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

Article 4(3) to (6)

SCHEDULE 1

Part I General requirements for the construction and maintenance of means of transport and receptacles for all mammals and birds

Avoidanc e of injury and suffering

1.  Means of transport, receptacles and their fittings shall be constructed, maintained and operated so as to avoid injury and unnecessary suffering and to ensure the safety of the animals during transport, loading and unloading.

Substantial construction

2.—(1) Every part or fitting of a means of transport or receptacle which may be exposed to the action of the weather or the sea shall be constructed, maintained and operated so as to withstand the action of the weather or the sea.

(2) Every part or fitting of a means of transport or receptacle that animals may be thrown against during transport shall be constructed, maintained and operated so as to withstand the weight of any animal which may be thrown against it.

Size and height

3.  The accommodation available for the carriage of animals shall be such that the animals are, unless it is unnecessary having regard to the species of animal and the nature of the journey and, unless that it would lead to risk of injury or harm, provided with adequate space to lie down.

Floors

4.  Any floor on which animals stand or walk during loading, unloading or transport shall be—

(a) sufficiently strong to bear their weight;

(b) constructed, maintained and operated to prevent slipping; and

(c) free of any protrusions, spaces or perforations which are likely to cause injury to animals.

Weather and sea conditions

5.  Means of transport and receptacles shall be constructed, maintained and operated so as to protect animals against inclement weather, adverse sea conditions and marked fluctuations in air pressure, noxious gases and excessive humidity, heat or cold.

Projections and sharp edges

6.  Means of transport and receptacles shall be free from any sharp edges and projections which are likely to cause injury or unnecessary suffering to any animal being carried.

Cleanliness

7.  Means of transport and receptacles shall be constructed, maintained and operated to allow appropriate cleaning and disinfection.

Escape-proof

8.  Means of transport and receptacles shall be escape-proof.

Noise and vibration

9.  Means of transport and receptacles shall be constructed, maintained and operated to ensure that animals are not likely to be caused injury or unnecessary suffering from undue exposure to noise or vibration.

Lighting

10.—(1) Means of transport and receptacles shall have sufficient natural or artificial lighting to enable the proper care and inspection of any animal being carried.

(2) Passageways, ramps and other loading equipment shall be provided with adequate natural or artificial lighting to enable the animals to be loaded or unloaded safely.

(3) Artificial lighting required by this paragraph may be provided using a portable light.

Electrical fittings

11.  All electrical fittings and wiring in those parts of a means of transport or receptacle to which animals have access shall be so positioned or protected as to prevent injury or suffering to any animal.

Use of partitions

12.—(1) Partitions shall be used if they are necessary—

(a) to provide adequate support for animals; or

(b) to prevent animals being thrown about during transport.

(2) When partitions are used, they shall be positioned—

(a) so as to prevent injury or unnecessary suffering to animals as a result of—

(i) overcrowding;

(ii) lack of support; or

(iii) being thrown about during transport; and

(b) so that the animals are in sufficiently small groups to allow them to be properly inspected and cared for.

Design of partitions

13.  Partitions shall be—

(a) of rigid construction;

(b) strong enough to withstand the weight of any animal which may be thrown against them;

(c) constructed and positioned so that there are no gaps which are likely to result in injury or unnecessary suffering to the animals;

(d) of a height appropriate to the species; and

(e) constructed and positioned so that they do not interfere with ventilation.

Special provisions for rail wagons

14.  Any rail wagon used in the transport of animals shall be marked with a symbol indicating the presence of live animals.

15.  Any rail wagon in which animals are carried shall be—

(a) equipped with a roof ensuring effective protection against the weather;

(b) capable of travelling at a high speed; and

(c) provided with sufficiently large air vents or a ventilation system which is effective even at low speeds.

16.  The inside walls of any rail wagon used for the carriage of animals (other than in receptacles) shall be of a suitable material, completely smooth and shall have, if necessary, means for tying the animals to the walls.

