The Welfare of Animals (Transport) Order 1997

Title and commencement

1.  This Order may be cited as the Welfare of Animals (Transport) Order 1997 and shall come into force on 1st July 1997.

Application

2.—(1) Subject to paragraphs (2) and (3) below, this Order shall apply to the transport of—

(a)the following domestic animals: cattle, sheep, pigs, goats and horses;

(b)poultry, domestic birds and domestic rabbits;

(c)domestic dogs and domestic cats;

(d)all other mammals (except man) and birds;

(e)other vertebrate animals and cold-blooded animals,

and for the purposes of the Animal Health Act 1981 in its application to this Order the definition of animals and poultry in section 87 of that Act shall be extended to cover all the above.

(2) This Order (except as provided for in paragraph (3) below) shall not apply:

(a)to transport which is not of a commercial nature;

(b)to the transport of any individual animal accompanied by a natural person who has responsibility for the animal during transport;

(c)to the transport of pet animals accompanying their owner on a private journey.

(3) Article 4(1) shall apply to all transport of animals, and article 6 insofar as it relates to cattle, sheep, pigs, goats and horses shall apply to all transport of such animals.

(4) The Secretary of State for Scotland may, if he thinks fit, exempt any person transporting animals within The Highlands and Islands Enterprise area from any of the provisions of this Order other than article 4(1) and article 6.

(5) An exemption under the preceding paragraph may be granted subject to conditions, and may be varied, suspended or revoked at any time.

(6) For the purposes of this article “the Highlands and Islands Enterprise area” has the meaning assigned to it by section 21(1) of the Enterprise and New Towns (Scotland) Act 1990(1).

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(2)) or Council Directive 91/68/EEC (on animal health conditions governing intra-Community trade in ovine and caprine animals(3)) 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.

General provisions on the protection of animals in transport

4.—(1) No person shall transport any animal in a way which causes or is likely to cause injury or unnecessary suffering to that animal.

(2) Without prejudice to the generality of paragraph (1) above, a master of a vessel shall not transport any animal by sea, and a commander of an aircraft shall not transport any animal by air, if in his judgement the animal is likely to be caused injury or unnecessary suffering in the course of the transport due to adverse weather, sea or air conditions likely to be encountered during the voyage or flight.

(3) Any person transporting cattle, sheep, pigs, goats or horses shall do so in accordance with Schedules 1 and 2.

(4) Any person transporting poultry and domestic birds or domestic rabbits shall do so in accordance with Schedules 1 and 3.

(5) Any person transporting domestic dogs or domestic cats shall do so in accordance with Schedules 1 and 4.

(6) Any person transporting mammals or birds of a type not mentioned in the preceding paragraphs shall do so in accordance with Schedules 1 and 5.

(7) Any person transporting vertebrate animals or cold-blooded animals of a type not mentioned in the preceding paragraphs shall do so in accordance with the provisions of Schedule 6.

Space allowance

5.—(1) Without prejudice to the generality of article 4(1), no person shall transport any animal on a journey of over 50 km in a way which is likely to cause injury or unnecessary suffering because of the amount of space available to each animal.

(2) In deciding whether or not the space available is adequate, a transporter shall—

(a)have regard to the limits set out in Chapter VI of Council Directive 91/628/EEC (on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(4)); and

(b)consider the animal’s weight, size and physical condition, the means of transport, the weather conditions and the likely journey time.

Fitness of animals to travel

6.—(1) No person shall transport any animal unless—

(a)it is fit for the intended journey, and

(b)suitable provision has been made for its care during the journey and on arrival at the place of destination.

(2) Without prejudice to the generality of paragraph (1) above, for the purposes of this article an animal shall not be considered fit for its intended journey if it is ill, injured, infirm or fatigued, unless it is only slightly injured, ill, infirm or fatigued and the intended journey is not likely to cause it unnecessary suffering.

