The Transport of Animals (Cleansing and Disinfection) (England) Order 2003

Title, commencement, extent and extension of definitions

1.—(1) This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) Order 2003 and shall come into force on 4th March 2003.

(2) This Order shall extend to England only.

(3) For the purposes of the Animal Health Act 1981 in its application to this Order—

(a) the definitions of animals and poultry in subsections (1) and (4) of section 87 of that Act are extended so as to comprise all mammals except man and all birds; and

(b) the definitions of disease in subsections (1) and (3) of section 88 of that Act are extended so as to comprise all diseases of animals and poultry.

Interpretation

2.—(1) In this Order—

“animal” includes bird;

“means of transport” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it; and

“equipment” means any equipment carried with a means of transport for use with animals.

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

Cleansing and disinfection in relation to the transport of hoofed animals and poultry

3.—(1) This article shall apply in relation to the transport of—

(a) hoofed animals;

(b) racing pigeons; and

(c) the following, if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game: domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites,

and references in this article to “animal” shall be construed accordingly.

(2) In the circumstances set out in Schedule 1, the requirements of article 4 shall apply instead of the requirements of this article.

(3) The user of any means of transport which has been used to transport any animal, or anything which may give rise to a risk of transmission of disease, shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and any equipment are cleansed and disinfected in accordance with Schedule 2 or (in the case of a container) destroyed.

(4) No person shall use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 2 since they were last used to transport any animal, or anything which may give rise to a risk of transmission of disease.

(5) If a means of transport or any equipment has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person shall load, or cause or permit to be loaded, any animal into the means of transport unless the soiled parts of the means of transport or the equipment have been again cleansed and disinfected in accordance with paragraphs 1, 3 and 4 of Schedule 2.

(6) Any person transporting animals shall remove any dead animals, soiled bedding and excreta from the means of transport as soon as practicable.

Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances

4.—(1) This article shall apply in relation to the transport of—

(a) all mammals other than hoofed animals;

(b) all birds not included in article 3; and

(c) animals and birds specified in article 3 in the circumstances specified in Schedule 1,

and references to “animal” in this article shall be construed accordingly.

(2) This article shall not apply in the case of—

(a) transport which is not of a commercial nature;

(b) an individual animal accompanied by a person having responsibility for the animal during transport; or

(c) the transport of pet animals accompanying their owner on a private journey.

(3) Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that—

(a) they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected; and

(b) dead animals, soiled litter and excreta are removed as soon as practicable.

(4) Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.

Drivers' cabs

5.  Nothing in this Order shall require the use of disinfectant inside the driver’s cab of any means of transport.

Disposal of material after cleansing

6.—(1) The person responsible for cleansing the means of transport and any equipment under this Order shall ensure that all feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin, and other contaminants removed from the means of transport are—

(a) destroyed;

(b) treated so as to remove the risk of transmission of disease; or

(c) disposed of so that animals have no access to it.

(2) This article shall not apply to any material required to be disposed of under the Animal By-Products Order 1999(1).

Powers of inspectors, etc.

7.—(1) Where an inspector is satisfied that a means of transport or any equipment either—

(a) has not been cleansed and disinfected in accordance with this Order; or

(b) needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,

he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.

(2) A notice served under the preceding paragraph may—

(a) prohibit the use of the means of transport or the equipment until it has been cleansed and disinfected;

(b) prohibit the keeping of animals on the means of transport until it has been cleansed and disinfected;

(c) require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or

(d) require the person on whom the notice is served to dispose of all feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin in the way set out in the notice.

(3) If a notice is served under the preceding paragraph, the cleansing and disinfection shall be carried out in accordance with Schedule 2 unless the notice specifies a different method of cleansing and disinfection.

(4) An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3 or 4 requiring him to carry out the cleansing and disinfection as specified in the notice instead of in accordance with Schedule 2 if he is satisfied that this is necessary for animal health purposes.

(5) Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.

Enforcement

8.  This Order shall be enforced by the local authority or the Secretary of State.

Revocations and amendments

9.  The Transport of Animals (Cleansing and Disinfection) (England) (No. 2) Order 2000 is revoked(2).

Whitty

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

10th February 2003