Special provisions for transport by water or air

17.  Animals being transported by water or air shall—

(a) be accommodated in suitable pens or receptacles unless they are in a vehicle or rail wagon on board a vessel or aircraft; and

(b) where necessary, be secured to protect them against injury from the motion of the vessel or aircraft.

Additional provisions for transport by water

18.  There shall be adequate passageways on a vessel providing access to all pens, receptacles, vehicles or rail wagons in which animals are accommodated.

19.  All parts of a vessel in which animals are accommodated shall be provided with adequate drainage and kept in a sanitary condition.

20.—(1) Enclosed decks in which animals are transported (whether in vehicles or otherwise) shall be provided with an adequate means of mechanical ventilation.

(2) Vehicles in which animals are being transported in an enclosed deck shall, where possible, be placed near a fresh air inlet.

(3) Where animals are transported in rail wagons on board vessels, adequate ventilation shall be provided for the animals throughout the voyage.

21.  Where animals are transported by water, there shall be provision for the isolation of ill or injured animals during the voyage and for first aid treatment to be given when necessary.

22.  Where animals are transported in vehicles on board vessels—

(a) the animals' compartment shall be properly fixed to the vehicle;

(b) the vehicle and the animals' compartment shall be equipped with tying facilities enabling them to be adequately secured to the vessel;

(c) the animals' compartment shall have a sufficient number of vents or other means of ensuring it is adequately ventilated bearing in mind that the air flow is restricted in the confined space of the vessels' vehicle deck;

(d) there shall be sufficient room inside the animals' compartment (at each of its levels) to ensure that there is adequate ventilation and sufficient air space to allow the air to circulate properly; and

(e) direct access shall be provided to each part of the animals' compartment so that the animals can, if necessary, be cared for, fed and watered during the voyage.

Part II General provisions for the transport of all mammals and birds

Jolting

23.  Animals shall not be transported in such a way that they are severely jolted or shaken.

Loading and unloading

24.  Animals shall be loaded and unloaded in such a way as to ensure that they are not caused injury or unnecessary suffering by reason of—

(a) the excessive use of anything used for driving animals;

(b) contact with any part of the means of transport or receptacle or with any other obstruction.

Emergency unloading equipment

25.  Unless an animal can be loaded and unloaded in accordance with the provisions of paragraph 10(7) or (8) of Part II of Schedule 2, a vehicle shall, at all times, carry the means to enable the animals to be unloaded without causing them injury or unnecessary suffering at a place where there is no other unloading equipment.

Segregation of animals and goods

26.—(1) Goods which are being transported in the same means of transport as animals shall be positioned so that they do not cause injury or unnecessary suffering to the animals and in particular, goods which could prejudice the welfare of animals shall not be carried in pens or receptacles in which animals are transported.

(2) A carcase shall not be carried in the same vehicle, receptacle, rail wagon or pen as an animal, other than the carcase of an animal which dies in the course of a journey.

Disposal of waste

27.  Dead animals, soiled litter and droppings shall be removed from a means of transport or receptacle as soon as possible.

Litter

28.—(1) Floors on which animals are transported shall be covered with sufficient litter to absorb urine and droppings unless equally effective alternative arrangements are in place or unless urine and droppings are regularly removed.

(2) If a receptacle in which animals are transported is placed on top of another receptacle containing animals, precautions shall be taken to prevent urine or droppings from falling on to the animals in the lower receptacle.

Labelling of receptacles

29.  Receptacles in which animals are transported shall—

(a) be marked or labelled so as to indicate that they contain live animals and the species of those animals;

(b) be marked with a sign indicating the receptacle’s upright position; and

(c) be kept in an upright position.

Securing of receptacles

30.  Receptacles in which animals are transported shall be secured so as to prevent their displacement during transport.

Humane slaughter on vessels and aircraft

31.  Vessels and aircraft on which animals are transported shall carry appropriate means for effecting, where necessary, the humane slaughter of the species of animal being transported.

