The Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

PART V N.I. MISCELLANEOUS

Powers of inspectors N.I.

24.—(1) The following provisions of the 1981 Order shall apply as if these Regulations were an order made under the 1981 Order—

(a) Article 46 (general powers of inspectors);

(b) Article 46A (powers of inspectors relating to [F1 retained EU law or Protocol] obligations); and

(c) Article 48 (powers to detain vessels and aircraft).

(2) An inspector may, if he considers animals are being transported, or are about to be transported, in a way which contravenes any provision of these Regulations or the Council Regulations, 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 these Regulations or the Council Regulations, giving reasons for the requirements.

(3) F2 ... [F3 A notice under paragraph (2)] may in particular—

(a) prohibit the 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 animals not fit to complete their journey to be unloaded, watered, fed or rested;

(e) require the animals to be held in suitable accommodation with appropriate care until the problem identified in the notice is solved;

(f) require the humane slaughter or killing of the animals; or

(g) require a means of transport or container to be repaired or replaced before it is used to transport animals.

(4) Where it is necessary for identification purposes, an inspector may mark an animal.

(5) An inspector may take copies of any document inspected for the purpose of ascertaining whether the provisions of these Regulations or the Council Regulations have been complied with.

(6) An inspector may serve on the owner, or any person appearing to him to be in charge of a control post, a notice requiring him to take any action the inspector reasonably considers necessary to ensure compliance with, or remedy any infringement of, Council Regulation 1255/97.

(7) In particular, [F4 a notice under paragraph (6)] F5 ...may—

(a) require one or more animals at a control post to be removed from the control post;

(b) specify conditions under which animals may remain there.

(8) In deciding whether to serve a notice under this regulation, an inspector may take into account any previous failure to comply with any provision of these Regulations or of any other order made under Articles 21, 22, 23 or 23A of the 1981 Order or point 8 of Annex II to Council Regulation 1/2005 (return of documents after completion of journey).

[F6 (9) A person who fails to comply with a notice served under paragraph (2) or (6) is guilty of an offence.]

Textual Amendments

F1 Words in reg. 24(1)(b) substituted (31.12.2020) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), regs. 1(3), 18

F2 Words in reg. 24(3) omitted (12.2.2007) by virtue of The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 6(a)(i)

F3 Words in reg. 24(3) inserted (12.2.2007) by The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 6(a)(ii)

F4 Words in reg. 24(7) inserted (12.2.2007) by The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 6(b)(ii)

F5 Words in reg. 24(7) omitted (12.2.2007) by virtue of The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 6(b)(i)

F6 Reg. 24(9) inserted (12.2.2007) by The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 6(c)

Commencement Information

I1 Reg. 24 in operation at 5.1.2007, see reg. 1

Powers of inspectors in case of default N.I.

25.—(1) Where a person fails to comply with a requirement of these Regulations, the Council Regulations or an approval, authorisation certificate or notice, an inspector may take any steps he considers necessary to ensure the requirement is met.

(2) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such debt is recoverable summarily.

Commencement Information

I2 Reg. 25 in operation at 5.1.2007, see reg. 1

Compliance with notices N.I.

26.  A notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

Commencement Information

I3 Reg. 26 in operation at 5.1.2007, see reg. 1

Production of plans N.I.

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

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

(b) provide such information concerning the vessel as the inspector considers necessary to enable him to ascertain whether the provisions of these Regulations will be complied with during the proposed journey.

(2) A person is not obliged by virtue of paragraph (1) to provide any information which he cannot, with the exercise of reasonable diligence, obtain.

[F7 (3) Subject to paragraph (2), a person who fails to comply with paragraph (1) is guilty of an offence.]

Textual Amendments

F7 Reg. 27(3) inserted (12.2.2007) by The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 7

Commencement Information

I4 Reg. 27 in operation at 5.1.2007, see reg. 1

Obstruction N.I.

28.—(1) Any person who—

(a) without reasonable cause, fails to give any person acting in the execution of Council Regulation 1/2005, Council Regulation 1255/97 or these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under those Regulations or these Regulations;

(b) provides any person acting in the execution of these Regulations with any information he knows to be false or misleading;

(c) provides false information on any journey log (whether submitted for approval, returned to the officer of the Department after the journey or otherwise) or provides false information on any documentation carried pursuant to Article 4 of Council Regulation 1/2005;

(d) makes an entry in a record or statement, or gives any information for the purposes of these Regulations, 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 or misleading in any material particular;

(e) intentionally obstructs a person in the exercise of his powers under these Regulations; or

(f) causes or permits any of the above,

shall be guilty of an offence.

(2) Nothing in paragraph (1) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Commencement Information

I5 Reg. 28 in operation at 5.1.2007, see reg. 1

Offences N.I.

F8 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 29 omitted (12.2.2007) by virtue of The Welfare of Animals (Transport) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/32), regs. 1, 8

Penalties N.I.

30.  A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding 3 months or to both.

Commencement Information

I6 Reg. 30 in operation at 5.1.2007, see reg. 1

Revocations N.I.

31.  The following Orders are hereby revoked—

(a) the Welfare of Animals (Transport) Order (Northern Ireland) 1997(1);

(b) the Welfare of Animals (Staging Points) Regulations (Northern Ireland) 1999(2); and

(c) the Welfare of Animals (Transport) (Amendment) Order (Northern Ireland) 1999(3).

Commencement Information

I7 Reg. 31 in operation at 5.1.2007, see reg. 1

(1)

S.R. 1997No. 346

(2)

S.R. 1999 No.326

(3)

S.R. 1999 No.380