(3) For the purposes of this article mammals shall not be considered fit for transport if they—

(a)are likely to give birth during transport;

(b)have given birth during the preceding 48 hours; or

(c)are new-born animals in which the navel has not completely healed.

(4) For the purposes of this article, infant mammals and infant birds specified in article 2(1)(d) which are not accompanied by their mother shall not be considered fit for their intended journey if they are incapable of feeding themselves.

(5) Notwithstanding the provisions of paragraph (1) above, animals transported while undergoing regulated procedures authorised under the Animals (Scientific Procedures) Act 1986(5) may be transported provided that they are not likely to be caused injury or unnecessary suffering by the intended journey.

(6) Notwithstanding the provisions of paragraphs (1) and (2) above, any cattle, sheep, pigs, goats and horses may be transported to the nearest available place for veterinary treatment or diagnosis, or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness. However, an animal transported under the provisions of this paragraph may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment.

(7) No person shall transport a deer in velvet unless the journey is of 50 km or less and special precautions are taken to protect it from injury or unnecessary suffering.

Treatment of sick animals

7.—(1) Where animals fall ill or are injured during transport, the person in charge of the animals shall ensure that they receive first-aid treatment as soon as possible, that they are given appropriate veterinary treatment and if necessary are slaughtered in a way which does not involve unnecessary suffering.

(2) Without prejudice to the generality of paragraph (1), where an animal which is being transported by sea or air falls ill or is injured during the journey, the master of the vessel or the commander of the aircraft shall, if he considers it necessary having regard to the availability of appropriate veterinary treatment or of landing the animal without causing it unnecessary suffering, cause it to be slaughtered in a way which does not involve unnecessary suffering.

(3) Subject to the provisions of section 46 of the Animal Health Act 1981 (which provides for the slaughter of injured horses), the requirements of paragraph (2) shall not apply in relation to horses.

Feeding and watering, travelling times and rest periods

8.—(1) No person shall transport animals unless, at an appropriate time before the journey begins, and as appropriate to the species, the animals are accommodated in a place which is not a means of transport, offered liquid and food and if necessary cared for.

(2) In the case of cattle, sheep, pigs, goats and horses (except registered horses), the transporter shall ensure that they are rested, and offered liquid and food during a journey at least in accordance with Schedule 7.

(3) In the case of poultry and domestic birds and domestic rabbits, the transporter shall ensure that during a journey suitable food and liquid is available, in suitable quantities and at suitable intervals, save in the case of—

(a)a journey lasting less than 12 hours, disregarding loading and unloading times; or

(b)a journey lasting less than 24 hours for chicks of all species, provided that it is completed within 72 hours after hatching.

(4) In the case of domestic dogs and domestic cats, the transporter shall ensure that during the journey they are fed at intervals of not more than 24 hours and given liquid at intervals of not more than 12 hours and that clear written instructions about feeding and watering accompany the animals.

(5) In the case of other mammals and birds, the transporter shall ensure that they are suitably fed and watered at appropriate intervals during a journey, and that clear written instructions about feeding and watering and any special care required accompany the animals and that the instructions are complied with.

(6) Nothing in this article or Schedule 7 shall require the unloading of any animal which normally lives on its means of transport.

(7) In this article, in relation to the transport of registered horses, it shall be for the transporter to prove that the animals being transported are registered.

Accompaniment of vertebrate animals by competent persons

9.—(1) Any transporter who transports vertebrate animals on a journey of over 50 km shall ensure that the persons to whom he entrusts the animals includes at least one person who has either—

(a)specific training, or

(b)equivalent practical experience,

qualifying him to handle and transport vertebrate animals and to administer, if necessary, appropriate care, and who has sufficient knowledge of and abilities in the competencies set out in Schedule 8 to enable him to safeguard the welfare of the animals being transported.

(2) Paragraphs (3) to (5) below shall only apply in relation to a journey beginning after 1st July 1998 which involves the transport of cattle, sheep, pigs, goats or horses, either by road vehicle for a journey lasting 8 hours or more, or by another means of transport irrespective of the length of the journey.

