The Welfare of Animals (Transport) Order 1997

Interpretation

3.—(1) In this Order, unless the context otherwise requires—

• “animal” includes bird;

• “cattle” means all domestic animals of the bovine species;

• “Community” means the European Community;

• “goats” means all domestic animals of the caprine species;

• “horse” means a horse, pony, ass, hinny or mule;

• “inspector” means a person appointed to be an inspector for the purposes of the Animal Health Act 1981 by the Minister or by a local authority, and when used in relation to an officer of the Ministry, includes a veterinary inspector;

• “journey” means transport from place of departure to place of destination;

• “means of transport” means those parts (including detachable parts) of road vehicles, rail wagons, vessels and aircraft used for loading and carrying animals;

• “partition” includes the wall of any pen;

• “pen” includes a box or stall;

• “pigs” means all domestic animals of the porcine species;

• “place of departure” means, subject to paragraphs (2) and (3) below, the place at which the animal is first loaded on to a means of transport, or any place where the animals have been unloaded and accommodated for 24 hours or more, watered, fed and, if necessary, cared for, but excluding any transfer point or place where animals are rested in the course of a journey;

• “place of destination” means the place at which an animal is finally unloaded from a means of transport, but excluding any transfer point or place where animals are rested in the course of a journey;

• “poultry and domestic birds” means—

  (a)

  domestic fowl;

  (b)

  domestic breeds of turkeys, guinea-fowl, ducks, geese and quails; and

  (c)

  pheasants and partridges;

• “rail wagon” excludes rolling stock in which passengers are being carried;

• “ramp” includes the door of a vehicle or rail wagon which is used as a loading ramp and any loading bridge or gangway;

• “receptacle” means any crate, box or other rigid container used for the transport of animals which is not self-propelled and does not form a part (whether detachable or not) of a means of transport;

• “rest period” means a continuous period in the course of a journey during which animals are not being moved by a means of transport;

• “sheep” means any domestic animal of the ovine species;

• “transfer point” means a place where transport is interrupted in order to transfer animals from one means of transport to another;

• “transport” means any movement of animals, effected by a means of transport, and includes loading and unloading the animals;

• “transporter” means any natural or legal person transporting animals—

  (a)

  on his own account,

  (b)

  for the account of a third party, or

  (c)

  by providing a third party with a means of transport of animals,

  where such transport is of a commercial nature and carried out for the purpose of gain;

• “transport of a commercial nature” means transport in the course of a trade or business;

• “vehicle” means in relation to the transport of animals by road, any vehicle (including a trailer of any description and the detachable body of a vehicle) constructed or adapted for use on a road;

• “vessel” includes hovercraft; and

• “veterinary inspector” means a veterinary inspector appointed by the Minister for the purposes of the Animal Health Act 1981.

(2) Markets and assembly centres approved for the purposes of intra-Area trade under Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade affecting bovine animals and swine(1)) or Council Directive 91/68/EEC (on animal health conditions governing intra-Community trade in ovine and caprine animals(2)) may be regarded as places of departure where the first place of loading of the animals is 50 km or less from the said markets or assembly centres.

(3) Markets as described in paragraph (2) above may also be regarded as places of departure where, although the first place of loading of the animals is more than 50 km from the said markets, the animals have had a rest period of at least 12 hours and have been provided with an adequate quantity of suitable food and with an adequate quantity of liquid before being reloaded.

(4) Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is a reference to that article or Schedule in this Order.

(5) Any reference in this Order to a Community instrument is a reference to that instrument as amended at the date this Order is made.

(6) Any certificate or approval under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(1)

OJ No. L121, 29.7.64 (Special Edition 1963–64, p.164) as last amended by Council Directive 95/25/EC, OJ No. L148, 30.6.95, p.52).

(2)

OJ No. L46, 19.2.91, p.19 as last amended by Council Decision OJ No. L1, 1.1.95, p.1).