The Welfare of Animals (Transport) Order 1997

Explanatory Note

(This Note is not part of the Order)

This Order revokes and re-enacts with modifications the Welfare of Animals during Transport Order, 1994, as amended, and other animal welfare legislation, which together with that Order implemented Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p.17).

This Order implements that Directive as amended by Council Directive 95/29/EEC (OJ No. L18, 30.6.95, p.52). The extent of its application is set out (article 2).

The Order makes general provision for the welfare of animals in transport. It includes provisions as to the means of transport or receptacles used (article 4), the amount of space available to each animal (article 5) and the fitness of animals to travel (article 6). It requires animals that fall ill or are injured in the course of transport to be treated (article 7).

The Order contains requirements on the feeding and watering of animals before and during a journey and on journey times and rest periods (article 8). It requires persons who transport animals in the course of business to ensure that animals are accompanied by a person possessing appropriate knowledge and the ability to safeguard their welfare (article 9). Further duties on transporters are set out (article 10).

The Order requires compliance with the guidelines issued under the Convention on International Trade in Endangered Species (“CITES”) and the standards set by the International Air Transport Association (“IATA”) (article 11).

The Order makes provision for the authorisation of transporters to transport vertebrate animals on journeys over 50 kilometres (article 12).

It requires route plans for certain journeys and other documentation where no route plan is required (articles 13 and 14).

The Order excepts certain journeys from certain of its provisions (article 15). It contains requirements relating to the transport of animals to and from third countries (article 16).

The Order is enforced by local authorities (article 17).

Inspectors are given powers to require compliance with the Order, including the power to stop a journey. Ministry inspectors may take into account a previous failure to comply with the Order, including a failure to submit a route plan, in exercising these powers (article 18).

Owners or charterers of vessels used to transport animals are required to produce information on demand to an officer of the Minister of Agriculture, Fisheries and Food, which may include a plan of the vessel (article 19).

A contravention of any provision of the Order constitutes an offence against the Animal Health Act 1981 punishable in accordance with section 75 of the Act (article 21).

A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Welfare Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.