(3) In the case of a person who has specific training, that person shall have a qualification relating to the welfare of animals during transport approved by the Minister.

(4) In the case of a person who has practical experience equivalent to specific training, that person shall have been assessed, using a method approved by the Minister, to ensure that that person has the necessary ability, competence and knowledge qualifying him to handle and transport and, if necessary, administer appropriate care to the animals being transported, and the result of that assessment recorded in writing and a copy given to the person who has been assessed.

(5) The transporter shall keep a copy of the record of the assessment carried out under the preceding paragraph throughout the time that the person is engaged by him on journeys accompanying animals, and for a period of 6 months thereafter and shall produce it on demand to an inspector.

(6) In the case of a transporter authorised in another member State, it shall be sufficient that the person accompanying the animals has satisfied the requirements on competence of that member State.

Duties on transporters

10.—(1) Any person transporting animals shall ensure that the animals are transported without delay to their place of destination.

(2) In the case of animals transported in a receptacle, any person in charge of the animals shall ensure that they are not caused injury or unnecessary suffering while they are in the receptacle either waiting to be loaded on to the means of transport or after they have been unloaded.

IATA and CITES

11.—(1) No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association(6).

(2) No person shall transport an animal to which the Convention on International Trade in Endangered Species(7) refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with the standards set by the International Air Transport Association.

Authorisations and registration

12.—(1) No person shall transport vertebrate animals by sea or air, or by any other means of transport involving a journey over 50 km, except under—

(a)in the case of a transporter established in Great Britain, an authorisation granted under this article to the transport undertaking by the Minister;

(b)in the case of a transporter established in Northern Ireland, the Isle of Man or the Channel Islands, an authorisation to transport animals granted by the appropriate competent authority;

(c)in the case of a transporter established in another member State, an equivalent authorisation to transport animals granted by the competent authority of the member State of establishment for the purposes of implementing Council Directive 91/628/EEC; or

(d)in the case of a transporter established in a third country, an authorisation to transport animals granted by the competent authority of a member State of the European Union for the purposes of implementing Council Directive 91/628/EEC.

(2) An authorisation granted by the Minister under this article—

(a)shall be in writing;

(b)may be general or, after 1st October 1997, specific; and

(c)may be made subject to conditions.

(3) The provisions of Schedule 9 relating to authorisations shall have effect.

(4) In the case of a transporter authorised outside the United Kingdom, if the Minister is satisfied that serious or repeated infringements have taken place against this Order or any other legislation implementing Council Directive 91/628/EEC in the United Kingdom, provided that all the possibilities afforded by mutual recognition referred to in that directive have been exhausted and after contacts between the parties and the Commission, the Minister may, by notice in writing served on the transporter, temporarily prohibit the transporter from transporting vertebrate animals in Great Britain.

(5) Any person requiring a specific authorisation under this Order shall register as a transporter with the Minister.

Route plans

13.—(1) This article shall apply in relation to horses (other than registered horses), cattle, sheep, pigs and goats, where the animals are traded between member States or exported to third countries, provided that the journey time exceeds 8 hours.

(2) If there is more than one transporter for a journey, the provisions of this article shall be complied with by the person consigning the animals for the whole period of the journey.

(3) A transporter who intends to transport animals on a journey to which this article applies shall draw up on paper and sign a route plan which is in a form approved by the Minister containing the information set out in Schedule 11 and which covers the whole period of the journey.

(4) The transporter shall submit the signed route plan with his application for an export health certificate to the person appointed by the Minister to receive such documents for the area in which the journey will begin.

(5) If he is satisfied that the proposed journey is in compliance with the provisions of this Order, the person appointed by the Minister shall mark on the route plan the number or numbers of the export health certificates of the animals, stamp the route plan and ensure that it is returned to the transporter with the signed health certificate.

(6) No person shall transport animals on a journey to which this article applies unless he has received from the person appointed by the Minister a duly stamped route plan which relates to those animals and that journey.

