BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments made by the National Assembly for Wales


You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Welfare of Animals (Transport) (Wales) Order 2007 No. 1047 (W.105)
URL: http://www.bailii.org/wales/legis/num_reg/2007/20071047e.html

[New search] [Help]



STATUTORY INSTRUMENTS


2007 No. 1047 (W.105)

ANIMALS, WALES

ANIMAL HEALTH

The Welfare of Animals (Transport) (Wales) Order 2007

  Made 2007 
  Coming into force 30 March 2007 


CONTENTS


PART 1

Introduction
1. Title, commencement and application
2. Interpretation
3. Extension of definition of "animals" and "poultry"

PART 2

Transport of Animals
4. General provision on the protection of animals during transport
5. Transport
6. Transporters
7. Roll-on-roll-off vessels
8. Organisers
9. Keepers
10. Assembly centres
11. Control posts

PART 3

Derogations for means of transport by road on journeys under 12 hours
12. Application
13. Derogation from inspection and approval
14. Derogation from requirement for continuous access to water
15. Derogation from insulated roof requirement
16. Derogation from temperature requirements
17. Derogation from ventilation system requirement
18. Derogation from temperature monitoring requirements
19. Derogation from navigation system requirement

PART 4

Approvals
20. The competent authority
21. Approvals, authorisations etc
22. Suspension, revocation of approvals etc
23. Representations to an appointed person

PART 5

Miscellaneous
24. Powers of inspectors
25. Compliance with notices
26. Production of plans
27. Obstruction
28. Offences by bodies corporate
29. Enforcement
30. Amendments
31. Revocations

  SCHEDULE — Orders revoked

The National Assembly for Wales, in exercise of the powers conferred by sections 1, 7, 8(1), 37, 38(1), 39, 83(2) and 87(2), (3) and (5)(a) of the Animal Health Act 1981[
1], and now vested in it[2], makes the following Order:



PART 1

Introduction

Title, commencement and application
     1. The title of this Order is the Welfare of Animals (Transport) (Wales) Order 2007. It comes into force on 30 March 2007 and applies in relation to Wales.

Interpretation
    
2. —(1) In this Order "the Act" means the Animal Health Act 1981.

    (2) Expressions used in this Order that are also used in the following Regulations have the meaning they bear in those Regulations.

    (3) The Regulations are—

    (4) The "local authority" means in relation to an area the county council or county borough council for that area.

    (5) The "National Assembly" means the National Assembly for Wales of Cathays Park, Cardiff CF10 3NQ.

    (6) Any reference to the Regulations referred to in paragraph (3) is a reference to those instruments as amended from time to time.

Extension of definition of "animals" and "poultry"
     3. For the purposes of the Act in its application to this Order, the definitions of animals and poultry in section 87 of the Act are extended to cover all vertebrate animals and cold-blooded invertebrate animals.



PART 2

Transport of Animals

General provision on the protection of animals during transport
    
4. —(1) It is an offence to transport any animal in a way which causes, or is likely to cause, injury or unnecessary suffering to that animal.

    (2) It is an offence to transport any animal except in such receptacles or means of transport, under conditions (in particular with regard to space, ventilation, temperature and security) and with such supply of liquid and oxygen, as are appropriate for the species concerned.

    (3) This article applies to the transport of cold-blooded invertebrate animals.

    (4) This article applies to the transport of vertebrate animals except those to which Council Regulation (EC) No 1/2005 applies.

Transport
    
5. —(1) A person who fails to comply with any of the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence against the Act—

    (2) No person is to remove, deface, obliterate or alter a mark made under paragraph (3) of article 24 (powers of inspectors).

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

Transporters
    
6. A transporter who fails to comply with the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence against the Act—

Roll-on-roll-off vessels
    
7. —(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 (Chapter II relates to additional provisions for transport on roll-on-roll-off vessels) is guilty of an offence against the Act.

    (2) No transporter is to transport animals on a roll-on-roll-off vessel unless the master of the vessel has first verified the matters referred to in that point.

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

Keepers
    
9. 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 against the Act.

Assembly centres
    
10. 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 against the Act.

Control posts
    
11. —(1) It is an offence for a person to operate a control post unless he or she is approved for that purpose.

    (2) It is an offence for any person to operate or use a control post unless it is approved in accordance with Article 3(1) of Council Regulation (EC) No 1255/97.

    (3) An operator of a control post who fails to comply with any of the following provisions of Council Regulation (EC) No 1255/97 is guilty of an offence against the Act—



PART 3

Derogations for means of transport by road on journeys under 12 hours

Application
    
12. 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
    
13. 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
    
14. 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—

Derogation from insulated roof requirement
    
15. 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
    
16. —(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—

    (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
    
17. The ventilation system on a means of transport by road—

Derogation from temperature monitoring requirements
    
18. 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
    
19. 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
    
20. —(1) The National Assembly is the competent authority for the purposes of granting or issuing—

    (2) For the purposes of that Regulation, the National Assembly is the competent authority for—

    (3) The National Assembly is the competent authority for the purposes of—

    (4) The National Assembly is responsible for exercising the functions of a member State for the purposes of—

and for designating bodies in accordance with Articles 17(2), 18(1) and 19(1) of Council Regulation (EC) No 1/2005.

Approvals, authorisations etc
    
21. Any approval, authorisation or certificate issued under this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97—

Suspension, revocation of approvals etc
    
22. —(1) The National Assembly may, by notice, suspend or amend an approval, authorisation, certificate of approval or certificate of competence if satisfied that any of the conditions under which it was granted or of any provision of Council Regulation (EC) No 1/2005, Council Regulation (EC) No 1255/97 or this Order have been breached.

