The Welfare of Animals (Transport) (England) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in England for the administration and enforcement of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations (OJ L 3, 5.1.2005. p.1.).

It also provides for the administration and enforcement of Council Regulation 1255/97 concerning Community criteria for staging points (OJ L 174, 2.7.97 p.1.).

It revokes the Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (OJ No L340, 11.12.91, p 17).

Part 2 of the Order enforces the requirements of Council Regulation (EC) No 1/2005 in relation to transport (article 5), transporters (article 6), roll-on-roll-off vessels (article 7) organisers (article 8), keepers (article 9) and assembly centres (article 10). It also enforces the requirements of Council Regulation (EC) No 1255/97 in relation to control posts (article 11). Article 11 makes it an offence to use an unapproved control post and to operate a control post without prior approval.

Part 3 provides derogations relating to means of transport by road used in respect of journeys not exceeding 12 hours in order to reach the final destination (articles 12 to 19).

Part 4 provides for the amendment, suspension or revocation of approvals, authorisations or certificates and for representations against a notice to amend, suspend or revoke them (articles 20 to 23).

Inspectors are given powers to require compliance with the Order, including the power to stop a journey (article 24).

Owners and charterers of vessels used to transport animals are required to produce information on demand to an officer of the Secretary of State, which may include a plan of the vessel (article 26).

The Order is enforceable by local authorities (article 29).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Welfare Division of the Department for Environment, Food and Rural Affairs, Area 507, 1A Page Street, London, SW1P 4PQ or by email from aw-transport@defra.gsi.gov.uk.