(7) The transporter shall ensure that the original copy of the route plan is attached to the export health certificate and accompanies the consignment throughout the journey.

(8) The transporter shall ensure that, where the journey exceeds the time limits set out in Schedule 7, the transport of the animals is not begun unless—

(a)reservations have been made at all stopping or transfer points specified in the route plan, and he has received written confirmation of the reservations, and

(b)steps have been taken to meet the animals’ need for food and liquid during the journey, including contingency plans for when the route plan is changed or where the journey is interrupted for reasons beyond his control.

(9) The transporter shall ensure that the person in charge of the animals during the journey endorses on the route plan the times and places at which the animals transported are fed and watered during the journey, and that this information is written on the route plan at the time such feeding and watering takes place.

(10) Both the transporter of the animals and the person in charge of the animals during the journey shall take all reasonable steps to ensure that the route plan is complied with.

(11) When the journey is completed, the person who signed the route plan when it was originally submitted shall either—

(a)certify in writing on the route plan that it was complied with during the journey, or

(b)if it was not complied with, shall describe on the route plan the actual journey, together with the reasons for the route plan not being complied with, and

shall send it within 15 days of completion of the journey to the person referred to in paragraph (4) above, and shall keep proof that it was sent and of the date on which it was sent for a period of 6 months.

(12) The transporter shall keep a second copy of the route plan for a period of 6 months from completion of the journey, and shall produce it on demand at the request of an inspector and allow copies to be taken.

(13) In the case of exports direct to third countries from Great Britain, where the journey time within the European Union exceeds 8 hours, or where the animals are being exported to third countries by sea and the total travelling time exceeds 8 hours, the transporter—

(a)shall ensure that the route plan is certified (by means of stamp and signature) at the point of departure from Great Britain by a veterinary inspector after he has checked that the animals are fit to continue their journey, and

(b)within 15 days of the completion of the journey, sends back the route plan to the person referred to in paragraph (4) above.

(14) If a transporter is a limited company, the route plan shall be signed by a director of that company or a person wthin the company nominated by him in writing to act on behalf of the company.

(15) In this article, in relation to the transport of registered horses, it shall be for the transporter to prove if required by an inspector that the animals being transported are registered.

Animal Transport Certificate

14.—(1) A transporter shall ensure that, except where a route plan is required, all animals which he is transporting are accompanied throughout the journey (subject to the provisions of Schedule 7 Part II relating to markets) by documentation stating—

(a)the name and address of the transporter;

(b)the name and address of the owner of the animals;

(c)the place that the animals were loaded, and their final destination;

(d)the date and time the first animal was loaded;

(e)the date and time of departure; and

(f)the time and place the requirements for resting periods laid down in Schedule 7 were met.

(2) The provisions of paragraph (1) shall not apply in relation to the transport of poultry and domestic birds for a distance of 50 km or less where—

(a)the number of poultry and domestic birds so transported is less than 50, or

(b)the entire journey is on land occupied by the owner of the poultry and domestic birds.

(3) In the case of animals which are not cattle, sheep, pigs, goats, horses or poultry and domestic birds, the provisions in paragraph (1) shall not apply in relation to journeys of 50 km or less.

(4) The transporter shall keep a copy of the documentation for a period of 6 months from the completion of the journey, and shall produce it to an inspector on demand and allow copies to be taken.

(5) Where a copy of the documentation required to be kept in accordance with paragraph (4) above is kept in an electronic or magnetic form, references in that paragraph—

(a)to production of the copy shall be, if the inspector so requires, references to its production in a written form; and

(b)to allowing copies to be taken, shall be references to the taking thereof in a written form.