    (2) A suspension under paragraph (1)—

    (3) The notice must—

    (4) Where the notice does not have immediate effect, and representations are made under article 23, an amendment or suspension will not have effect until the final determination by the National Assembly in accordance with article 23 unless the National Assembly decides that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and gives notice to that effect.

    (5) Where a suspension is upheld, the National Assembly may, by notice, revoke an approval, authorisation, certificate of approval or certificate of competence if satisfied that this Order, 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 article 23 (if any) has been completed.

Representations to an appointed person
    
23. —(1) A person may make written representations against a refusal, condition, amendment, suspension or revocation of an approval, authorisation or certificate to a person appointed for the purpose by the National Assembly.

    (2) Any representations must be made within 21 days of receiving notification of the National Assembly's decision.

    (3) The appointed person must consider the representations and report in writing to the National Assembly.

    (4) The National Assembly must give to the person making the representations written notification of its final determination and its reasons.



PART 5

Miscellaneous

Powers of inspectors
    
24. —(1) If an inspector considers animals are being transported, or are to be transported, in a way which—

he or she may serve a notice on the person appearing to him or her to be in charge of the animals requiring that person to take any action necessary to ensure compliance with this Order, giving reasons for the requirements.

    (2) An inspector may in particular—

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

    (4) An inspector may take copies of any document inspected for the purpose of ascertaining whether the provisions of this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97 have been complied with.

    (5) An inspector may serve on the owner, or any person appearing to him or her to be in charge of a control post, a notice requiring him or her to take any action the inspector reasonably considers necessary to ensure compliance with, or remedy any infringement of, Council Regulation (EC) No 1255/97.

    (6) In particular, an inspector may—

    (7) In deciding whether to serve a notice under this article, an inspector may take into account any previous failure to comply with any provision of this Order, any other Order made under sections 37, 38 or 39 of the Act or point 8 of Annex II to Council Regulation (EC) No 1/2005 (return of documents after completion of journey).

    (8) Where a person fails to comply with the requirements of a notice served under this article, an inspector may take any steps he or she considers necessary to ensure the requirement is met.

    (9) The person in default must reimburse any reasonable expenses incurred by the National Assembly or the local authority in taking such steps and any such debt is recoverable summarily.

Compliance with notices
    
25. Any notice served under this Order must be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

Production of plans
    
26. —(1) The owner or charterer of any vessel to be used for the transport of animals must—

    (2) But no person has to provide any information which he or she cannot, with the exercise of reasonable diligence, obtain.

Obstruction
    
27. No person is to—

Offences by bodies corporate
    
28. —(1) If an offence under this Order committed by a body corporate is shown—

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

    (2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body.

    (3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Enforcement
    
29. —(1) This Order is enforceable by the local authority.

    (2) The National Assembly may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) will be discharged by the National Assembly and not the local authority.

Amendments
    
30. —(1) The Transport of Animals (Cleansing and Disinfection) (Wales) (No 3) Order 2003[5] is amended as follows.

    (2) In article 3, omit paragraph (2).

    (3) Omit article 4.

    (4) In article 5, omit paragraph (2).

    (5) In article 9(4), omit ",4".

Revocations
     31. The Schedule (Orders revoked) has effect.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

27 March 2007



SCHEDULE
Article 31


Orders revoked


     1. The following are revoked in so far as they have effect in Wales—



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes provision in Wales for the administration and enforcement of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations (OJ L 3, 5.1.2005. p.1.).

It also provides for the administration and enforcement of Council Regulation 1255/97 concerning Community criteria for staging points (OJ L 174, 2.7.97 p.1.).

It revokes (insofar as it has effect in Wales) the Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (OJ No L340, 11.12.91, p 17).

Part 2 of the Order enforces the requirements of Council Regulation (EC) No 1/2005 in relation to transport (article 5), transporters (article 6), roll-on-roll-off vessels (article 7) organisers (article 8), keepers (article 9) and assembly centres (article 10). It also enforces the requirements of Council Regulation (EC) No 1255/97 in relation to control posts (article 11). Article 11 makes it an offence to use an unapproved control post and to operate a control post without prior approval.

Part 3 provides derogations relating to means of transport by road used in respect of journeys not exceeding 12 hours in order to reach the final destination (articles 12 to 19).

Part 4 provides for the amendment, suspension or revocation of approvals, authorisations or certificates and for representations against a notice to amend, suspend or revoke them (articles 20 to 23).

Inspectors are given powers to require compliance with the Order, including the power to stop a journey (article 24).

Owners and charterers of vessels used to transport animals are required to produce information on demand to an officer of the National Assembly, which may include a plan of the vessel (article 26).

The Order is enforceable by local authorities (article 29).

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 Appraisal has been prepared and copies can be obtained from the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.


Notes:

[1] 1981 c. 22 as amended by the Animal Health Act 2002 c.42.back

[2] Functions transferred to the National Assembly by the National Assembly (Transfer of Functions) Orders 1999 and 2004 (S.I. 1999/672 and S.I. 2004/3044 respectively).back

[3] OJ L 3, 5.1.2005 p.1.back

[4] OJ L 174, 2.7.97 p.1.back

[5] O.S. 2003/1968 (Cy.213).back

[6] 1998 c.38.back

[7] S.I. 1975/1024.back

[8] S.I. 1981/1051.back

[9] S.I. 1997/1480.back

[10] S.I. 1998/2537.back

[11] S.I. 1999/1622back



Cymraeg (Welsh)



ISBN 978 0 11 091567 8


 © Crown copyright 2007

Prepared 10 April 2007


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/wales/legis/num_reg/2007/20071047e.html