Title, commencement, extension of definitions and interpretation

1.-(1) This Order may be cited as the Welfare of Animals during Transport Order 1994 and shall come into force on 23rd January 1995.

(2) For the purposes of the Act in its application to this Order-

(a)the definition of animals in section 87(1) of the Act shall be extended to comprise-

(i)any kind of mammal except man;

(ii)any kind of four footed beast which is not a mammal;

(iii)any fish, reptiles, crustaceans; and

(iv)any other cold blooded creatures of any species; and

(b)the definition of poultry in section 87(4) of the Act shall be extended to comprise all species of bird.

(3) In this Order-

"the Act" means the Animal Health Act 1981;

"animal" includes any animal and any bird; and

"Divisional Veterinary Officer" means a veterinary inspector appointed as such by the Minister.

(4) In this Order, except where the context otherwise requires, distances shall be calculated from the start of the transport of the animals to the place of destination and the calculation of journey times shall include the time taken in loading and unloading the animals.

(5) A notice served under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked in writing at any time.

Exemption

2. This Order shall not apply to the transport of pet animals unless in the course of a business or trade.

General provisions on the protection of animals

3.-(1) No person shall cause or permit an animal to be transported in a way which causes or is likely to cause injury or unnecessary suffering to the animal.

(2) No person shall cause or permit the transport of an animal that is unfit by reason of it being a new-born, diseased, infirm, ill, injured or fatigued or having given birth within the preceding 48 hours or being likely to give birth during transport or for any other reason.

(3) Notwithstanding the provisions of paragraph (2) above, a bovine, ovine, caprine, porcine or equine animal may be transported to the nearest available place for veterinary treatment or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness, but such an animal may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment.

(4) No person shall cause or permit a cervine animal in velvet to be transported unless the journey is of 50 km or less and special precautions are taken to protect it from injury and unnecessary suffering.

(5) Nothing in this article shall apply to any act lawfully done under the Animals (Scientific Procedures) Act 1986(2).

Loading and unloading animals

4.-(1) No person shall load any animal into or unload any animal out of a vessel, aircraft or vehicle, or cause or permit such loading or unloading, in a way which causes or is likley to cause injury or unnecessary suffering to the animal.

(2) Without prejudice to the generality of paragraph (1) above, it shall be the duty of any person in charge of an animal which is being loaded into, unloaded out of or carried in a vessel, aircraft or vehicle, to ensure that the said animal is not, and is not likely to be, caused injury or unnecessary suffering-

(a)by reason of inadequately constructed or insecure fittings in that part of the vessel, aircraft or vehicle, or in the receptacle, in which the animal is to be or is being carried;

(b)by coming into contact with any fitting or other part of the vessel, aircraft or vehicle which has not been adequately padded or fenced off, or with any other obstruction;

(c)from undue exposure to the action of the weather or the sea;

(d)from an inadequate supply of fresh air, whether the vessel, aircraft or vehicle is stationary or in motion; or

(e)from exposure to undue fluctuations in temperature, humidity or air pressure, or from undue exposure to noise or vibration.

Feeding and watering intervals

5.-(1) Subject to paragraphs (2), (3) and (4) below, it shall be the duty of any person in charge of an animal which is being transported on a vessel, aircraft, railway or vehicle to ensure that, as suitable to its species-

(a)it has been provided with water and appropriate food at an appropriate time before the start of any journey, and

(b)at suitable intervals during the journey, it is provided with water, food and rest.

(2) In respect of bovine, ovine, caprine, porcine and equine animals the interval between the occasions when rest, food and water are provided in accordance with paragraph (1)(b) above shall not exceed 15 hours.

(3) In respect of domestic dogs and cats-

(a)the interval between the occasions when food is provided in accordance with paragraph (1)(b) above shall not exceed 24 hours and the interval between the occasions when water is so provided shall not exceed 12 hours, and

(b)clear, written instructions on feeding and watering must be given to the persons responsible for feeding and watering them.

(4) The provisions of paragraph (1) above shall not apply in the cases of-

(a)poultry and rabbits if their transport is completed within 12 hours (disregarding the time taken in loading and unloading), and

(b)poultry chicks, if their transport is completed within 72 hours of their being hatched and lasts less than 24 hours.

• In this paragraph and in article 9(2) below "poultry" means domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails.

General duties on persons in charge of animal transport undertakings

6. Every person in charge of any animal transport undertaking which transports animals in the course of a business or trade shall-

(a)ensure that the animals are entrusted only to persons possessing the knowledge necessary to administer appropriate care to the animals in transport;

(b)ensure, in the case of animals travelling unaccompanied, that the consignee is prepared to receive them; and

(c)ensure that the animals are transported without delay to their place of destination.

Journey plans

7.-(1) This article shall apply-

(a)in the case of bovine, ovine, caprine, porcine or equine animals, if the journey is likely to exceed 15 hours, and

(b)in the case of any other animal, if the journey is likely to exceed 24 hours.

(2) The person in charge of any animal transport undertaking which transports animals in the course of a business or trade shall draw up a journey plan, in such form as the Minister may from time to time require, containing the information set out in Schedule 1 to this Order and signed by him or on his behalf, showing-

(a)the arrangements, appropriate to their species, for the animals to be rested, fed and watered;

(b)if necessary, the arrangements for the animals to be unloaded and given accommodation suitable to their species; and

(c)the arrangements for feeding and watering in the event that the planned journey is changed or disrupted.