Attendants

32.—(1) In order to ensure the necessary care of the animals during transport, consignments of animals shall be accompanied by a sufficient number of attendants, taking into account the number of animals transported and the duration of the journey.

(2) At least one attendant shall accompany the animals except in the following cases where—

(a) animals are transported in receptacles which are secured, adequately ventilated and, where necessary, contain enough food and water, in dispensers which cannot be tipped over, for a journey of twice the anticipated time;

(b) the transporter performs the function of attendant; or

(c) the consignor has appointed an agent to care for the animals at appropriate stopping or transfer points.

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.

Article 4(4)

SCHEDULE 3

Part I Additional requirements for the construction and maintenance of means of transport and receptacles for poultry and domestic birds and domestic rabbits

Ventilation

1.  Means of transport and receptacles shall be constructed, maintained, operated and positioned to provide adequate ventilation and air space.

Special provisions for receptacles

2.  Receptacles in which animals are transported shall be constructed and maintained so that they allow for appropriate inspection and care of the animals.

3.  Receptacles in which animals are carried shall be of such a size to protect the animals from injury or unnecessary suffering during transport.

4.  Receptacles in which poultry and domestic birds are transported shall be constructed and maintained so that they prevent any protrusion of the heads, legs or wings from them.

5.  Poultry and domestic birds shall not be carried in a sack or bag.

Part II Additional requirements for the transport of poultry and domestic birds and domestic rabbits

Lifting of poultry and domestic birds

6.  Poultry and domestic birds shall not be lifted or carried by the head, neck, wing or tail except for—

(a) ducks which may be lifted or carried by the neck; and

(b) geese which may be lifted or carried by the base of both wings.

Tying of poultry and domestic birds

7.  Poultry and domestic birds shall not be tied by the neck, leg or wing.

Segregation of rabbits

8.  Rabbits shall not be carried in the same undivided pen, receptacle, vehicle or rail wagon as an animal of any other species.

Segregation of poultry and domestic birds

9.—(1) Poultry and domestic birds shall be segregated according to species and sex, except that—

(a) female poultry and domestic birds may be transported with their broods;

(b) male and female chicks may be transported together; and

(c) male and female poultry and domestic birds which are familiar with one another may travel together.

(2) Chicks shall be segregated from all other poultry and domestic birds except that they may travel with their mother or other chicks.

(3) Poultry and domestic birds shall not be transported in proximity to any animal which is likely to be hostile to them or the presence of which is likely to cause them unnecessary suffering or distress.

Article 4(5)

SCHEDULE 4

Part I Additional requirements for the construction and maintenance of means of transport and receptacles for domestic dogs and domestic cats

Ventilation

1.  Means of transport and receptacles shall be constructed, maintained, operated and positioned to provide appropriate ventilation and air space.

Special provision for receptacles

2.  Receptacles in which animals are transported shall be constructed and maintained so that they allow for appropriate inspection and care of the animals.

Size and height

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

Special provisions for vehicles

4.  Vehicles shall be equipped with a roof which ensures effective protection against the weather.

5.  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.

Part II Additional requirements for the transport of domestic dogs and domestic cats

Segregation of species

6.—(1) Animals shall not be carried in the same undivided pen, receptacle, vehicle or rail wagon as animals of another species, except in the case of companion animals if separation would cause either animal distress.

(2) Female animals in oestrus shall be separated from male animals.

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

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

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

(6) 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.

Duties of attendants

7.  The attendant or consignor’s agent shall look after the animals, and if necessary, feed and water them.

Special provisions for transport by water

8.  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.

Article 4(6)

SCHEDULE 5

Part I Additional requirements for the construction and maintenance of means of transport and receptac les of mammals and birds not covered by Schedules 2, 3 and 4

Ventilation

1.  Means of transport and receptacles shall be constructed, maintained, operated and positioned to provide appropriate ventilation and air space.

