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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Pet Travel Scheme (Scotland) Order 2003 No. 229 URL: http://www.bailii.org/scot/legis/num_reg/2003/20030229.html |
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Made | 31st March 2003 | ||
Laid before the Scottish Parliament | 31st March 2003 | ||
Coming into force | 8th April 2003 |
1. | Citation, commencement and extent |
2. | Interpretation |
3. | Exemption from quarantine for pet cats and pet dogs |
4. | Application |
5. | Recognition of laboratories |
6. | Derogation for pet cats and pet dogs identified outside Scotland |
7. | Carriers |
8. | Duties of approved carriers |
9. | Powers of officers of the Scottish Ministers and local authorities |
10. | Approvals |
11. | Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 |
12. | Enforcement |
Schedule 1: | Qualifying European countries and territories and requirements relating to these |
Schedule 2: | Information to be contained in the official health certificate relating to rabies vaccination |
Schedule 3: | Declaration for completion by the person bringing the animal into Scotland and qualifying countries for the Pet Travel Scheme |
Schedule 4: | Conditions of approval for carriers |
Schedule 5: | Qualifying non-European countries and territories and requirements relating to these |
(2) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000[4], which has been recorded and is consequently capable of being reproduced.
Exemption from quarantine for pet cats and pet dogs
3.
- (1) A person may bring a pet cat or pet dog into Scotland on or after 8th April 2003 without complying with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, if all the conditions relating to the importation of that animal in this Order are complied with.
(2) Nothing in this Order shall apply in relation to an animal brought into Scotland directly from other parts of the British Islands or from the Republic of Ireland.
Application
4.
- (1) The provisions of this Order shall apply in relation to animals travelling from countries and territories listed in paragraph 1 of Schedule 1 or paragraph 1 of Schedule 5 except in so far as otherwise specified.
(2) The provisions of Schedule 1 (qualifying European countries and territories) shall apply in relation to animals travelling from countries or territories listed in paragraph 1 of Schedule 1.
(3) The provisions of Schedule 5 (qualifying non-European countries and territories) shall apply in relation to animals travelling from countries or territories listed in paragraph 1 of Schedule 5.
Recognition of laboratories
5.
- (1) The Scottish Ministers may recognise laboratories as being competent to carry out blood tests for the purposes of this Order by designating individual laboratories or a category of laboratories as so competent.
(2) The Scottish Ministers shall publish a list of recognised laboratories in such manner as they think fit.
Derogation for pet cats and pet dogs identified outside Scotland
6.
- (1) This article applies where the competent authority of a country or territory specified in paragraph 1 of Schedule 1 or paragraph 1 of Schedule 5 or a body authorised by such a competent authority, operates a mandatory identification system under which animals are required to be registered and identified by tattoo and microchip or by tattoo only.
(2) In such a case and after an animal has been identified in accordance with such a requirement, it may be brought into Scotland, notwithstanding the requirements of paragraph 3(1) and (2) of Schedule 1, if it is vaccinated and subsequently blood sampled for rabies in accordance with any or all of the requirements of paragraph 3(2)(a) and (b) and (3)(a) of Schedule 1 before it has been implanted with a microchip.
Carriers
7.
- (1) The Scottish Ministers may approve a carrier in writing under this article to transport animals under this Order, which approval may be subject to conditions over and above the requirements of Schedule 4, if they are satisfied that-
(2) The approval shall specify-
(3) The carrier shall provide such information to the Scottish Ministers as they may reasonably require, for the purposes of considering an application for approval and enforcing an approval granted under paragraph (1).
(4) Before making a decision in respect of an application for the approval of a carrier under paragraph (1), the Scottish Ministers shall give the applicant an opportunity of making representations in that regard within such time and in such form as they think fit and shall consider any such representations before making the decision in the case.
Duties of approved carriers
8.
- (1) Before bringing an animal into Scotland a carrier approved under article 7 shall check, in respect of each animal that it carries under this Order, the two health certificates required under paragraph 4(1) of Schedule 1 and the declaration required under paragraph 4(5) of that Schedule and shall satisfy itself that-
(d) the declaration relating to the animal's place of residence in the previous six months has been signed by the person accompanying the animal.
(2) The checks shall be carried out in the place and in the manner as may be specified in the approval.
