Welfare of Animals during Transport Order 1992

Title, commencement, extension of definitions and interpretation

1.—(1) This Order may be cited as the Welfare of Animals during Transport Order 1992 and shall come into force on 1st January 1993.

(2) For the purposes of the Act in its application to this Order—

(a) the definition of animals in section 87(1) of the Act shall be extended to comprise

(i) any kind of mammal except man,

(ii) any kind of four footed beast which is not a mammal,

(iii) any fish, reptiles, crustaceans, and

(iv) any other cold blooded creatures of any species; and

(b) the definition of poultry in section 87(4) of the Act shall be extended to comprise all species of bird.

(3) In this Order—

“the Act” means the Animal Health Act 1981;

“animal” includes any animal and any bird.

(4) In this Order, except where the context otherwise requires, distances shall be calculated from the start of the transport of the animals to the place of destination and the calculation of journey times shall include the time taken in loading and unloading the animals.

(5) A notice served under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked in writing at any time.

Exemption

2.  This Order shall not apply to the transport of pet animals unless in the course of a trade or business.

General provisions on protection of animals

3.—(1) No person shall cause or permit an animal to be transported in a way which causes or is likely to cause injury or unnecessary suffering to the animal.

(2) No person shall cause or permit the transport of an animal that is unfit by reason of it being in the state of being newborn, diseased, infirm, ill, injured or fatigued or having given birth within the preceding 48 hours or likely to give birth during transport or for any other reason.

(3) Notwithstanding the provisions of paragraph (2) above, a bovine, ovine, caprine, porcine or equine animal may be transported to the nearest place for veterinary treatment or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness, but such an animal may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment.

(4) Notwithstanding the provisions of paragraph (2) above, an animal may be transported for scientific research purposes by or on behalf of the holder of a licence granted under the Animals (Scientific Procedures) Act 1986(1).

(5) No person shall cause or permit a cervine animal in velvet to be transported unless the journey is of 50 km or less and special precautions are taken to protect it from injury and unnecessary suffering.

Feeding and watering intervals

4.—(1) Subject to paragraphs (2), (3) and (4) below, it shall be the duty of any person in charge of an animal which is being transported on a vessel, aircraft, railway or vehicle to ensure that—

(a) as suitable to its species, it has been provided with water and appropriate food before the start of any journey, and

(b) at suitable intervals during the journey, it is provided with water, food and rest.

(2) In respect of bovine, ovine, caprine, porcine and equine animals the interval between the occasions when rest, food and water are provided in accordance with paragraph (1)(b) above shall not exceed 15 hours.

(3) In respect of domestic dogs and cats—

(a) the interval between the occasions when food is provided in accordance with paragraph (1)(b) above shall not exceed 24 hours and the interval between the occasions when water is so provided shall not exceed 12 hours, and

(b) clear, written instructions must be given to the persons responsible for feeding and watering them.

(4) The provisions of paragraph (1) above shall not apply in the cases of

(a) poultry and rabbits if their transport is completed within 12 hours (disregarding the time taken in loading and unloading), and

(b) poultry chicks, if their transport is completed within 72 hours of their being hatched and lasts less than 24 hours.

In this paragraph and in article 6(2)(b) “poultry” means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails.

Persons having control of animal transport undertakings

5.  Subject to article 6 below, every person having control of any animal transport undertaking which transports animals in the course of business or trade shall—

(a) ensure that the animals are entrusted only to persons possessing the knowledge necessary to administer appropriate care to the animals in transport;

(b) ensure, in the case of animals travelling unaccompanied, that the consignee is prepared to receive them;

(c) ensure that the animals are transported without delay to their place of destination;

(d) ensure that during the journey the consignment is accompanied by a certificate signed by him or on his behalf stating:

(i) the origin and ownership of the animals,

(ii) their place of departure and place of destination, and

(iii) the date and time of departure;

(e) draw up for journeys exceeding 24 hours a journey plan showing—

(i) the arrangements for the animals to be rested, fed and watered, and (if necessary) unloaded and given accommodation appropriate to their species;

(ii) the arrangements for feeding and watering in the event that the planned journey is changed or disrupted,

and ensure that during the journey the consignment is accompanied by the journey plan; and

(f) ensure that copies of the journey plan and the certificate required by this article are kept for a period of six months from the end of the journey and produce them at the request of an inspector.

Exceptions

6.—(1) Where animals of the bovine, ovine, caprine or porcine species or domestic equines are transported—

(a) for a distance of 50 km or less, to, from or within land used for agricultural purposes,

(b) in a vehicle owned by the owner or occupier of that land, and

(c) the vehicle has a compartment for the animals not more than 3.1 metres long,

then the following provisions shall not apply

(i) article 8(5) of the Transit of Animals (Road and Rail) Order 1975(2) (the requirement to protect the animals from the motion of the means of transport); and

(ii) paragraphs 3 (provision of barriers or straps), 6 (internal ramps and lifting gear) and 11 (protective cover) (so far as the last requires the vehicle to be equipped with suitable overhead protection) of Schedule 1 to the Transit of Animals (Road and Rail) Order 1975;

(iii) article 5(d), (e) and (f) of this Order.

(2) Article 5(d), (e) and (f) of this Order shall not apply to transport of

(a) equine animals kept for private recreation or private sporting purposes; and

(b) poultry which are transported for a distance of 50 km or less where

(i) the number of poultry so transported is less than 50, or

(ii) the journey is within the land occupied by the owner of the poultry.

(3) Articles 5(d), (e) and (f) of this Order shall not apply to the transport for a distance of 50 km or less of any animal not referred to in paragraphs (1) and (2) above.

IATA Standards and CITES Guidelines

7.—(1) No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association.

(2) No person shall transport an animal to which the Convention on International Trade in Endangered Species refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals.

Other provisions additional to existing welfare legislation

8.  In addition to the provisions of Orders made under section 37, 38 or 39 of the Act, it shall be an offence for any person to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 1 to this Order.

Third countries

9.  No person shall import any animal from outside the European Community into Great Britain, either for importation into Great Britain or transit through Great Britain, unless he has given a written undertaking to comply with the requirements of Council Directive 91/628/EEC on the protection of animals during transport(3) and has made arrangements to comply with them.

Enforcement

10.—(1) This Order shall be executed and enforced by the local authority.

(2) The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority.

Powers of an inspector before transport begins

11.—(1) Where an inspector considers that an animal intended to be transported is not fit for the intended journey, either because such transport would contravene article 3 of this Order or for any other reason, he may mark or otherwise identify the animal and may by notice served on the person appearing to him to be in charge of the animal—

(a) prohibit that transport of the animal, either indefinitely or for a period specified in the notice, or

(b) subject to article 3 above, specify conditions under which the animal may be transported.

(2) Where an inspector considers that any person who transports animals in the course of business or trade is about to transport any animal, or cause any animal to be transported, in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, he may by notice served on the person in charge of the animal—

(a) prohibit such transport, either indefinitely or for the period specified in the notice, or

(b) specify conditions under which the animal may be transported.

(3) It shall be an offence under section 72 of the Act for any person to remove or deface any mark or other identification applied by an inspector under paragraph (1) above.

Powers of inspectors in the course of transport

12.—(1) If it is found in the course of transport that the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act are not being or have not been complied with, an inspector may by notice in writing served on the person in charge of the animals require that person to take any action which the inspector considers necessary in order to safeguard the welfare of the animals concerned.

(2) Without prejudice to the generality of paragraph (1) above, an inspector may in particular—

(a) 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;

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

(c) require the humane slaughter of the animals.

(3) If any person in charge of the animals fails to comply with the requirements of the notice, the inspector shall have powers to carry out such measures himself, or cause them to be carried out, and the costs of such measures shall be recoverable from the person in charge of the transport undertaking on demand by the local authority or the appropriate Minister as the case may be.

Revocation and disapplication

13.—(1) The provisions in Schedule 2 to this Order are hereby revoked to the extent specified in that Schedule.

(2) The Export of Animals (Protection) Order 1981((4)) shall not apply to the export of animals to another member State of the European Economic Community.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on 22nd December 1992.

(L.S.)

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under-Secretary of State,

Scottish Office

23rd December 1992

David Hunt

Secretary of State for Wales

29th December 1992