The Welfare of Animals (Transport) Order 1997

Unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets may be transported for 9 hours from a market if the journey to market was not more than 4 hours (or 9 hours if it was in a vehicle complying with paragraph 2 of Part I of this Schedule).

14

Pigs or horses may be transported for 8 hours from a market if the journey to market was not more than 4 hours (or 8 hours if it was in a vehicle complying with paragraph 2 of Part I of this Schedule).

15

All other cattle, sheep and goats to which this Schedule applies may be transported for 14 hours from a market if the journey to market was not more than 4 hours (or 14 hours if it was in a vehicle complying with paragraph 2 of Part I of this Schedule).

16

It shall be a defence for a transporter transporting animals from a market to show that he took all reasonable steps to establish that the conditions in paragraphs 9 to 15 of this Schedule relating to the transport of animals to the market were satisfied.

SCHEDULE 8 — FRAMEWORK OF COMPETENCES

1

Knowledge of which people are responsible for the welfare of animals during transport.

2

Understanding of when to seek veterinary help and knowledge of which body or organisation to contact with general questions, for example, about transport conditions; matters of law or documentation.

3

Knowledge of the powers of enforcement authorities to inspect animals, documentation and vehicles before, during and after the journey.

4

Basic knowledge of the authorisation requirements for transporters and when such authorisation is necessary.

5

Knowledge of how to plan a journey (taking into account such factors as maximum travelling times, required rest periods, and the time taken to load and unload). Ability to anticipate changing conditions and make contingencies for unforseen circumstances.

6

Understanding of when a route plan or documentation are required and how to complete these documents.

7

Knowledge of vehicle construction and use requirements in current welfare legislation.

8

Ability to load, operate and control a vehicle safely, efficiently and effectively so as to ensure the welfare of the animals.

9

Knowledge of the appropriate methods of handling animals during loading and unloading, including the use of visual fields and flight zones, lighting and the appropriate use of such things as sticks, boards, blindfolds and electric goads. Knowledge of handling methods which are prohibited.

10

Knowledge of the specific requirements of the Order relating to different species for rest, feed and liquid.

11

Knowledge of stocking densities (effects of overcrowding and understocking) and headroom and segregation requirements, taking into account species being transported, method of transport, gender, condition, age, length of journey and ambient conditions.

12

Understanding of the importance for animal welfare of temperature, both inside and outside the vehicle, including the effect on different species and the need for adjustment of ventilation.

13

Ability to clean and disinfect vehicles and knowledge of when it is necessary to do so before and after the journey.

14

Elementary knowledge of the causes of stress in animals; ability to recognise the signs of stress and ill-health, and basic knowledge of how to reduce the symptoms.

15

Ability to care for animals which become unfit or injured during transport, including an understanding of when to seek veterinary advice. Knowledge of the limited circumstances when it is permissible to transport unfit animals for veterinary treatment or slaughter.

SCHEDULE 9 — PROVISIONS RELATING TO AUTHORISATIONS

Specific and general authorisations

1

• (1) An authorisation may be—

• (a) a specific authorisation, that is, an authorisation issued by the Minister to a transporter named in the authorisation on an application made by him, which covers such activities as are described in the authorisation, or

• (b) a general authorisation, that is, an authorisation issued by the Minister which does not name individual transporters and which covers such transporters resident in Great Britain (or, in the case of a body corporate, incorporated in Great Britain) and such activities as are described in the authorisation.

• (2) After 1st October 1997 a specific authorisation shall be required for any transporter who transports cattle, sheep, pigs, goats and horses, except for those transporters concerned only with journeys of less than 8 hours in road vehicles.

• (3) A specific authorisation may be amended or revoked by the Minister by notice in writing served on the transporter to whom the authorisation was granted.

• (4) A general authorisation may be amended or revoked by publication in such manner as the Minister shall see fit.

• (5) In the case of a general authorisation the Minister may, by notice in writing served on a transporter, either exclude that transporter from the operation of a general authorisation, or impose additional conditions on that transporter which differ from the conditions in the general authorisation.

• (6) A specific authorisation shall not be issued to more than one transporter.

• (7) The fact that a transporter is covered by a general authorisation in respect of certain activities does not prevent a specific authorisation being issued to him in respect of those activities.

• (8) If a transporter has been issued with a specific authorisation, he shall cease to be covered by any aspect of the general authorisation in relation to the animals covered by the specific authorisation, and he shall not be permitted to carry out any transport of those animals except under the authority of a specific authorisation; and if a specific authorisation is revoked, or limited in any way, then the transporter who held the authorisation shall not be entitled to transport the animals covered by that specific authorisation under the authority of the general authorisation.

• (9) Notice shall be given of the issue of any general authorisation in such form as the Minister shall see fit.

Authorisation holder to be a fit person

2

• (1) A specific authorisation shall be granted on the application of any person if he satisfies the Minister that he is a fit person to transport animals.

