The Transit of Animals (Amendment) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order amends the Transit of Animals (General) Order 1973 (“the 1973 Order”) and the Transit of Animals (Road and Rail) Order 1975 (“the 1975 Order”), thereby implementing certain requirements of Council Directive 77/489/EEC (OJ No. L200, 8.8.77, p.10) on the protection of animals during international transport, in respect of which those Orders do not at present make specific provision.

The changes made to the 1973 Order are as follows:—

(1) the duty imposed by the 1973 Order on any person in charge of an animal which is being loaded into, unloaded out of or carried in a vessel, aircraft or vehicle to ensure that the animal is not, and will not be, caused injury or unnecessary suffering by reason of certain specified causes is replaced by a duty which is imposed on such a person to ensure that the animal is protected from certain specified matters (such as the action of the weather), is not subjected to any severe jolts or shaking, is provided with an adequate supply of fresh air and is prevented from escaping from or falling out of the vessel, aircraft or vehicle (article 2(a)(i) and (ii));

(2) a prohibition on the carriage of deer with antlers in velvet by sea, air, road or rail is included in the 1973 Order unless special precautions are taken to protect them from harm during carriage (article 2(a)(iii) );

(3) a prohibition on the carriage of cold-blooded animals by sea, air, road or rail, unless they are carried in such containers, under such conditions and with such supplies of water and oxygen as are appropriate for their species is included in the 1973 Order (article 2(b));

(4) the duty imposed by the 1973 Order on the owner or charterer of a vessel and on the operator of an aircraft in which animals are being carried and on the carrier or other person in charge of animals being carried by road and rail in respect of the feeding, watering and general care of the animals during their carriage is extended so as to require such person to ensure that the animals are carried to their destination as soon as possible and that delays are minimised (article 2(c)(i));

(5) a duty is imposed on the owner or charterer of a vessel and on the operator of an aircraft in which any horses, rabbits, dogs or cats are being carried in the course of international transport (being any movement which involves or is intended to involve the crossing of a frontier) and on the carrier or other person in charge of any such animals being carried by road or rail in the course of international transport to ensure that, subject to certain specified exceptions—

(a) in the case of horses, they are not left for more than 24 hours without being fed and watered,

(b) in the case of rabbits, suitable food and, if necessary, water is available in adequate quantities, and

(c) in the case of dogs and cats, they are fed at intervals of not more than 24 hours and are given water at intervals of not more than 12 hours and clear written instructions are given to those persons responsible for feeding and watering them (article 2(c)(ii));

(6) the duty imposed by the 1973 Order on the consignor, carrier or other person for the time being in charge of an animal which is to be carried in a receptacle is extended so as to require such persons to ensure that the receptacle is escape-proof and easy to keep clean (article 2(d)); and

(7) the duty imposed by the 1973 Order on the carrier or other person in charge of an animal which is to be carried in a receptacle on a vessel, aircraft or vehicle is extended so as to require such persons to ensure that the receptacle is kept in an upright position and, if it is placed on top of another receptacle containing animals, to ensure that precautions are taken to prevent excreta falling on to the animals below (article 2(d)); and

(8) a duty is imposed on the carrier or other person in charge of animals being carried on any vessel, aircraft or vehicle to ensure that any ropes used for tethering the animals will not break under normal conditions and are long enough to allow the animals to lie down and eat and drink (if necessary), that any cattle are not tethered by the horns and that the animals are not carried in proximity to any goods the presence of which is likely to prejudice their welfare (article 2(e)).

The changes made to the 1975 Order are as follows:—

(1) the provisions of the 1975 Order relating to the protection of animals when being loaded into or unloaded out of a vehicle or receptacle are extended so as to include a requirement that any receptacle containing animals shall be kept in an upright position while being loaded into or unloaded out of a vehicle (article 3(a));

(2) a duty is imposed on the carrier or other person in charge of an animal being carried in a vehicle to ensure that it is carried to its destination as soon as possible and that delays are minimised (article 3(b)(i));

(3) the requirement in the 1975 Order that animals shall only be carried in a vehicle or receptacle in such a way as will ensure that they are not caused injury or unnecessary suffering by reason of certain specified causes is replaced by a provision prohibiting any animals being carried in a vehicle or receptacle unless they are carried in such a way as will ensure that certain specified requirements are satisfied, in particular that they are protected from the weather and are provided with an adequate supply of fresh air during their confinement in the vehicle or receptacle (article 3(b)(ii)); and the new requirement will not make it unlawful in certain cases for sheep which are carried in a vehicle (otherwise than in the course of international transport) to be carried without a protective covering, so long as they are not thereby caused injury or unnecessary suffering (article 3(b)(iv) and (v));

(4) a prohibition on an animal being carried in a compartment of a vehicle or receptacle in which any goods which are likely to prejudice its welfare have been loaded is included in the 1975 Order (article 3(b)(iii));

(5) provisions are included in the 1975 Order requiring any receptacle which is being used for the carriage of animals on a vehicle to be secured so as to ensure that it remains in the upright position and to be soundly constructed, escape-proof, easy to keep clean and safe for the animals carried in it (article 3(c)); and

(6) a duty is imposed on the carrier or other person in charge of animals being carried by road or rail to ensure that any ropes or other attachments used for tethering the animals during their carriage will not break under normal conditions and are long enough to allow the animals, if necessary, to lie down and to eat and drink and that cattle are not tethered by the horns (article 3(d)).