The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

Made: 31st December 1974

Laid before Parliament: 15th January 1975

Coming into Operation: 5th February 1975

The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers conferred by sections 1, 24(1), 33(1), 77(3), 84(1)(a) and 85(1) of the Diseases of Animals Act 1950 (as adapted to air transport by section 11 of and Schedule 2 to the Agriculture (Miscellaneous Provisions) Act 1954 and to hovercraft by the Hovercraft (Application of Enactments) Order 1972[^f00001], and, as respects section 1 of the Act of 1950, as extended by section 3(b) of the Rabies Act 1974, and, as respects section 24(1) of the said Act of 1950, as amended by section 105(1) of the Agriculture Act 1970 and extended by sections 5 and 6 of the said Act of 1974), and now vested in them[^f00002], and of all their other enabling powers, for the purpose of preventing the introduction of rabies into Great Britain, hereby order as follows:—

Citation, extent and commencement

1

This order, which may be cited as the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, shall apply throughout Great Britain, and shall come into operation on 5th February 1975.

Interpretation

2

• (1) In this order, unless the context otherwise requires—

• “the Act” means the Diseases of Animals Act 1950, as amended or extended by any subsequent enactment;

• “animal” means an animal (other than man) belonging to any of the orders of mammals specified in Part I and Part II of Schedule 1 to this order;

• “authorised carrying agent” means a person authorised by the Minister under Article 10 of this order to carry animals;

• “authorised quarantine premises” means premises authorised by the Minister under Article 9 of this order for use for the detention and isolation of animals in quarantine;

• “cat” means an animal belonging to the species Felis catus of the order of mammals Carnivora;

• “contact animal” means an animal belonging to any of the orders of mammals specified in Part III of Schedule 1 to this order;

• “dog” means an animal belonging to the species Canis familiaris of the order of mammals Carnivora;

• “harbour” means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway, and includes a dock, a wharf, any place at which hovercraft are loaded or unloaded and, in Scotland, a boatslip being a marine work within the meaning of section 57 of the Harbours Act 1964;

• “inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister of Agriculture, Fisheries and Food or by a local authority, and, when used in relation to an inspector of the said Minister, includes a veterinary inspector;

• “licence” means a licence granted under this order, and includes any permit, approval or other form of authorisation;

• ...

• “the Minister” and “the Ministry” mean respectively, in the application of this order to England and Wales, the Minister and the Ministry of Agriculture, Fisheries and Food, and, in its corresponding application to Scotland, the Secretary of State and the Department of Agriculture and Fisheries for Scotland;

• “the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

• “the Pets Regulation quarantine end date” means the earliest of either—in the case of—...a cat or ferret subject to Article 10 of the Pets Regulation, the date on which the animal satisfies the requirements of that Article,...a dog subject to Article 10 of the Pets Regulation but exempt from Article 6 of the supplementary Regulation, the date on which the dog satisfies the requirements of Article 10 of the Pets Regulation,a dog subject to Article 10 of the Pets Regulation and Article 6 of the supplementary Regulation, the date on which the dog satisfies the requirements of both Articles, orwhere the animal satisfies the requirements applicable to it under sub-paragraphs (a)(ii) to (v) above, but does not satisfy the requirements in relation to rabies under ... Article 10(b) and (c) of the Pets Regulation as appropriate, the date of the expiry of a period of four months beginning with the date on which the animal is detained for the purposes of isolation in quarantine.

• ...

• “registered medical practitioner” means a person included in the Medical Register maintained by the General Medical Council who holds a licence to practise;

• “research premises” means premises at which animals which have been brought to Great Britain from a place outside Great Britain are used in connection with scientific research;

• ‘vessel’ includes hovercraft;

• “veterinary inspector” means a veterinary inspector appointed by the Minister of Agriculture, Fisheries and Food;

• “veterinary surgeon” means a veterinary surgeon entered in a register maintained under section 2 of the Veterinary Surgeons Act 1966.

• (1A) In this Order “control zone” includes a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994.

• (1B) For the purposes of the definition of “the Pets Regulation quarantine end date” in paragraph (1), “the supplementary Regulation” means Commission Delegated Regulation (EU) No 2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs.

• (2) For the purposes of this order, an animal shall be deemed to have been landed in Great Britain immediately it is unloaded or taken out of, or in any other manner leaves or escapes from, a vessel , vehicle or aircraft, or immediately it is brought into a control zone in a Designated State, and “land” and “landing” shall be construed accordingly:

Provided that this paragraph shall not apply in respect of an animal which is, under the authority of an inspector, transported by water directly from one vessel to another, without the boat in which the animal is carried touching land, or the animal being put on land.

