Explanatory Note
(This note is not part of the Order.)
This Order revokes and replaces, with changes, the Transport of Animals and Poultry (Cleansing and Disinfection) (No. 2) Order (Northern Ireland) 1997. The Order implements paragraph 8 of Chapter I of the Annex to Council Directive 91/628/EEC on the protection of animals during transport (O.J. No. L340, 11.12.91, p. 17). It also implements Article 12.1(a) 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, O.J. No. L109, 25.4.97, p. 1).
The 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 associated equipment must be cleansed and disinfected in accordance with Schedule 1 before it is used again to transport any such animals (Article 3(2)). It also specifies that, even if this has been done, the means of transport must be cleansed and disinfected again before such animals are transported if the means of transport has become soiled so as to cause a risk of transmission of disease (Article 3(3)). Following a journey, it requires a means of transport to be cleansed and disinfected as soon as reasonably practicable, but in any event within not more than 24 hours (Article 3(4)). It requires any person transporting such animals to remove dead animals, litter and excreta from the means of transport as soon as possible (Article 3(5)).
There are exceptions set out in Schedule 2 relating to journeys on a single enterprise, transport of certain horses and journeys between the same two points. In these cases, and for all other animals and birds, there is a requirement to ensure that they 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 possible. This does not apply to non-commercial journeys or to the transport of single animals or pets (Article 4).
Article 5 specifies how material removed from the means of transport must be disposed of.
Under Article 6, 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 operation of any other Order made under the Diseases of Animals (Northern Ireland) Order 1981 requiring the cleansing and disinfection of vehicles is not affected by anything in this Order (Article 7).
Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of this Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981 and shall be liable, on summary conviction, either to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale (currently £5,000) or in the case of an offence committed with respect to more than 5 animals, not exceeding level 3 on the standard scale (currently £1,000) for each animal.