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The Welfare of Animals (Transport) (Scotland) Regulations 2006

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This is the original version (as it was originally made).

PART 2Transport of Animals

Transport

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.

Transporters

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).

Roll-on-roll-off vessels

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).

Organisers

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.

Keepers

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.

Assembly centres

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.

Control posts

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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