• (2A) For the purposes of paragraph (2), “Designated State” means the French Republic, the Kingdom of Belgium or the Kingdom of the Netherlands.

• (3) The Animals (Importation) Order of 1930[^f00003] shall not apply to animals brought to Great Britain under this order.

• (4) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament, and as if this order and the orders hereby revoked were Acts of Parliament.

Extension of the definition of “animals” for the purposes of the Act in its application to rabies

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For the purposes of the Act (other than section 25 thereof) in its application to rabies, the definition of “animals” contained in section 84(1) of the Act is hereby extended so as to comprise all animals (other than man) belonging to the orders of mammals specified in Parts I, II and III of Schedule I to this order.

Prohibition on landing of animals in Great Britain

4

• (1) Subject to the provisions of this order, the landing in Great Britain of an animal brought from a place outside Great Britain is hereby prohibited.

• (2) The prohibition in paragraph (1) shall not apply to the landing in Great Britain of—

• (a) an animal which—

• (i) is brought to Great Britain from a member State, Norway, Switzerland or Liechtenstein,

• (ii) is subject to the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012, and

• (iii) complies with the trade requirements,

• (b) an animal which—

• (i) originates in, and is brought to Great Britain from, Northern Ireland, the Channel Islands or the Isle of Man, or

• (ii) is subject to the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012 and was brought to Northern Ireland, the Channel Islands or the Isle of Man from a place outside those territories and subsequently brought to Great Britain,

• (c) an animal which originates in, and is brought to Great Britain from, the Republic of Ireland, unless—

• (i) it is an animal which is subject to Article 10 of the Pets Regulation but fails to comply with the requirements of that Article, or

• (ii) it is an animal which is subject to the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012 but fails to comply with the trade requirements,

• (d) an animal which—

• (i) is brought to Northern Ireland, the Channel Islands, the Isle of Man or the Republic of Ireland from a place outside those countries or territories (other than Great Britain) and is subsequently brought to Great Britain,

• (ii) is not subject to the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012 or the Pets Regulation, and

• (iii) has been detained and isolated in quarantine in Northern Ireland, the Channel Islands, the Isle of Man or the Republic of Ireland for a period of at least four months before being brought to Great Britain.

• (e) a dog, cat or ferret which is subject to the Trade in Animals and Related Products (Scotland) Regulations 2012 and complies with the trade requirements.

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The prohibition on landing contained in paragraph (1) above shall not apply when the landing is under the authority of a licence ... granted by the Minister, and in accordance with the terms and conditions subject to which it was granted.

• (3A) But a licence may not be granted for the importation of—

• (a) prairie dogs originating in or coming from the United States of America,

• (b) rodents of non-domestic species and squirrels originating in or coming from a third country of the African sub-Saharan region,

• (c) dogs or cats from Malaysia (Peninsula) which fail to meet the requirements in article 7 of the Pets Order (in respect of Nipah disease), or

• (d) cats from Australia which fail to meet the requirements in article 8 of the Pets Order (in respect of Hendra disease).

• (4) An animal may be landed in Great Britain only at an entry point which is specified in Schedule 2:

Provided that nothing in this paragraph shall be construed as precluding the Minister, on his being satisfied that exceptional circumstances exist in connection with the bringing to Great Britain of a particular animal, from granting a licence for the landing of that animal at a point of entry other than a designated entry point specified in Schedule 2.

• (4A) The restriction in paragraph (4) does not apply to the landing in Great Britain of an animal to which, in accordance with paragraph (2), the prohibition in paragraph (1) does not apply.

• (4B) Notwithstanding the provisions of paragraph (4) above and Schedule 2 to this Order, animals may also be brought into England at Cheriton through the Channel Tunnel.

• (5) Nothing in paragraph (4) above shall render it unlawful (subject to the authority of an inspector first having been obtained) for an animal to which this order applies to be landed at a place in Great Britain other than the designated entry point at which the animal is licensed to be landed to which the vessel , vehicle or, as the case may be, the aircraft which is bringing the animal to Great Britain is ordered to be diverted in the interest of safety, or in the light of other exceptional circumstances.

