The Non-Commercial Movement of Pet Animals Order 2011

PART 1 E+W+S General

Title, extent and commencement E+W+S

1.—(1) This Order may be cited as the Non-Commercial Movement of Pet Animals Order 2011.

(2) It extends to Great Britain.

(3) It comes into force on 1st January 2012.

Interpretation E+W+S

2.—(1) In this Order—

“the appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Scotland, the Scottish Ministers,

(c)

in relation to Wales, the Welsh Ministers;

“carrier” means any undertaking carrying goods or passengers for hire by land, sea or air;

[F1 “the Commission Implementing Regulation” means Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council;]

“Decision 2003/459/EC” means Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus(1);

“Decision 2006/146/EC” means Commission Decision 2006/146/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia(2);

“Decision 2007/25/EC” means Commission Decision 2007/25/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community;

[F2 “declaration” means a declaration given in accordance with Article 12(1)(c), Article 25(3) or Article 30(3) of the Pets Regulation;]

“health certificate” means a certificate issued in accordance with [F3 Article 26 or Article 31] of the Pets Regulation;

“local authority” has the meaning given in article 3;

“pet bird” has the same meaning as in Decision 2007/25/EC;

[F4 “the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;]

“the supplementary Regulation” means Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs(3).

(2) Terms and expressions used in this Order and in the Pets Regulation have the same meaning as in the Pets Regulation.

(3) In this Order—

(a) any reference to Decision 2007/25/EC is a reference to that Decision as amended from time to time, F5 ...

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in art. 2(1) inserted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 3(1)(a)

F2 Words in art. 2(1) inserted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 3(1)(b)

F3 Words in art. 2(1) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 3(1)(c)

F4 Words in art. 2(1) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 3(1)(d)

F5 Word in art. 2(3) omitted (29.12.2014) by virtue of The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 3(2)(a)

F6 Art. 2(3)(b) omitted (29.12.2014) by virtue of The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 3(2)(b)

Meaning of local authority E+W+S

3.—(1) In England, “local authority” means—

(a) where there is, within the meaning of the Local Government Changes for England Regulations 1994(4), a unitary authority, that authority,

(b) where there is not a unitary authority—

(i) in a metropolitan district, the council of that district,

(ii) in a non-metropolitan county, the council of that county,

(iii) in a London borough, [F7 the Common Council of the City of London,]

(c) in the City of London, the Common Council, or

(d) in the Isles of Scilly, the Council.

(2) In Scotland, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(5).

(3) In Wales, “local authority” means a county council or a county borough council.

Textual Amendments

F7 Words in art. 3(1)(b)(iii) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 4

Designation E+W+S

4.—(1) The appropriate authority—

(a) is the competent authority for the purposes of [F8 Articles 3(g) and (h), 10(3)(b), F9 ... 23 and 32(1)(b)(i)] of the Pets Regulation, F10 ...

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (2) The appropriate authority and the local authority are the competent authorities for the purposes of—

(a) Articles 33(2), 34 and 35 of the Pets Regulation,

(b) Article 2(1) of Decision 2007/25/EC, and

(c) article 10 of this Order]

Textual Amendments

F8 Words in art. 4(1)(a) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 5(1)

F9 Word in art. 4(1)(a) omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 36(2)

F10 Art. 4(1)(b) and word omitted (31.12.2020) by virtue of The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/782), regs. 1, 6(2); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 4(2) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), arts. 1(3), 5(2)

(1)

OJ No L 154, 21.6.2003, p112.

(2)

OJ No L 55, 25.2.2006, p44.

(3)

OJ No L 296, 15.11.2011, p6.

(4)

S.I. 1994/867; relevant amending instruments are S.I. 1996/611 and 2008/2867.

(5)

1994 c.39.