• (2) In determining whether a transporter applying for a specific authorisation is a fit person to transport animals, the Minister shall have regard to any circumstances appearing to him to be relevant, and in particular any evidence tending to show that the applicant, or any of the applicant’s employees, agents or associates (whether past or present) or, where the applicant is a body corporate, any person appearing to the Minister to be a controller of the body corporate or an associate of any such person, has—

• (a) committed any offence involving animal welfare,

• (b) contravened any provision of this Order or any other Order made under section 37, 38 or 39 of the Animal Health Act 1981; or

• (c) previously been responsible for anything which would cause the Minister to revoke or suspend an authorisation under the provisions of the following paragraph.

• (3) A person operating under an authorisation, whether specific or general, shall give to an officer of the Minister such information as the Minister may reasonably require concerning the transport under the authorisation; and failure to provide such information, or providing false information, shall be an offence against the Animal Health Act 1981.

• (4) A holder of a specific authorisation who intends to transport vertebrate animals under a trading name different from that specified in the authorisation shall notify the Minister of the name before he transports any animals under that name.

Suspension and revocation

3

• (1) The Minister may revoke or suspend a specific authorisation, or remove a transporter from a general authorisation, either temporarily or permanently, in the event of any of the following, involving either the transporter or, if it appears to the Minister to be relevant, any associate, employee or agent of the transporter—

• (a) repeated infringements in Great Britain of this Order or of any other Order implementing Council Directive 91/628/EEC, or a single such infringement which involves serious suffering to animals, in either case whether or not the infringement leads to a criminal conviction;

• (b) in the case of a journey taking place partly in Great Britain and partly outside Great Britain—

• (i) any breach of the rules relating to route plans, or

• (ii) repeated infringements of national legislation implementing Council Directive 91/628/EEC, or a single such infringement involving serious suffering to animals,

in either case whether or not the infringement leads to a criminal conviction.

• (2) The Minister shall by notice in writing inform the transporter that he is minded to revoke the authorisation, or suspend it until a specified date or indefinitely.

Written representations

4

• (1) If within 28 days of the issue of a specific authorisation the person to whom it is issued requests the Minister to give him notice of the reasons for the inclusion of any provision in it, the Minister shall comply with his request within 28 days of receiving it.

• (2) On issuing a specific authorisation to a person the Minister shall notify him of the effect of subsection (1) above.

• (3) If the Minister refuses an application for a specific authorisation, the Minister shall give the applicant notice in writing of the reasons for the refusal.

• (4) If the Minister, by notice in writing served on a transporter, amends, suspends or revokes a specific authorisation, the notice shall give the transporter reasons for the amendment, suspension or revocation.

• (5) If the Minister, by notice in writing served on a transporter, either excludes that transporter from the operation of a general authorisation or imposes additional conditions on that transporter, the notice shall give the transporter reasons for the exclusion or the imposition of additional conditions.

• (6) If within 28 days of receipt of a notice under this paragraph giving the Minister’s reasons the transporter makes written representations to the Minister concerning the matter to which the notice is related, the Minister shall refer the transporter’s representations to an appointed person.

• (7) A notice under this paragraph giving the Minister’s reasons shall notify the transporter of the effect of subsection (6) above.

Appointed persons

5

• (1) The Minister shall nominate an appointed person who is specially qualified in the Minister’s opinion to consider representations under this Schedule.

• (2) The appointed person shall serve on the person who made the representations a notice requiring him to state within 14 days of receipt of the notice whether he wishes to make written or oral representations to the appointed person at a hearing.

• (3) The notice shall specify the place, date and time of the hearing and the date of the hearing shall not be earlier than 14 days from the date of the notice, unless the person who makes the representations has agreed to an earlier hearing.

• (4) The appointed person shall permit the Minister or the transporter to make written or oral representations at the hearing either in person or through a representative.

• (5) The appointed person may permit any other person to make written or oral representations to him at the hearing.

• (6) The appointed person shall consider—

• (a) the reasons given by the Minister under this Schedule; and

• (b) any representations made under this Schedule

and shall make a report to the Minister after the close of his consideration, giving his findings of fact and his recommendations, and the Minister shall reconsider his decision in the light of the report.

• (7) The Minister shall notify the transporter of the result of his reconsideration and the reasons for it and shall send him a copy of the appointed person’s report.

Interpretation

6

In this Schedule—

• “agent” means an individual who acts on behalf of another person;

• “associate” shall have the same meaning as in section 184 of the Consumer Credit Act 1974, but in addition to the persons specified in that Act shall include a business associate; and

• “employee” shall have the same meaning as in section 230(1) of the Employment Rights Act 1996.

Duty to notify changes

7

• (1) Within 21 working days after—

• (a) any change takes place in the officers of a body corporate which is the holder of a specific authorisation, or a body corporate which is a controller of a body corporate which holds such an authorisation, or

• (b) a body corporate which holds such an authorisation becomes aware that a person has become or ceased to be a controller of the body corporate,

the holder of the authorisation shall give the Minister notice of the change.

• (2) Where the Minister is given notice under sub-paragraph (1) of any change the Minister may by notice require the holder of the authorisation to furnish him with such information, verified in such manner, as the Minister may stipulate.

