points;

(b) over the course of a single day; and

(c) in a means of transport used exclusively for that purpose,

if article 3 is complied with in relation to the first and last journeys of the day.

(2) In this paragraph, the transport of animals takes place over the course of a single day even if —

(a) the last journey is begun but not completed on the day in question; and

(b) in the case of a hoofed animal which has been participating in an event taking place during, or continuing into, the evening of the day in question, the last journey begins as soon as practicable after the end of that event, whether or not it begins before midnight.

(3) This paragraph does not apply to journeys between two sets of sale premises.

Journeys to and from livestock shows

3.   The transport of animals from their premises of origin to a livestock show and back, in circumstances other than those set out in paragraph 2, if —

(a) the means of transport used to transport those animals goes directly from the premises of origin to the show and does not leave the show before the return journey;

(b) the only animals on the means of transport at the show are the animals it transported to the show;

(c) the means of transport is only used to transport on the return journey animals that were transported in it to the show; and

(d) the means of transport is returned from the show directly to the premises of origin.

Temporary unloading

4.   Where animals have been unloaded from a means of transport solely to be fed or watered, or for some other temporary purpose, and then reloaded.”.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

19 March 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the Transport of Animals (Cleansing and Disinfection) (Wales) (No 3) Order 2003 (SI 2003/1968) (W.213) so that —

(a) the cleansing and disinfection requirements of article 3 of that Order do not apply to certain journeys made within a single farming enterprise, between the same two points and to and from livestock shows; and

(b) the obligation in article 3(6) of that Order to remove from the means of transport any animal that dies during transportation, and any soiled litter and excreta, is removed.

A regulatory impact assessment has not been produced for this instrument.

(1)

1981 c. 22. Functions of the Minister and Secretary of State transferred to the National Assembly for Wales by S.I. 1999/672 and S.I. 2004/3044. Functions of the National Assembly for Wales transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(2)

S.I. 2003/1968 (W.213).