(3) If the checks are carried out before the animal is taken on to the means of transport, the approved carrier shall not bring an animal into Scotland under this Order unless it has carried out the checks in paragraph (1) and is satisfied that the animal complies with the provisions of that paragraph.
(4) If the checks are carried out during transport or after an animal has landed in Scotland-
(5) If, after carrying out the check under paragraph (1) (whether the check is carried out before the animal is taken on to the means of transport, during transport or after landing), the carrier is satisfied that an animal may be brought into Scotland in accordance with this Order, the carrier shall-
(6) If the carrier does not have a reader capable of reading the microchip, no person shall bring an animal into Scotland unless that person provides a reader for the microchip at the time the carrier checks the identity of the animal.
(7) If the carrier does not have a reader capable of reading the microchip, that carrier shall take all reasonable steps to bring that fact to the notice of any person who is likely to be affected by it.
(8) It shall be a defence to a criminal prosecution for a contravention of paragraph (6) or paragraph 2(2) of Schedule 5 that the accused had reasonable grounds for believing that the carrier had available to it, a reader capable of reading the microchip.
Powers of officers of the Scottish Ministers and local authorities
9.
An officer of the Scottish Ministers or a local authority may stop any vehicle displaying a windscreen sticker or hanger indicating that an animal is being carried, or any other vehicle in which that officer reasonably suspects that an animal is being carried, or any person in possession of an animal or whom that officer suspects to be in possession of an animal, at any place-
and may carry out any checks and searches which may be necessary for the purposes of the enforcement of this Order.
Approvals
10.
- (1) Approvals of a carrier under this Order may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Scottish Ministers are reasonably of the opinion that the provisions of this Order are not being complied with or that the written procedures and contingency plans produced under Schedule 4 have not been complied with.
(2) Before making a decision to amend, suspend or revoke an approval of a carrier under paragraph (1), the Scottish Ministers shall-
Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
11.
- (1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974[5] is amended by adding the following provisions.
(2) After article 4B there shall be added-
(3) After article 5B there shall be added-
(c) it has not been out of the British Islands, the Republic of Ireland, or the countries or territories listed in Schedule 1 to the 2003 Order in the six months prior to the proposed release date; and
(d) in the case of a pet cat or pet dog brought from a country or territory listed in Schedule 5 to the 2003 Order-
(2) If the Scottish Ministers are satisfied that the pet cat or pet dog was not exposed to risk of infection of rabies during its journey, they may authorise the release of the pet cat or pet dog from quarantine notwithstanding that the requirements of paragraph (1)(d) above have not been complied with.
(3) The Scottish Ministers may-
(4) In this article, "pet cat", "pet dog" and "microchip" have the same meaning as they have in the 2003 Order.".
(4) After paragraph (2) of article 6 there shall be added-
Enforcement
12.
This Order shall, except where otherwise provided, be executed and enforced by the local authority.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
31st March 2003
2.
- (1) The animal must be brought into Scotland using a carrier approved under article 7 , travelling directly from one of the countries or territories in paragraph 1 of this Schedule, without leaving the vessel or aircraft in which it is travelling between its departure from one of those countries or territories and its arrival in Scotland.
(2) For the purposes of paragraph (1), in the event of an aircraft being diverted from its scheduled destination, the carrier shall transport the animal to the scheduled destination at its own expense.
3.
- (1) Any animal before being brought into Scotland in terms of this Order must be identifiable by means of a microchip implanted into its body.
(2) Before being brought into Scotland, but after it has been implanted with a microchip, the animal must-
(3) After it has been vaccinated against rabies, and at least six months before it is brought into Scotland, a blood sample must have been taken from the animal and the blood sample must thereafter be tested for rabies antibodies using a virus neutralisation test at a recognised laboratory, with the result of that test demonstrating a protective antibody titre of at least 0.5 international units per millilitre.
(4) Not less than 24 hours and not more than 48 hours before embarkation for Scotland the animal must have been treated by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment is administered against Echinococcus multilocularis and ticks, using veterinary medicines with marketing authorisations for these purposes in the country in which they are administered and at an appropriate dosage; which
(5) The treatment against ticks must not be by means of a collar impregnated with acaricide.
(6) The animal must not have been outside the other parts of the British Islands, the Republic of Ireland or the countries or territories in paragraph 1 of this Schedule or paragraph 1 of Schedule 5 for the period of six months immediately preceding the date it is brought into Scotland.