Size and height

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

Special provisions for receptacles

3.  Receptacles in which animals are transported shall be constructed and maintained so that they allow for appropriate inspection and care of the animals.

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 the animals (other than marine mammals) are carried (other than in receptacles), with barriers 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 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;

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

(2) 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.

(3) A ramp to which this paragraph applies shall be provided with suitable side barriers where necessary.

7.  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.

Part II Additional requirements for the transport of mammals and birds not covered by Schedules 2, 3 and 4

Loading equipment

8.—(1) Animals shall be loaded and unloaded in accordance with this paragraph.

(2) Save as provided in sub-paragraphs (5) and (6), animals shall be loaded and unloaded using suitable ramps, bridges, gangways or mechanical lifting gear, 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) Ramps, bridges, gangways 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; and

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

(5) 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 loading is carried out without causing injury or unnecessary suffering to the animal.

(6) 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 in this manner.

Movement from floor to floor

9.—(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) positioned so that it will not result in injury or unnecessary suffering to any animal; and

(c) of a gradient which is suitable to the age and species of the animal concerned.

(4) 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.

Segregation of species

10.  Animals shall not be carried in the same undivided pen, receptacle, vehicle or rail wagon as any other animal unless it is known that they are compatible with each other.

Duties of attendants

11.  The attendant or consignor’s agent shall look after the animals and, if necessary, feed and water them.

Notice describing an animal

12.  Where the means of transport or receptacle contains animals which are wild, timid or dangerous a notice to that effect shall be fixed to it.

Special provision for transport by water

13.  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.

Sedation

14.  Sedation shall be given only exceptionally and under the direct supervision of a veterinary surgeon. Written details of such sedation shall accompany the animal to its place of destination.

Conditioning of animals

15.  Where appropriate, animals shall be held for a suitable period prior to transport to prepare them for loading, unloading and transport. During that period they shall, if necessary, be moved gradually into their receptacle.

Birds in semi-darkness

16.  Birds shall be kept in semi-darkness.

Stacking of receptacles for marine mammals

17.  Receptacles in which marine mammals are transported shall not be stacked.

Article 4(7)

SCHEDULE 6 Other vertebrate animals and cold-blooded animals

Other vertebrate animals and cold-blooded animals shall be transported in such receptacles or means of transport, under such conditions, in particular with regard to space, ventilation, temperature and security and with such supply of water and oxygen as is appropriate for the species concerned.

Articles 8(2), (6) and (8), 13(8) and 14(1)

SCHEDULE 7

Part I Watering and feeding intervals, journey times and resting periods for horses (except registered horses), cattle, sheep, pigs and goats

1.  Subject to the provisions of this Schedule, journey times shall not exceed eight hours.

2.  The maximum journey time in paragraph 1 may be extended where the transporting vehicle meets the following additional requirements—

(a) there is sufficient bedding on the floor of the vehicle;

(b) it carries appropriate feed for the animal species transported and for the journey time;

(c) direct access to the animals may be gained from inside the vehicle without it having to be unloaded;

(d) there is adequate ventilation which may be adjusted depending on the temperature (inside and outside);

(e) there are movable panels for creating separate compartments;

(f) it is equipped for connection to a water supply during stops;

(g) in the case of vehicles for transporting pigs, sufficient water is carried for watering during the journey.

3.  The watering and feeding intervals, journey times and rest periods when using road vehicles which meet the requirements in paragraph 2 are as follows—

(a) unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets shall, after nine hours of travel, be given a rest period of at least one hour sufficient in particular for them to be given liquid and, if necessary, fed. After this rest period, they may be transported for a further nine hours;

(b) pigs may be transported for a maximum period of 24 hours. During the journey, they shall have continuous access to water;

(c) horses may be transported for a maximum period of 24 hours. During the journey they shall be given water and, if necessary, fed every eight hours;

(d) all other cattle, sheep and goats shall, after 14 hours of travel, be given a rest period of at least one hour sufficient for them in particular to be given water and, if necessary, fed. After this rest period, they may be transported for a further 14 hours.

