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

Prohibition on landing of animals in Great Britain E+W+S

4.—(1) Subject to the provisions of this order, the landing in Great Britain of an animal brought from a place outside Great Britain is hereby prohibited.

(2) The prohibition on landing contained in paragraph (1) above shall not apply to an animal brought to Great Britain from a place in Northern Ireland, the Republic of Ireland, the Channel Islands or the Isle of Man:

[F1 Provided that, where an animal has been brought to that place from a place outside those countries (other than a place in Great Britain), the said prohibition shall apply to that animal unless

(a) it is a cat or dog which was subject to a commercial transaction and was imported into one of those countries from another member State in accordance with the provisions of article 10.3 of Council Directive 92/65/EEC, or

(b) in any other case it has been detained and isolated in quarantine for a period of at least six calendar months before being landed in Great Britain.]

(3) The prohibition on landing contained in paragraph (1) above shall not apply when the landing is under the authority of a licence previously granted by the Minister, and in accordance with the terms and conditions subject to which it was granted.

(4) The ports and airports which alone may be used for the landing of animals in Great Britain are the ports and airports respectively specified in Part I and Part II of Schedule 2 to this order:

Provided that nothing in this paragraph shall be construed as precluding the Minister, on his being satisfied that exceptional circumstances exist in connection with the bringing to Great Britain of a particular animal, from granting a licence for the landing of that animal at a port or airport other than a port or airport specified in that Schedule.

[F2 (4A) Paragraph (4) above shall not have effect in relation to the landing in Great Britain of an animal to which paragraph (2) above applies unless that animal is one referred to in the proviso to that paragraph.]

(5) Nothing in paragraph (4) above shall render it unlawful (subject to the authority of an inspector first having been obtained) for an animal to which this order applies to be landed at a place in Great Britain other than the port or airport at which the animal is licensed to be landed to which the vessel or, as the case may be, the aircraft which is bringing the animal to Great Britain is ordered to be diverted in the interest of safety, or in the light of other exceptional circumstances.

(6) Notwithstanding the provisions of paragraph (2) above, if at any time the Minister has reason to believe that there is an outbreak of rabies in one of the countries referred to in that paragraph, and it appears to him to be necessary to act as a matter of urgency for the purpose of preventing the introduction of that disease into Great Britain, he may direct that the provisions of paragraph (1) above shall apply to animals brought to Great Britain from that country and any such direction shall remain in force for a period of 28 days unless revoked by a subsequent direction before the end of that period.

(7) Where the Minister makes a direction under paragraph (6) above, he shall take all reasonable steps to bring it to the notice of any person who is likely to be affected by it, and in any proceedings for an offence arising by virtue only of the direction, it shall be a defence that at the time when the offence was committed the accused had no reason to believe that the direction was in existence.

(8) For the purposes of this order, an animal which—

(a) is taken from a place in Great Britain, Northern Ireland, the Republic of Ireland, the Channel Islands or the Isle of Man to a place outside those countries (whether or not it is landed at that place, or comes into contact with any other animal while there, or during the journey thereto or therefrom), or

(b) while outside Great Britain, comes into contact with an animal to which, if it were brought to Great Britain, the prohibition on landing contained in paragraph (1) above would apply,

shall be deemed to be an animal brought from a place outside Great Britain when landed in Great Britain.

[F3 (9) Subject to paragraph (10) below, where an animal landed in Great Britain is brought into Great Britain from a place other than a country outside Great Britain, the prohibition on landing contained in paragraph (1) above shall apply to that animal if while outside Great Britain it has been or may have been in contact with an animal to which, if it were brought into Great Britain, the prohibition on landing contained in paragraph (1) above would apply.

(10) The prohibition on the landing of an animal brought into Great Britain from a place other than a country outside Great Britain contained in paragraph (9) above shall not apply to a dog belonging to the police, Her Majesty's Customs and Excise or Her Majesty's Forces which is kept under the constant control of a trained handler while outside Great Britain.]

Textual Amendments

F1 Words in art. 4(2) substituted (1.7.1994) by The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994 (S.I. 1994/1716), arts. 1, 2(2)

F2 Art. 4(4A) inserted (28.3.1977) by The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1977 (S.I. 1977/361), arts. 1, 3(3)

F3 Art. 4(9)(10) inserted (1.9.1984) by The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1984 (S.I. 1984/1182), arts. 1, 2(a)

Commencement Information

I1 Art. 4 in force at 5.2.1975, see art. 1