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3.—(1) A person who fails to comply with the following provisions of Council Regulation (EC) No. 1/2005 is guilty of an offence under the Act–
(a)Article 3 (general conditions for the transport of animals);
(b)Article 4(1) (Article 4 relates to transport documentation);
(c)Article 5(1) (Article 5 relates to planning obligations for the transport of animals);
(d)Article 6(1) (transporters);
(e)from 5 January 2008, Article 6(5);
(f)Article 7 (prior inspection and approval of means of transport);
(g)Points 1.8, 1.9 and 1.11 of Chapter III of Annex I to that Regulation.
(2) Copies of the documentation referred to in Article 4 of Council Regulation (EC) No. 1/2005 must be kept for 6 months from the date of completion of the journey.
4. A transporter who fails to comply with the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence under the Act–
(a)Article 4(2) (transport documentation);
(b)Article 5(2) and (4) (planning obligations for the transport of animals);
(c)Article 6(2), (3), (4), (6) and (8) (transporters);
(d)Article 6(9) (transporters)–
(i)for means of transport by road in service for the first time as from the coming into force date of these Regulations; and
(ii)for all means of transport by road as from 1 January 2009;
(e)Article 12 (limitation on applications for authorisation).
5.—(1) A master of a roll-on-roll-off vessel who fails to comply with point 3.1 of Chapter II of Annex I to Council Regulation (EC) No. 1/2005 is guilty of an offence under the Act.
(2) No transporter shall transport animals on a roll-on-roll-off vessel unless the master of the vessel has first verified the matters referred to in point 3.1 of Chapter II of Annex I to Council Regulation (EC) No. 1/2005 (additional provisions for transport on roll-on-roll-off vessels).
6. An organiser who fails to comply with Article 5(3) and (4) of Council Regulation (EC) No. 1/2005 (planning obligations for the transport of animals) is guilty of an offence under the Act.
7. A keeper who fails to comply with Article 8 of Council Regulation (EC) No. 1/2005 (keepers at places of departure, transfer or destination) is guilty of an offence under the Act.
8. An operator of an assembly centre who fails to comply with Article 9 of Council Regulation (EC) No. 1/2005 (assembly centres) is guilty of an offence under the Act.
9.—(1) It is an offence under the Act to operate a control post unless approved for that purpose.
(2) An operator of a control post who fails to comply with the following provisions of Council Regulation (EC) No. 1255/97 is guilty of an offence under the Act–
(a)Article 4 (use of control posts);
(b)Article 5 (the operation of control posts); or
(c)Article 6(1) (confirmation an animal is fit to continue its journey).
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