4.
- (1) Any animal brought into Scotland must be accompanied by two official health certificates, one relating to rabies vaccination and one relating to treatment for Echinococcus multilocularis and ticks.
(2) The official health certificates-
(3) The official health certificate relating to rabies vaccination shall contain the information specified in Schedule 2.
(4) The official health certificate relating to Echinococcus multilocularis and ticks shall state-
(5) In addition to the official health certificates, the person bringing the animal into Scotland in accordance with this Order shall, at the time the animal is brought in, carry a written, signed declaration in English in, or as near as may be to, the form set out in Part I of Schedule 3 that the animal has not been outside the territories set out in Part II of that Schedule in the period of six months immediately preceding the date on which it is brought into Scotland.
5.
- (1) A person bringing an animal into Scotland in a vehicle on a ferry in accordance with this Order shall display the sticker or hanger given to that person by the carrier, in a prominent position on the windscreen of that vehicle until the vehicle leaves the confines of the port of arrival.
(2) A person who is a foot passenger on a ferry or a passenger on an aircraft bringing an animal into Scotland in accordance with this Order shall not remove the label attached by the carrier to the collar or carrying cage until that person responsible leaves the confines of the port or airport of arrival.
(3) A person bringing an animal into Scotland in accordance with this Order shall-
the two health certificates required under paragraph 4(1) and the declaration required under paragraph 4(5) and, in the case of a foot passenger, the certificate of entry given to that person by the carrier under article 8(5); and
(b) make that animal available for checking by such an officer for the purposes of the execution and enforcement of this Order.
with microchip number(s) |
Name: |
Permanent Address: | Address in UK: (if different) |
Vehicle registration (if applicable) |
Signature: | Date: |
Andorra | Germany | Portugal (c) |
Antigua and Barbuda | Gibraltar | Republic of Ireland |
Ascension Island | Greece | St Helena |
Australia | Hawaii | St Kitts and Nevis |
Austria | Iceland | St Vincent |
Bahrain | Italy | San Marino |
Barbados | Jamaica | Singapore |
Belgium | Japan | Spain(d) |
Bermuda | Liechtenstein | Sweden |
British Islands and Republic of Ireland | ||
Canada | Luxembourg | Switzerland |
Cayman Islands | Malta | |
The Island of Cyprus (Note: the animal may come from any part of the Island of Cyprus. All certification must be issued by the government of the Republic of Cyprus.) | Mauritius | Channel Islands and |
Denmark | Monaco | Isle of Man |
Falkland Islands | Montserrat | United States of America(e) |
Fiji | Netherlands | Vanuatu |
Finland | New Zealand | Vatican City |
France(a) | Norway(b) |
3.
Written procedures shall be set out in respect of the appropriate steps if an animal presented for travel fails to comply with this Order, or if an animal is discovered that the carrier reasonably suspects is intended to be transported to Scotland without being presented to the carrier for checking.
4.
Written contingency plans shall be set out for dealing with emergencies, including plans for vessels being diverted to another place of landing.
5.
Adequate facilities for checking animals under this Order shall be provided, which shall be adequately equipped, manned and maintained.
6.
Appropriate arrangements for the provision of veterinary assistance shall be provided where this proves necessary.
Antigua and Barbuda | Fiji | Mayotte |
Ascension Island | French Polynesia | Montserrat |
Australia | Guadeloupe | New Caledonia |
Bahrain | Hawaii | New Zealand |
Barbados | Jamaica | St Helena |
Bermuda | Japan | St Kitts and Nevis |
Canada | La Réunion | St Vincent |
Cayman Islands | Martinique | Singapore |
Falkland Islands | Mauritius | United States of America (which in this Schedule means the coterminous United States and Alaska but excludes Hawaii and any dependencies or other territories) |
Vanuatu | ||
Wallis and Fortuna |
but cats which pass through Australia on the way to Scotland do not need this certificate provided they do not leave the perimeter of an airport while in Australia.
Identification
2.
- (1) The animal shall be identified by means of a microchip implanted into its body.
(2) If the carrier does not have a reader capable of reading the microchip, no person shall bring an animal into Scotland unless that person provides a reader for the microchip at the time the carrier checks the identity of the animal.
Health status
3.
