The Welfare of Animals (Transport) (Scotland) Regulations 2006

Made: 15th December 2006

Laid before the Scottish Parliament: 18th December 2006

Coming into force: 25th January 2007

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , and of all other powers enabling them in that behalf, make the following Regulations:

PART 1 — Introduction

Citation, commencement and extent

1

These Regulations–

• (a) may be cited as the Welfare of Animals (Transport) (Scotland) Regulations 2006;

• (b) come into force on 25th January 2007; and

• (c) extend to Scotland only.

Interpretation

2

In these Regulations–

• “the Act” means the Animal Health Act 1981 ;

• “Council Regulation (EC) No. 1/2005” means Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) 1255/97 , as amended from time to time;

• “Council Regulation (EC) No. 1255/97” means Council Regulation (EC) No. 1255/97 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC , as amended from time to time;

• “inspector” means a person appointed as an inspector by the Scottish Ministers or a local authority for the purposes of these Regulations; ...

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and;

• “Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products

PART 2 — Transport of Animals

Transport

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• (1) A person who fails to comply with the following provisions of Council Regulation (EC) No. 1/2005 is guilty of an offence under the Act–

• (a) Article 3 (general conditions for the transport of animals);

• (b) Article 4(1) (Article 4 relates to transport documentation);

• (c) Article 5(1) (Article 5 relates to planning obligations for the transport of animals);

• (d) Article 6(1) and (1A) (transporters);

• (e) from 5 January 2008, Article 6(5) and (5A);

• (f) Article 7 (prior inspection and approval of means of transport);

• (g) Points 1.8, 1.9 and 1.11 of Chapter III of Annex I to that Regulation.

• (2) Copies of the documentation referred to in Article 4 of Council Regulation (EC) No. 1/2005 must be kept for 6 months from the date of completion of the journey.

Transporters

4

A transporter who fails to comply with the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence under the Act–

• (a) Article 4(2) (transport documentation);

• (b) Article 5(2) and (4) (planning obligations for the transport of animals);

• (c) Article 6(2), (3), (4), (6) and (8) (transporters);

• (d) Article 6(9) (transporters);

• (e) Article 12 (limitation on applications for authorisation).

Roll-on-roll-off vessels

5

• (1) A master of a roll-on-roll-off vessel who fails to comply with point 3.1 of Chapter II of Annex I to Council Regulation (EC) No. 1/2005 is guilty of an offence under the Act.

• (2) No transporter shall transport animals on a roll-on-roll-off vessel unless the master of the vessel has first verified the matters referred to in point 3.1 of Chapter II of Annex I to Council Regulation (EC) No. 1/2005 (additional provisions for transport on roll-on-roll-off vessels).

Organisers

6

An organiser who fails to comply with Article 5(3) and (4) of Council Regulation (EC) No. 1/2005 (planning obligations for the transport of animals) is guilty of an offence under the Act.

Keepers

7

A keeper who fails to comply with Article 8 of Council Regulation (EC) No. 1/2005 (keepers at places of departure, transfer or destination) is guilty of an offence under the Act.

Assembly centres

8

An operator of an assembly centre who fails to comply with Article 9 of Council Regulation (EC) No. 1/2005 (assembly centres) is guilty of an offence under the Act.

Control posts

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• (1) It is an offence under the Act for any person to operate a control post as referred to in Council Regulation (EC) No. 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC unless that post is approved by the Scottish Ministers for that purpose.

• (2) An operator of a control post who fails to comply with the following provisions of Council Regulation (EC) No. 1255/97 is guilty of an offence under the Act–

• (a) Article 4 (use of control posts);

• (b) Article 5 (the operation of control posts); or

• (c) Article 6(1) (confirmation an animal is fit to continue its journey).

PART 3 — Derogations for road journeys under 12 hours

Application

10

In accordance with Article 18(4) of Council Regulation (EC) No. 1/2005, the derogations in this Part apply in respect of a means of transport by road used for a journey that does not exceed 12 hours in order to reach the final place of destination (“means of transport by road”).

Derogation from inspection and approval

11

For the purposes of Article 18(1) of Council Regulation (EC) No. 1/2005, a means of transport by road used to transport animals other than domestic equidae or domestic animals of bovine, ovine, caprine or porcine species does not require a certificate of approval.

Derogation from requirement for continuous access to water

12

For the purposes of point 1.4(b) of Chapter V of Annex I to Council Regulation (EC) No. 1/2005, during a journey, pigs–

• (a) do not require continuous access to water on a means of transport by road;

• (b) must be offered water at appropriate intervals and afforded an adequate opportunity to drink.

Derogation from insulated roof requirement

13

For the purposes of point 1.1 of Chapter VI to Annex I to Council Regulation (EC) No. 1/2005, the roof on a means of transport by road does not require insulation.

Derogation from temperature requirements

14

• (1) For the purposes of point 3.1 of Chapter VI of Annex I to Council Regulation (EC) No. 1/2005, the temperature on a means of transport by road may fall below 0°C during a journey–

• (a) up to the time when the means of transport by road is first moved at the place of departure; and

• (b) during any unloading and loading occurring at intermediate points in the journey.

• (2) But where the temperature falls below 0°C, pigs weighing less than 30 kgs and unaccompanied on the journey by their mother must be provided with adequate quantities of a bedding material appropriate to the species to ensure their thermal comfort.

