The Welfare of Animals during Transport Order 1994

Explanatory Note

(This note does not form part of the Order)

This Order revokes and re-enacts with modifications the Welfare of Animals during Transport Order 1992. Taken with other welfare legislation, it implements Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p.17). The other legislation referred to is as follows—

• The Transit of Animals Order 1927

• The Animals (Sea Transport) Order 1930

• The Horses (Sea Transport) Order 1952

• The Transit of Animals (General) Order 1973

• The Transit of Animals (Road and Rail) Order 1975

• The Importation of Animals Order 1977

• The Welfare of Poultry (Transport) Order 1988.

The Order makes general provision for the welfare of animals in transport (articles 3 and 4). It sets out feeding and watering intervals for animals in transport (article 5) and requires persons who transport animals in the course of business to ensure that animals are entrusted to people possessing the appropriate knowledge (article 6). It requires journey plans for certain journeys (article 7) and animal transport certificates for all others (article 8).

There are exceptions in relation to pets and certain short journeys (articles 2 and 9). There are special provisions in relation to deer in velvet (article 3(4)).

The Order refers to the guidelines issued by the International Air Transport Association (“IATA”) and under the Convention on International Trade in Endangered Species (“CITES”) (article 10). Copies of the relevant documents can be obtained from—

IATA	Tabmag Publishing Ltd Grove House 31-37 Church Road Ashford Middlesex TW15 2UE
	Freight Merchandising Services c/o Vidap Freight Services Green Lane Hounslow Middlesex TW4 6DD
	Label Line Hollyhouse 14 Tenby Road Frimley Surrey GU16 5UT
CITES	Department of the Environment Tollgate House Houlton Street Bristol BS2 9DJ

It prohibits importation of animals from third countries except under the conditions required by Directive 91/628/EEC (article 13).

The Order is enforced by the local authorities (article 14).

Inspectors are given power to stop a journey, where the animals' welfare requires it (articles 15 and 16). Ministry inspectors may take into account previous conduct of the transporter in exercising these powers (article 15(3)).

Contravention of the provisions of the Order constitutes an offence under the Animal Health Act 1981 and may be punished under section 75 of the Act.