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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003 No. 1724 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031724.html |
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| Made | 9th July 2003 | ||
| Coming into force | 1st August 2003 |
Interpretation
2.
- (1) In this Order -
(2) Any notice or approval 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 -
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 animals that die during transport, and any soiled litter 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 -
and references to "animal" in this article shall be construed accordingly.
(2) This article shall not apply in the case of -
(3) Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that -
(4) Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.
Cleansing and disinfection in relation to the transport of horses
5.
- (1) Any person transporting, or causing or permitting the transport of, horses shall ensure that -
(2) This article shall not apply in the circumstances set out in article 4(2) unless the means of transport was last used to transport an animal to which article 3 applies.
(3) No person shall use, or cause or permit the use of, any means of transport to transport any animal to which article 3 applies 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 a horse.
(4) Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.
Drivers' cabs
6.
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
7.
- (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, litter, excreta and other material of animal origin, and other contaminants removed from the means of transport are -
(2) This article shall not apply to any material required to be disposed of under the Animal By-Products Regulations 2003[3].
Means of transport leaving a slaughterhouse or sale premises
8.
- (1) If a means of transport -
the driver shall, before leaving the premises, give a written declaration to the occupier of the slaughterhouse, or the licensee of the sale premises, specifying where the cleansing and disinfection in accordance with article 3(3) shall take place.
(2) The occupier or licensee shall -
Powers of inspectors, etc.
9.
- (1) Where an inspector is satisfied that a means of transport or any equipment either -
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 -
(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, 4 or 5 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
10.
- (1) This Order shall be enforced by the local authority.
(2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Revocations and amendments
11.
The Transport of Animals (Cleansing and Disinfection) (England) (No. 2) Order 2003 is revoked[4].
Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
9th July 2003
(3) This paragraph shall not apply to journeys between two sets of sale premises.
Journeys to and from livestock shows not in the course of a single day
3.
If a means of transport is used for the transport of animals from their premises of origin to a livestock show and back, and paragraph 2 does not apply, article 4, rather than article 3, shall apply to the means of transport when it is at the show premises provided that -
Temporary unloading
4.
Article 4, rather than article 3, shall apply in relation to a means of transport from which animals have been unloaded solely to be fed or watered, or for some other temporary purpose, and then reloaded.
(2) In the case of animals transported in a container, the interior of the container shall be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container shall be cleansed if they are soiled.
(3) The wheels, mudguards and wheel arches of the means of transport shall be cleansed whether or not they are soiled and whether or not the animals were transported in a container.
(4) For the purposes of article 3, every part of a means of transport required to be cleansed shall also be disinfected.
Method of cleansing
3.
Cleansing shall be by removing any feedingstuffs to which animals have had access, litter, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleansing with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.
Method of disinfection
4.
Anything to be disinfected under this Order shall be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978[5] at the concentration required under that Order for "General Orders".
The Order provides for the cleansing and disinfection (in accordance with Schedule 2) of means of transport before and after carrying specified animals (articles 3, 4 and 5, and Schedule 1).
It provides that drivers' cabs are not required to be disinfected (article 6).
Article 7 specifies how the material removed from the means of transport must be disposed of after cleansing.
Article 8 requires drivers to give written declarations specifying where cleansing and disinfection will take place when means of transport (not carrying animals) leave slaughterhouses or sales premises.
Under article 9, an inspector is empowered, in the circumstances set out in that article, to serve a notice requiring a means of transport to be cleansed and disinfected.
The Order is enforced by the local authority (article 10).
Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act.
A regulatory impact assessment has been prepared for this Order and placed in the library of each House of Parliament. Copies can be obtained from Renate Lowres, Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.
[5] S.I. 1978/32, as amended by S.I. 1994/3141, S.I. 1999/919, S.I. 2000/3195 and, as regards England, S.I. 2001/608 and S.I. 2003/1428.back
| © Crown copyright 2003 | Prepared 5 August 2003 |