- (1) Prior to being brought into Scotland, the animal shall be vaccinated against rabies as specified in paragraph 3(2) of Schedule 1, and a blood sample from the animal shall be taken and tested in accordance with paragraph 3(3) of Schedule 1.
(2) If the animal is brought into Scotland from Canada or the United States of America it shall be treated against Echinococcus multilocularis and ticks in the country of export as specified in paragraphs 3(4) and 3(5) of Schedule 1.
(3) If the animal is brought into Scotland from a country or territory listed in paragraph 1 of this Schedule other than Canada or the United States of America, it shall be treated against Echinococcus multilocularis and ticks in the country of export, as specified in paragraphs 3(4) and 3(5) of Schedule 1, except that the treatment for ticks must contain fipronil as the active ingredient.
(4) The animal shall not have been outside the countries or territories listed in paragraph 1 of Schedule 1 or paragraph 1 of this Schedule in the period of six months immediately preceding the date on which the animal is brought into Scotland.
Documentation
4.
The provisions of paragraph 4(2) to (5) of Schedule 1 shall apply to animals brought into Scotland from a country or territory listed in paragraph 1 to the extent that the animal shall be accompanied by-
Means of transport
5.
An animal must be transported to Scotland by air (except an animal from Ascension Island, the Falkland Islands or St Helena, which may be transported by sea) by a carrier approved under article 7 from one of the countries or territories in paragraph 1 of this Schedule.
Official seals
6.
- (1) No animal may be transported to Scotland by air, unless the container in which the animal is transported is sealed by an official authorised by the competent authority of the exporting country with the official seal of that authority.
(2) For the purposes of paragraph (1), the construction of the container and the location of the seal shall be such that the container cannot be opened without breaking the seal.
(3) The official applying the seal shall write the number of the seal on the health certificate relating to treatment for Echinococcus multilocularis and ticks, sign it and stamp it with the official stamp of the competent authority.
(4) If, during transport, the official seal is broken, it must, before the animal is brought into Scotland be replaced by an official authorised by the competent authority of the country or territory in which the seal is broken with the official seal of that authority, who shall certify in writing that, between the time that the original seal was broken and the replacement applied, the animal did not come into contact with any other animal.
Arrival in Scotland by air
7.
- (1) On arrival in Scotland, the carrier shall examine the seal on the animal's container.
(2) If the seal is unbroken (or the container has been re-sealed under paragraph 6(4) and there is a certificate to that effect in accordance with that paragraph accompanying the animal) and its number corresponds to the number of the seal entered on the certificate, the carrier shall check the microchip and the documentation required under paragraphs 2 and 4 in the manner specified in article 8(1) (and, in the case of a cat arriving from Australia, the certificate relating to the Hendra virus required under paragraph 1(2)), and shall comply with the provisions of article 8(4) and 8(5)(a).
(3) If the seal is missing or is broken (other than in the circumstances described in paragraph 6(4)) or if the number on the seal does not correspond to the number of the seal entered on the certificate, the carrier shall ensure that the animal is taken into quarantine in accordance with article 8(4)(b); but if the Scottish Ministers are satisfied, after the animal has been taken into quarantine, that the animal was not exposed to risk of infection of rabies during its journey, they may notwithstanding the requirements of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 subsequently authorise the release of the animal from quarantine.
Arrival in Scotland by sea
8.
- (1) If an animal is brought in by sea from Ascension Island, the Falkland Islands or St Helena the carrier shall check the microchip and the documentation required by paragraphs 2 and 4 of this Schedule in the manner specified in article 8(1).
(2) If the carrier is satisfied that the documentation is correct and that, throughout the voyage, the animal has had no contact with any other animal, and has not been put ashore at any point, it shall release the animal to its owner or to a representative of the owner.
(3) If the carrier is not so satisfied, the carrier shall ensure that the animal is taken into quarantine in accordance with article 8(4)(b).
[3] S.I. 1974/2211 as relevantly amended in relation to Scotland by 1977/361, 1984/1182, 1986/2062 and 1994/1405 and 1716. Article 4A was added by S.I. 1994/1716..back
[5] For the purposes of the amendments in Article 11(2) to (4), see S.I. 1999/3443, S.I. 2001/6 and S.I. 2002/882.back
© Crown copyright 2003 | Prepared 10 April 2003 |