4.  At the end of the journey time laid down, animals shall be unloaded, fed and watered and be rested for at least 24 hours.

5.  Animals shall not be transported by rail if the maximum journey time exceeds eight hours. However, the journey times laid down in paragraph 3 shall apply where the conditions laid down in paragraphs 2 and 3, except for rest periods, are met.

6.—(a) Animals shall not be transported by sea if the maximum journey time exceeds that laid down in paragraph 2, unless the conditions laid down in paragraphs 3 and 4, apart from journey times and rest periods, are met.

(b) In the case of transport by sea on a regular and direct link between two geographical points of the Community by means of vehicles loaded on to vessels without unloading of the animals, such animals shall be rested for 12 hours after unloading at the port of destination or in its immediate vicinity unless the journey time at sea is such that the voyage can be included in the conditions laid down in paragraphs 1 to 3.

7.  In the interest of the animals, the journey times in paragraphs 3 and 6(b) may be extended by two hours taking account in particular of proximity to the place of destination.

Part II Additional provisions relating to the transport of animals through a market where documentation is unavailable for the whole period of the journey

8.—(1) Subject to sub-paragraph (2), this Part shall apply in relation to animals which pass through a market in the course of a journey.

(2) This Part shall not apply where a person is transporting an animal from a market and where documentation to establish the time at which that animal left the point where the journey to the market began is available.

9.  If a person transports from a market animals which he did not take to that market, the documentation required under Article 14 shall show the market as the beginning of the journey for the purposes of recording the place, date and time of loading.

10.  When animals are transported from a market, a person shall not transport them for more than 4 hours except in accordance with the provisions of this Part.

11.  The animals to be transported shall have been at market for a period of at least one hour sufficient in particular for them to be given liquid and, if necessary fed.

12.  Any journey of more than 4 hours from the market shall be in a vehicle complying with paragraph 2 of Part I.

13.  In the case of unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets, they may be transported for 9 hours from a market if the journey to the market was not more than 4 hours (or 9 hours if the journey was in a vehicle complying with paragraph 2 of Part I).

14.  In the case of pigs or horses, they may be transported for 8 hours from a market if the journey to the market was not more than 4 hours (or 8 hours if the journey was in a vehicle complying with paragraph 2 of Part I).

15.  In the case of all other cattle, sheep and goats to which this Schedule applies, they may be transported for 14 hours from a market if the journey to the market was not more than 4 hours (or 14 hours if the journey was in a vehicle complying with paragraph 2 of Part I).

16.  It shall be a defence for a transporter transporting animals from a market to show that he took all reasonable steps to establish that the conditions in paragraphs 9 to 15 relating to the transport of animals to the market were satisfied.

Article 9(2)

SCHEDULE 8 Knowledge and ability to be possessed by a “competent person”

1.  Knowledge of which persons are responsible for the welfare of animals during each stage of transport.

2.  Understanding of when to seek veterinary help and knowledge of which body or organisation or body to contact with general questions, for example, about transport conditions, matters of law or documentation.

3.  Elementary knowledge of the causes of stress and distress in animals; ability to recognise the signs of stress, distress and ill health, and basic knowledge of how to reduce the symptoms and, where possible, to remove or ameliorate the causes of that stress, distress or ill health.

4.  Knowledge of, and ability to utilise, the appropriate methods of handling animals during loading and unloading, including the use of visual fields and flight zones, lighting and the appropriate use of such things as sticks, boards, blindfolds and electric goads. Knowledge of which handling methods are permissible and which are prohibited.

