The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

Interpretation E+W+S

2.—(1) In this order, unless the context otherwise requires—

“the Act” means the Diseases of Animals Act 1950, as amended or extended by any subsequent enactment;

“animal” means an animal (other than man) belonging to any of the orders of mammals specified in Part I and Part II of Schedule 1 to this order;

“authorised carrying agent” means a person authorised by the Minister under Article 10 of this order to carry animals;

“authorised quarantine premises” means premises authorised by the Minister under Article 9 of this order for use for the detention and isolation of animals in quarantine;

“cat” means an animal belonging to the species Felis catus of the order of mammals Carnivora;

“contact animal” means an animal belonging to any of the orders of mammals specified in Part III of Schedule 1 to this order;

“dog” means an animal belonging to the species Canis familiaris of the order of mammals Carnivora;

[F1 “harbour” means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway, and includes a dock, a wharf, any place at which hovercraft are loaded or unloaded and, in Scotland, a boatslip being a marine work within the meaning of section 57 of the Harbours Act 1964;]

“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister of Agriculture, Fisheries and Food or by a local authority, and, when used in relation to an inspector of the said Minister, includes a veterinary inspector;

“licence” means a licence granted under this order, and includes any permit, approval or other form of authorisation;

F2 ...

“the Minister” and “the Ministry” mean respectively, in the application of this order to England and Wales, the Minister and the Ministry of Agriculture, Fisheries and Food, and, in its corresponding application to Scotland, the Secretary of State and the Department of Agriculture and Fisheries for Scotland;

[F3 “the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;]

[F4 “the Pets Regulation quarantine end date” means the earliest of either—

(a)

in the case of—

(i)

a cat or ferret subject to Article 6 of the Pets Regulation, the date on which the animal satisfies the requirements of that Article,

(ii)

a cat or ferret subject to Article 10 of the Pets Regulation, the date on which the animal satisfies the requirements of that Article,

(iii)

a dog subject to Article 6 of the Pets Regulation and Article [F5 6] of the supplementary Regulation, the date on which the dog satisfies the requirements of both Articles,

(iv)

a dog subject to Article 6 of the Pets Regulation but exempt from Article [F6 6] of the supplementary Regulation, the date on which the dog satisfies the requirements of Article 6 of the Pets Regulation,

(v)

a dog subject to Article 10 of the Pets Regulation and Article [F7 6] of the supplementary Regulation, the date on which the dog satisfies the requirements of both Articles, or

(b)

where the animal satisfies the requirements applicable to it under sub-paragraphs (a)(i) to (v) above, but does not satisfy the requirements in relation to rabies under Article 6(b) or Article 10(b) and (c) of the Pets Regulation as appropriate, the date of the expiry of a period of four months beginning with the date on which the animal is detained for the purposes of isolation in quarantine.]

F2 ...

“registered medical practitioner” means a person included in the Medical Register maintained by the General Medical Council [F8 who holds a licence to practise];

“research premises” means premises at which animals which have been brought to Great Britain from a place outside Great Britain are used in connection with scientific research;

[F9 ‘vessel’ includes hovercraft;]

“veterinary inspector” means a veterinary inspector appointed by the Minister of Agriculture, Fisheries and Food;

“veterinary surgeon” means a veterinary surgeon entered in a register maintained under section 2 of the Veterinary Surgeons Act 1966.

[F10 (1A) In this Order “control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994.]

[F11 (1B) For the purposes of the definition of “the Pets Regulation quarantine end date” in paragraph (1), “the supplementary Regulation” means Commission Delegated Regulation (EU) No [F12 2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs].]

(2) For the purposes of this order, an animal shall be deemed to have been landed in Great Britain immediately it is unloaded or taken out of, or in any other manner leaves or escapes from, a vessel [F13 , vehicle] [F14 or aircraft, or immediately it is brought into a control zone in France [F15 or Belgium], and “land” and “landing” shall be construed accordingly]:

Provided that this paragraph shall not apply in respect of an animal which is, under the authority of an inspector, transported by water directly from one vessel to another, without the boat in which the animal is carried touching land, or the animal being put on land.

(3) The Animals (Importation) Order of 1930(1) shall not apply to animals brought to Great Britain under this order.

(4) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament, and as if this order and the orders hereby revoked were Acts of Parliament.

Textual Amendments

F1 Words in art. 2(1) inserted (1.1.1987) by The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1986 (S.I. 1986/2062), arts. 1, 2(a)

F2 Words in art. 2(1) revoked (28.3.1977) by The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1977 (S.I. 1977/361), arts. 1, 3(2)(b)

F3 Words in art. 2(1) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), art. 1(3), Sch. para. 2(1)(a)

F4 Words in art. 2(1) substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), art. 1(3), Sch. para. 2(1)(b)

F5 Word in art. 2(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 8(2)(a)

F6 Word in art. 2(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 8(2)(a)

F7 Word in art. 2(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 8(2)(a)

F8 Words in art. 2(1) inserted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2), Sch. 1 para. 17 (with Sch. 2)

F9 Words in art. 2(1) inserted (28.3.1977) by The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1977 (S.I. 1977/361), arts. 1, 3(2)(c)

F10 Art. 2(1A) substituted (coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(1), Sch. 4 para. 1(a)

F11 Art. 2(1B) inserted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), art. 1(3), Sch. para. 2(2)

F12 Words in art. 2(1B) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 8(2)(b)

F13 Word in art. 2(2) inserted (1.1.2012) by The Non Commercial Movement of Pet Animals Order 2011 (S.I. 2011/2883), art. 1(3), Sch. para. 2(b) (with art. 19)

F14 Words in art. 2(2) substituted (coming into force in accordance with art. 1 of the amending S.I.) by The Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813), art. 1, Sch. 5 Pt. 2 para. 2(b)

F15 Words in art. 2(2) inserted (coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(1), Sch. 4 para. 1(b)

Commencement Information

I1 Art. 2 in force at 5.2.1975, see art. 1

(1)

(Rev. II, p. 331: 1930, p. 52).