• (3) The holder of a specific authorisation shall notify the Minister within 21 days of any change of address of the transporter.

SCHEDULE 10 — FORM OF UNDERTAKING

SCHEDULE 11 — INFORMATION TO BE PROVIDED ON THE ROUTE PLAN

SECTION 1— — INFORMATION TO BE COMPLETED BEFORE THE JOURNEY

1

Name, full address, business name, telephone number and fax number of the transporter.

2

Number and species of animals to be transported.

3

Health certificate number(s).

4

Number of the transporter’s authorisation (if any).

5

Registration number of the vehicles to be used, and the trailers if different.

6

Name of the person(s) in charge of the transport during the journey.

7

Place where the animals are to be first loaded, and full address.

8

Planned date and time of departure.

9

Full itemised itinerary of the journey.

10

Full address of the final destination.

11

Estimated date and time of arrival at the final destination (local time).

SECTION 2— — INFORMATION TO BE COMPLETED DURING THE JOURNEY

12

Actual date and time of loading the first animal.

13

Actual time of departure from the place of loading.

14

Full itemised itinerary of the journey.

15

Actual date and time of arrival at the final destination (local time).

SCHEDULE 12 — REVOCATIONS AND DISAPPLICATION

PART I — DISAPPLICATION

The provisions of the Export of Animals (Protection) Order 1981[^f00011] shall not apply to the export of animals to another member State of the European Union.

PART II — ORDERS REVOKED IN FULL

The following orders are hereby revoked in full:

• (a) The Transit of Animals (Amendment) Order, 1927 (S.R. & O. 1927/399)

• (b) The Animals (Sea Transport) Order, 1930 (S.R. & O. 1930/923)

• (c) The Animals (Sea Transport) (Amendment) Order, 1932 (S.I. 1932/4984)

• (d) The Transit of Animals (Amendment) Order, 1939 (S.I. 1939/5842)

• (e) The Horses (Sea Transport) (Amendment) Order, 1958 (S.I. 1958/1272)

• (f) The Transit of Animals (General) Order, 1973 (S.I. 1973/1377)

• (g) The Transit of Animals (Road and Rail) (Amendment) Order, 1979 (S.I. 1979/1013)

• (h) The Transit of Animals (Amendment) Order, 1988 (S.I. 1988/815)

• (i) The Welfare of Poultry (Transport) Order, 1988 (S.I. 1988/851)

• (j) The Welfare of Poultry (Transport) (Amendment) Order, 1989 (S.I. 1989/52)

• (k) The Welfare of Animals during Transport Order, 1994 (S.I. 1994/3249)

• (l) The Welfare of Animals during Transport (Amendment) Order, 1995 (S.I. 1995/131)

PART III — ORDERS REVOKED IN PART

The following Orders are hereby revoked in part:

Title of Order	Reference	Extent of Revocation
a The Transit of Animals Order, 1927	S.R. & O. 1927/289	The whole Order except for Articles 1, 2, 8, 9, 21, 22, 23, 27, 28, 29 and 34.
b The Horses (Sea Transport) Order, 1952	S.I. 1952/1291	The whole Order except for Articles 2, 14, 15 and 16.
c The Transit of Animals (Road and Rail) Order, 1975	S.I. 1975/1024	Articles 1, 4(1), (2) and (4), 6(1), (2), (4), (5) and (7) to (11), 7, 8(5) to (7), 9, 13, 14, 15(4) and (5), and 22, Schedule 1, Part 1 (except paragraphs 5 and 6) and Schedules 2, 4 and 5.

Signed

Elliot Morley — Parliamentary Secretary Ministry of Agriculture, Fisheries and Food — 10th June 1997

Sewel — Parliamentary Under-Secretary of State Scottish Office — 3rd June 1997

Signed by authority of the Secretary of State for Wales

Win Griffiths — Parliamentary Under-Secretary of State Welsh Office — 9th June 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.

Footnotes

[^f00001]: 1981 c. 22. See section 86(1) for a definition of “the Minister”, “the appropriate Minister” and “the Ministers”.

[^f00002]: 1990 c. 35.

[^f00003]: OJ No. L121, 29.7.64 (Special Edition 1963–64, p.164) as last amended by Council Directive 95/25/EC, OJ No. L148, 30.6.95, p.52).

[^f00004]: OJ No. L46, 19.2.91, p.19 as last amended by Council Decision OJ No. L1, 1.1.95, p.1).

[^f00005]: OJ No. L340, 11.12.91, p.17 as amended by Council Directive 95/29/EC (OJ No. L148, 30.6.95, p.52).

[^f00006]: 1986 c. 14.

[^f00007]: Published by the International Air Transport Association, 2000 Peel Street, Montreal, Quebec, Canada H3A 2R4.

[^f00008]: Copies of CITES can be obtained from the Department of the Environment, Tollgate House, Houlton Street, Bristol BS2 2DJ.

[^f00009]: S.I. 1975/1074 to which there are amendments not relevant to this Order.

[^f00010]: OJ No. L340, 11.12.91, p.17.

[^f00011]: S.I. 1981/1051.