5.  Knowledge of stocking densities (effects of overcrowding and under-stocking) and headroom and segregation requirements, taking into account the species being transported, method of transport, gender, condition, age, length of journey and ambient conditions.

6.  Understanding of the significance for animal welfare of temperature, both inside and outside the vehicle, including the effect on different species and the need for adjustment of ventilation.

7.  Knowledge of the specific requirements of this Order relating to different species for rest, feed and liquid.

8.  Knowledge of the vehicle construction and use requirements in current welfare legislation.

9.  Ability to care for animals which become unfit or injured during transport, including an understanding of when to seek veterinary advice. Knowledge of the limited circumstances when it is permissible to transport unfit animals for veterinary treatment or slaughter.

10.  Ability to clean and disinfect vehicles and knowledge of when it is necessary to do so before and after a journey.

11.  Ability to plan a journey (taking into account such factors as maximum travelling times, required rest periods, and the time taken to load and unload). Ability to anticipate changing conditions and make contingencies for unforeseen circumstances.

12.  Understanding when documentation required in accordance with Article 14 or a route plan is required, and ability to complete these documents.

13.  Basic knowledge of the licensing requirements for transporters and when such licences are necessary.

14.  Ability to load, operate and control a vehicle safely, efficiently and effectively so as to ensure the welfare of the animals.

15.  Knowledge of the powers of enforcement authorities to inspect animals, documentation and vehicles before, during and after the journey.

Article 12(3)

SCHEDULE 9 Provisions relating to licences

Specific and general licences

1.—(1) A licence may be—

(a) a specific licence, that is, a licence issued by the Department to a person named in the licence on an application made by him, which covers such activities as are described in the licence; or

(b) a general licence, that is, a licence issued by the Department which does not name individual persons and which covers such persons resident in Northern Ireland (or, in the case of a body corporate, incorporated in Northern Ireland) and such activities as are described in the licence.

(2) After 1st December 1997 a person shall not transport cattle, sheep, pigs, goats and horses unless a specific licence has been issued to him, except where—

(a) the journey time is less than 8 hours and involves only transport by vehicle (or transport by vessel where the animals remain within the vehicle during the voyage);

(b) all the animals transported are registered equidae within the meaning of Council Directive 90/426;

(c) the number of animals transported is not more than either—

(i) in the case of horses other than registered equidae within the meaning of Council Directive 90/426, 5 individual animals; or

(ii) in the case of cattle, 5 individual animals; or

(iii) in the case of sheep and goats, 10 individual animals; or

(iv) in the case of pigs, 10 individual animals,

provided that the transporter is involved in no more than 5 consignments of animals in accordance with paragraph (2)(c) during any calendar year and that the vehicle used to transport the animals complies with the requirements of Schedule 1 and Schedule 2 and has been inspected by an authorised officer of the Department not more than 6 months before its being used for any such journey.

(3) A specific licence may be amended or revoked by the Department by notice in writing served on the transporter to whom the licence was granted.

(4) A general licence may be amended or revoked by publication in such manner as the Department shall see fit.

(5) In the case of a general licence, the Department may, by notice in writing served on the transporter, either exclude that transporter from the operation of a general licence, or impose additional conditions on that transporter which differ from the conditions in the general licence.

(6) A specific licence shall not be issued to more than one person.

(7) The fact that a person is covered by a general licence in respect of certain activities shall not prevent a specific licence being issued to him in respect of those activities.

(8) If a person has been issued with a specific licence, then he ceases to be covered by any aspect of the general licence in relation to the animals covered by the specific licence, and he shall not be permitted to carry out any transport of those animals except under the authority of a specific licence; and if a specific licence is revoked, or limited in any way, then the person who held the licence shall not be entitled to transport the animals covered by that specific licence under the authority of the general licence.

(9) Notice shall be given of the issue of any general licence in such form as the Department shall see fit.