• (6) Notwithstanding the provisions of paragraph (2) above, if at any time the Minister has reason to believe that there is an outbreak of rabies in one of the countries referred to in that paragraph, and it appears to him to be necessary to act as a matter of urgency for the purpose of preventing the introduction of that disease into Great Britain, he may direct that the provisions of paragraph (1) above shall apply to animals brought to Great Britain from that country and any such direction shall remain in force for a period of 28 days unless revoked by a subsequent direction before the end of that period.

• (7) Where the Minister makes a direction under paragraph (6) above, he shall take all reasonable steps to bring it to the notice of any person who is likely to be affected by it, and in any proceedings for an offence arising by virtue only of the direction, it shall be a defence that at the time when the offence was committed the accused had no reason to believe that the direction was in existence.

• (8) For the purposes of this order, an animal which—

• (a) is taken from a place in Great Britain, Northern Ireland, ... the Channel Islands or the Isle of Man to a place outside those countries (whether or not it is landed at that place, or comes into contact with any other animal while there, or during the journey thereto or therefrom), or

• (b) while outside Great Britain, comes into contact with an animal to which, if it were brought to Great Britain, the prohibition on landing contained in paragraph (1) above would apply,

shall be deemed to be an animal brought from a place outside Great Britain when landed in Great Britain.

• (9) Subject to paragraph (10) below, where an animal landed in Great Britain is brought into Great Britain from a place other than a country outside Great Britain, the prohibition on landing contained in paragraph (1) above shall apply to that animal if while outside Great Britain it has been or may have been in contact with an animal to which, if it were brought into Great Britain, the prohibition on landing contained in paragraph (1) above would apply.

• (10) The prohibition on the landing of an animal brought into Great Britain from a place other than a country outside Great Britain contained in paragraph (9) above shall not apply to a dog belonging to the police, Her Majesty's Customs and Excise or Her Majesty's Forces which is kept under the constant control of a trained handler while outside Great Britain.

• (11) In this article—

• (a) “the trade requirements” means—

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

• (ii) the requirements of the Trade in Animals and Related Products Regulations 2011 (in relation to England), the Trade in Animals and Related Products (Wales) Regulations 2011 (in relation to Wales) or the Trade in Animals and Related Products (Scotland) Regulations 2012 (in relation to Scotland),

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) “the Pets Order” means the Non-Commercial Movement of Pet Animals Order 2011.

• (12) For the purposes of paragraph (11)(a), the requirements of the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012 include a requirement that animals (other than dogs, cats and ferrets) were born on a registered holding and have been kept in captivity since birth....

Detention and isolation in quarantine

5

• (1) Where an animal specified in Part I of Schedule 1 to this order is landed in Great Britain in accordance with a licence granted under Article 4 above, it shall, after being so landed, be immediately detained and isolated in quarantine at its owner's expense for the rest of its life, at such premises and subject to such conditions as may be specified in the licence; and in the event of such an animal being born in Great Britain (whether or not its parents or any one of them was brought from a place outside Great Britain) it shall, for the purposes of this order, be deemed to be an animal brought from a place outside Great Britain, and the foregoing provisions of this paragraph with regard to detention and isolation in quarantine for life shall apply to that animal.

• (2) Where an animal specified in Part 2 of Schedule 1 is landed in Great Britain in accordance with a licence granted under article 4(3) it must be immediately detained and isolated in quarantine at its owner’s expense at such premises and subject to such conditions as may be specified in the licence.

• (2A) But paragraph (2) does not apply to an animal of the order Rodentia or Lagomorpha where the licence states that it is being brought into Great Britain—

• (a) for use at research premises in connection with scientific research, or

• (b) to an establishment licensed as a zoo under section 1 of the Zoo Licensing Act 1981.

• (2B) The period of quarantine required under paragraph (2) is—

• (a) in the case of an animal subject to Article ... 10 of the Pets Regulation, the period ending with the Pets Regulation quarantine end date,

• (b) in any other case, subject to paragraph (2C), four months.

• (2C) The Secretary of State (in England), the Scottish Ministers (in Scotland) or the Welsh Ministers (in Wales) may authorise release of an animal which is not subject to Article ... 10 of the Pets Regulation from quarantine or waive its period of quarantine if satisfied that such release will present negligible risk of the introduction of rabies into or spread of rabies within Great Britain.

• (2D) Any offspring born to an animal during its quarantine must be kept in quarantine for the remainder of the period of the dam’s quarantine, unless the release of either animal is authorised under paragraph (2C).

• (3) The Minister may by licence permit two or more animals required to be detained under the foregoing provisions of this Article to be kept together in quarantine, subject to such conditions as may be specified in the licence: