Powers of inspectors in the course of transport16

1

If it is found in the course of transport that any person who transports animals in the course of a business or trade is transporting an animal in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with any of the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, an inspector may by notice served on the person appearing to him to be in charge of the animal require that person to take any action which the inspector considers necessary in order to safeguard the welfare of the animals concerned, giving reasons for such requirement.

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

specify conditions under which the animals may be transported;

c

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

d

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 requirements himself, or cause them to be carried out, and the person in charge of the transport undertaking shall be liable for the cost of such action.

4

An inspector serving a notice under this article shall send a copy to the transport undertaking at the address shown on the journey plan or animal transport certificate or, if there is no journey plan or certificate, to the head office of the undertaking.