Licence holder to be a fit person

2.—(1) A specific licence shall be granted on the application of any person if he satisfies the Department that he is a fit person to transport animals.

(2) In determining whether a transporter applying for a specific licence is a fit person to transport animals, the Department shall have regard to any circumstances appearing to it to be relevant, and in particular any evidence tending to show that the applicant, or any of the applicant’s employees, agents or associates (whether past or present) or, where the applicant is a body corporate, any person appearing to the Department to be a controller of the body corporate or an associate of any such person, has—

(a) committed any offence involving animal welfare; or

(b) contravened any provision of this Order or any other Order made under Article 21, 23 or 23A of the 1981 Order; or

(c) previously been responsible for anything which would cause the Department to revoke or suspend a licence under the provisions of paragraph 3.

(3) In sub-paragraph (2), “associate”, in addition to the person specified in paragraph 7, includes a business associate.

(4) A person operating under a licence, whether specific or general, shall give to an officer of the Department such information as the Department may reasonably require concerning the transport under the licence.

(5) A specific licensee transporting vertebrate animals under a trading name different from that specified in the licence shall notify the Department of the trading name before he transports any animals under that name.

Suspension and revocation

3.—(1) The Department may revoke or suspend a specific licence, or exclude a transporter from the operation of a general licence, either temporarily or permanently, in the event of any of the following situations, involving either the transporter or, if it appears to the Department to be relevant, any associate, employee or agent of the transporter—

(a) repeated infringements in Northern Ireland of this Order or of any other Order implementing Council Directive 91/628/EEC or a single such infringement which involves serious suffering to animals, in either case whether or not the infringement leads to a conviction;

(b) in the case of a journey taking place partly in Northern Ireland and partly outside Northern Ireland—

(i) any breach of the rules relating to route plans; or

(ii) repeated infringements of the legislation of any member State implementing Council Directive 91/628/EEC, or a single such infringement involving serious suffering to animals,

in either case whether or not the infringement leads to a conviction.

(2) The Department shall by notice, inform the transporter that it is minded to revoke the licence, or suspend it until a specified date or indefinitely.

Written representations to the Department

4.—(1) If, within 28 days of the issue of a specific licence, the person to whom it is issued requests the Department to give him notice of the reasons for the inclusion of any provision in it, the Department shall comply with his request within 28 days of receiving it.

(2) On issuing a specific licence to a person the Department shall notify him of the effect of sub-paragraph (1).

(3) If the Department refuses an application for a specific licence, it shall give the applicant notice in writing of the reasons for the refusal.

(4) If the Department, by notice in writing served on a transporter, amends, suspends or revokes a specific licence, the notice shall give the transporter reasons for the amendment, suspension or revocation.

(5) If the Department, by notice in writing served on a transporter, either excludes that transporter from the operation of a general licence or imposes additional conditions on that transporter, the notice shall give the transporter reasons for the exclusion or the imposition of additional conditions.

(6) If, within 28 days of receipt of a notice under this paragraph giving the Department’s reasons, the transporter makes written representations to the Department concerning the matter to which the notice is related, the Department shall refer the transporter’s representations to an appointed person.

(7) A notice under this paragraph giving the Department’s reasons shall notify the transporter of the effect of sub-paragraph (6).

Appointed persons

5.—(1) The Department shall nominate an appointed person who in the opinion of the Department is specially qualified to consider representations under this Schedule.

(2) The appointed person shall serve on the person who made representations a notice requiring him to state within 14 days of receipt of the notice whether he wishes to make written or oral representations to the appointed person at a meeting.

(3) The notice shall specify the place, date and time of the meeting and the date of the meeting shall not be earlier than 14 days from the date of the notice, unless the person who makes the representations has agreed to an earlier meeting.

(4) The appointed person shall permit the Department or the transporter to make written or oral representations at the hearing either in person or through a representative.

(5) The appointed person may permit any other person to make a written or oral representation to him at the hearing.