Exceptions

15.—(1) Where cattle, sheep, pigs, goats or horses are transported for a distance of 50 km or less, to, from or within land used for agricultural purposes in a vehicle owned by the owner or occupier of that land and the vehicle has an internal length of not more than 3.7 m available for the carriage of animals, then the following provisions shall not apply—

(i)article 14 (documentation);

(ii)paragraph 4 of Part I of Schedule 2 (overhead protection);

(iii)paragraph 5 of Part I of Schedule 2 (provision of barriers or straps);

(iv)paragraph 11 of Part II of Schedule 2 (internal ramps and lifting gear); and

(v)paragraph 6 of Part I of Schedule 1 to the Transit of Animals (Road and Rail) Order 1975(8).

(2) Where cattle, sheep, pigs, goats or horses are transported for a distance of 50 km or less in a vehicle which is used exclusively, in the course of a single day, for the transport of such animals between the same two points, other than between two markets, paragraph 26(1) of Part II of Schedule 1 (Cleaning and disinfection) shall not apply.

Third countries

16.—(1) No person shall import any animal from outside the European Union into Great Britain, either for consignment to a destination in Great Britain or transit through Great Britain, unless he has given a written undertaking to the Minister to comply with the requirements of Council Directive 91/628/EEC on the protection of animals during transport(9) and has made arrangements to comply with them.

(2) No person shall transport vertebrate animals from Great Britain to a destination outside the European Union unless the person in charge of the transport undertaking has first signed and dated an undertaking in the form set out in Schedule 10 (which, after it has been made, shall remain valid for all such journeys).

Enforcement

17.—(1) This Order shall be executed and enforced by the local authority.

(2) The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority.

Powers of an inspector

18.—(1) Where an inspector considers that animals are being transported, or are about to be transported, in a way which is likely to cause injury or unnecessary suffering, or in any other way in contravention of any provision of this Order, he may serve a notice on the person appearing to him to be in charge of the animals requiring that person to take any action necessary to ensure compliance with this Order, giving reasons for the requirements.

(2) Without prejudice to the generality of paragraph (1) above, an inspector may in particular—

(a)prohibit that transport of the animals, either indefinitely or for a period specified in the notice;

(b)specify conditions under which the animals may be transported;

(c)require the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;

(d)require the animals to be held in suitable accommodation with appropriate care until the problem is solved; or

(e)require the humane slaughter of the animals.

(3) If it is necessary for identification purposes, an inspector may mark an animal and it shall be an offence against the Animal Health Act 1981 for any person to remove, deface, obliterate or alter such mark.

(4) If any person fails to comply with the requirements of a notice served under this article, the inspector shall have powers to carry out those requirements himself, or cause them to be carried out, and the transporter shall be liable for the cost of such action.

(5) In deciding whether or not to serve a notice under this article, an inspector appointed by the Minister may take into account any previous failure to comply with any provision of this Order or of any other Order made under section 37, 38 or 39 of the Animal Health Act 1981 and in particular any failure to submit a completed and correct route plan at the end of any previous journey.

Production of plans

19.—(1) The owner or charterer of any vessel to be used for the transport of animals shall—

(a)produce to an officer of the Minister, on demand, plans of the vessel (including details of its ventilation and any fittings for livestock); and

(b)subject to paragraph (2), provide such information concerning the vessel as the officer considers necessary to enable him to ascertain whether the provisions of this Order will be complied with during the proposed journey.

(2) No person shall be obliged by virtue of paragraph (1) to provide any information which he cannot, with the exercise of reasonable diligence, obtain.

Offences by bodies corporate

20.—(1) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of,

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under this Order is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Offences

21.  Any person who without lawful authority or excuse, proof of which shall lie on him—

(a)contravenes or fails to comply with any provision of this Order;

(b)provides false information on any route plan (whether when submitted for approval, returned to the officer of the Minister after the journey or otherwise) or provides false information on any documentation carried pursuant to article 14;

(c)makes any entry in a record or statement, or gives any information for the purposes of this Order which he knows to be false in any material particular or, for those purposes, recklessly makes a statement or gives any information which is false in any material particular; or

(d)causes or permits any of the above,

commits an offence against the Animal Health Act 1981.

Revocations and disapplication

22.  The provisions of Schedule 12 (revocations and disapplication) shall have effect.