Derogation from ventilation system requirement

15

The ventilation system on a means of transport by road–

• (a) does not require the capabilities described in point 3.2 of Chapter VI of Annex I to Council Regulation (EC) No. 1/2005;

• (b) must be capable of adjustment so as to ensure that the requirements for temperatures set out in that point and in regulation 14(1) are maintained during the journey.

Derogation from temperature monitoring requirements

16

The temperature monitoring, data recording and warning systems referred to in points 3.3 and 3.4 of Chapter VI of Annex I to Council Regulation (EC) No. 1/2005 are not required on a means of transport by road.

Derogation from navigation system requirement

17

The navigation system referred to in point 4.1 of Chapter VI of Annex I to Council Regulation (EC) No. 1/2005 is not required in a means of transport by road.

PART 4 — Approvals

The competent authority

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• (1) The Scottish Ministers are the competent authority for the purposes of granting and issuing–

• (a) authorisations to transporters in accordance with Articles 10, 11 and 13 of Council Regulation (EC) No. 1/2005;

• (b) certificates of competence in accordance with Article 17(2) of that Regulation;

• (c) certificates of approval of means of transport by road in accordance with Article 18(1) of that Regulation; and

• (d) certificates of approval of livestock vessels in accordance with Article 19(1) of that Regulation.

• (2) The Scottish Ministers are also the competent authority for–

• (a) receiving notification in accordance with Article 6(2) of Council Regulation (EC) No. 1/2005;

• (b) receiving documents in accordance with Articles 6(5A), 6(8), 6(9) and paragraph 4(c) of Annex II to that Regulation;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) recording information in accordance with Articles 19(3) and 19(4) of that Regulation;

• (f) inspecting livestock vessels in accordance with Article 20 of that Regulation;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) approving classification societies in accordance with point 1 of Chapter IV of Annex I to that Regulation.

• (3) The Scottish Ministers are the competent authority for the purposes of–

• (a) granting or issuing approvals in accordance with Article 3 of Council Regulation (EC) No. 1255/97;

• (b) receiving information on animals passing through a control post in accordance with Article 5(h) and (i) of that Regulation.

• (4) The Scottish Ministers are responsible for exercising the functions the Appropriate Minister for the purposes of–

• (a) Council Regulation (EC) No. 1/2005;

• (b) Council Regulation (EC) No. 1255/97;

...

Approvals, authorisations etc

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Any approval, authorisation or certificate, issued under these Regulations, Council Regulation (EC) No. 1/2005 or Council Regulation (EC) No. 1255/97–

• (a) must be in writing;

• (b) may be made subject to conditions; and

• (c) may be amended, suspended or revoked at any time.

Suspension, revocation of approvals etc

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• (1) The Scottish Ministers, by notice served on the holder of an approval, authorisation or certificate, may suspend or amend an approval, authorisation, a certificate of approval or a certificate of competence if they are satisfied that any conditions under which it was granted or of any provision of Council Regulation (EC) No. 1/2005, Council Regulation (EC) No. 1255/97 or these Regulations have been breached.

• (2) A suspension under paragraph (1)–

• (a) has immediate effect where the Scottish Ministers consider it necessary for the protection of animal welfare;

• (b) otherwise shall not have effect for at least 21 days following service of the notice.

• (3) The notice must–

• (a) give reasons;

• (b) state when it comes into effect and, in the case of a suspension, state on what date or event it is to cease to have effect; and

• (c) explain the right of the recipient of the notice to make written representations to a person appointed by the Scottish Ministers.

• (4) Where the notice does not have immediate effect, and representations are made under regulation 21, an amendment or suspension will not have effect until the final determination by the Scottish Ministers in accordance with regulation 21 unless the Scottish Ministers decide that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and give notice to the holder of the approval, authorisation or certificate.

• (5) Where a suspension is upheld, the Scottish Ministers may, by notice, revoke an approval, authorisation, certificate of approval or certificate of competence if satisfied that these Regulations, Council Regulation (EC) No. 1/2005 or Council Regulation (EC) No. 1255/97 will not be complied with.

• (6) A notice must not be issued under paragraph (5) until the process in regulation 21 (if any) has been completed.

Representations to an appointed person

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• (1) A person may make written representations against a refusal, condition, amendment, suspension or revocation to a person appointed for the purpose by the Scottish Ministers.

• (2) Representations must be made within 21 days of receiving notification of the Scottish Ministers' decision.

• (3) The appointed person must consider the representations and report in writing to the Scottish Ministers.

• (4) The Scottish Ministers must give written notification of their final determination and the reasons for it.

PART 5 — Miscellaneous

Powers of inspectors

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• (1) An inspector may, if the inspector considers animals are being transported, or are about to be transported, in a way which–

• (a) contravenes any provision of these Regulations; or

• (b) constitutes an offence against the Act by virtue of these Regulations

serve a notice on the person responsible for the animals on a permanent or temporary basis requiring that person to take any action necessary to ensure compliance with these Regulations, giving reasons for the requirements.

• (2) An inspector may in particular–

• (a) prohibit the transport of the animals, either indefinitely or for a period specified in the notice;

• (b) specify conditions under which the animals may be transported;

• (c) 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;

• (d) require the animals not fit to complete their journey to be unloaded, watered, fed or rested;

• (e) require the humane slaughter or killing of the animals; or

• (f) require a means of transport or container to be repaired or replaced before it is used to transport animals.

• (3) Where it is necessary for identification purposes, an inspector may mark an animal.

• (4) Any person who defaces, obscures or removes any mark applied under paragraph (3) shall be guilty of an offence under the Act.

• (5) An inspector may—