(6) The appointed person shall consider—

(a) the reasons given by the Department in accordance with this Schedule; and

(b) any representations made in accordance with this Schedule

and shall make a report to the Department after the close of his consideration, giving his findings of fact and his recommendations, and the Department shall reconsider its decision in the light of the report.

(7) The Department shall notify the transporter of the result of its reconsideration and the reasons for it and shall send him a copy of the appointed person’s report.

Duty to notify changes

6.—(1) Within 21 working days after—

(a) any change takes place in the officers of—

(i) a body corporate which is the holder of a specific licence; or

(ii) a body corporate which is a controller of a body corporate which holds such a licence; or

(b) a body corporate which holds such a licence becomes aware that a person has become or ceased to be a controller of the body corporate,

the holder of the licence shall give the Department notice of that fact.

(2) Where the Department is given notice under sub-paragraph (1) of any change the Department may by notice require the holder of the licence to furnish such information, verified in such manner, as the Department may stipulate.

(3) The holder of a specific licence shall notify the Department within 21 days of any change of address of the transporter.

Interpretation

7.  In this Schedule—

“agent” means an individual who acts on behalf of another person;

“associate” shall have the same meaning as in section 184 of the Consumer Credit Act 1974(2) but in addition to the persons specified in that Act shall include a business associate; and

“employee” shall have the same meaning as in Article 3(1) of the Employment Rights (Northern Ireland) Order 1996(3).

Article 13(3)

SCHEDULE 10 Information to be Provided on the Route Plan

Section 1 — Information to be completed before the journey

1.  Name, full address, business name, telephone number and fax number of the transporter.

2.  Number and species of animals to be transported.

3.  Health certificate number(s).

4.  Number of the transporter’s specific licence (if any).

5.  Registration number of the vehicles to be used, and the trailers if different.

6.  Name of the person(s) in charge of the transport during the journey.

7.  Place where the animals are to be first loaded and full address.

8.  Planned date and time of departure.

9.  Full itemised itinerary of the journey.

10.  Full address of the final destination.

11.  Estimated date and time of arrival at the final destination (local time).

Section 2 — Information to be completed during the journey

12.  Actual date and time of loading the first animal.

13.  Actual time of departure from the place of loading.

14.  Full itemised itinerary of the journey.

15.  Actual date and time of arrival at the final destination (local time).

Article 16(2)

SCHEDULE 11 Form of undertaking

Article 19

SCHEDULE 12 Revocations

The following Orders are hereby revoked:

Title	Number
The Transit of Animals (Northern Ireland) Order 1927	S.R. & O. (N.I.) 1927 No. 38 (p. 40)
The Transit of Animals (Amendment No. 2) (Northern Ireland) Order 1932	S.R. & O. (N.I.) 1932 No. 115 (p. 52)
The Horses (Sea Transport) Order (Northern Ireland) 1953	S.R. & O. (N.I.) 1953 No. 87 (p. 12)
The Diseases of Animals (Transport by Air) Order (Northern Ireland) 1955	S.R. & O. (N.I.) 1955 No. 127 (p. 73)
The Animals (Sea Transport) Order (Northern Ireland) 1958	S.R. & O. (N.I.) 1958 No. 5 (p. 109)
The Transit of Animals (General) Order (Northern Ireland) 1973	S.R. & O. (N.I.) 1973 No. 300
The Transit of Animals (General) (Amendment) Order (Northern Ireland) 1989	S.R. 1989 No. 165
The Transit of Animals (Road and Rail) Order (Northern Ireland) 1989	S.R. 1989 No. 166
The Welfare of Poultry (Transport) Order (Northern Ireland) 1989	S.R. 1989 No. 167
The Welfare of Animals during Transport Order (Northern Ireland) 1994	S.R. 1994 No. 244

(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

(2)

1974 c. 39

(3)

S.I. 1996 No. 1919 (N.I. 16)