(3) The person in charge of the transport undertaking shall-

(a)ensure that during the journey the consignment is accompanied by the journey plan;

(b)take all reasonable steps to ensure that the journey plan is adhered to; and

(c)take all reasonable steps to ensure that the operator of any resting place specified in the journey plan signs the journey plan to confirm that the animals were rested there in accordance with the journey plan.

(4) When the journey is completed, the person who drew up the journey plan shall certify in writing on the journey plan that the journey plan was adhered to during the journey, or, if it was not adhered to, shall certify on the journey plan the extent to which it was adhered to together with full details of any material differences between the journey which took place and the journey plan, and send it within 15 days of completion of the journey to the Divisional Veterinary Officer for the area in which the journey began.

(5) The journey plan shall specify the address of each place at which the animals are to be rested, and the person in charge of the transport undertaking shall ensure that transport of the animals is not begun unless reservations have been made at all resting places specified in the journey plan, and that he has received confirmation of the reservations in writing.

(6) The person in charge of the transport undertaking shall ensure that a copy of the journey plan is kept for a period of six months from the end of the journey, and shall produce it at the request of an inspector and allow copies to be taken.

(7) In the case of a limited company, the journey plan shall be signed by a director of that company or a person within the company nominated by him in writing to act on behalf of the company, and in the case of a partnership shall be signed by one of the partners.

(8) Any person making a false certification under this article shall be guilty of an offence against the Act.

Animal transport certificates

8.-(1) This article shall apply in the case of those journeys which are not required to have a journey plan under article 7 above.

(2) Subject to article 9 below, the person in charge of any animal transport undertaking which transports animals in the course of a business or trade shall ensure that during the journey the consignment is accompanied by an animal transport certificate in such form as the Minister may from time to time require, containing the information set out in Schedule 2 to this Order and signed by him or on his behalf.

(3) The person in charge of the transport undertaking shall ensure that the animal transport certificate is kept for a period of six months from the end of the journey, and shall produce it at the request of an inspector and allow copies to be taken.

(4) In the case of a limited company, the animal transport certificate shall be signed by a director of that company or a person within the company nominated by him in writing to act on behalf of the company, and in the case of a partnership shall be signed by one of the partners.

(5) Any person making a false certification under this article shall be guilty of an offence against the Act.

Exceptions

9.-(1) Where animals of the bovine, ovine, caprine or porcine species or domestic equines are transported-

(a)for a distance of 50 km or less, to, from or within land used for agricultural purposes;

(b)in a vehicle owned by the owner or occupier of that land; and

(c)the vehicle has an internal length of not more than 3.1 metres available for the carriage of animals,

then the following provisions shall not apply-

(i)article 8(5) of the Transit of Animals (Road and Rail) Order 1975(3) (the requirement to protect the animals from the motion of the means of transport);

(ii)paragraphs 3 (provision of barriers or straps), 6 (internal ramps and lifting gear) and 11 (protective cover) (so far as the last requires the vehicle to be equipped with suitable overhead protection) of Schedule 1 to the Transit of Animals (Road and Rail) Order 1975; and

(iii)the provisions of this Order relating to animal transport certificates.

(2) The provisions of this Order relating to animal transport certificates shall not apply to transport of poultry which are transported for a distance of 50 km or less where-

(a)the number of poultry so transported is less than 50, or

(b)the entire journey is on land occupied by the owner of the poultry.

(3) The provisions of this Order relating to animal transport certificates shall not apply to the transport for a distance of 50 km or less of any animal not referred to in paragraphs (1) and (2) above.

IATA and CITES

10.-(1) No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association.

(2) No person shall transport an animal to which the Convention on International Trade in Endangered Species refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with the standards set by the International Air Transport Association.

Travel by sea and air

11. Animals shall not be carried by sea or air if, in the judgement of the master or commander there are grounds for believing that, due to adverse weather conditions, the voyage or flight will be attended by serious risk to the animals of injury, suffering or death.

Other provisions additional to existing welfare legislation

12. In addition to the provisions of Orders made under section 37, 38 or 39 of the Act, it shall be an offence for any person to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 3 to this Order.

Third countries

13. No person shall import any animal from outside the European Union into Great Britain, either for importation into Great Britain or transit through Great Britain, unless he has given a written undertaking to the Divisional Veterinary Officer for the place of importation to comply with the requirements of Council Directive 91/628/EEC on the protection of animals during transport(4) and has made arrangements to comply with them.

Enforcement

14.-(1) This Order shall be executed and enforced by the local authority.

(2) The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority.

Powers of an inspector before transport begins

15.-(1) Where an inspector considers that an animal intended to be transported in the course of a business or trade is not fit for the intended journey, either because such transport would contravene article 3(2) or (4) of this Order or for any other reason, he may mark or otherwise identify the animal and may by notice served on the person appearing to him to be in charge of the animal-

(a)prohibit that transport of the animal, either indefinitely or for a period specified in the notice, giving the reasons for such prohibition, or

(b)specify conditions under which the animal may be transported, giving the reasons for such conditions.

(2) Where an inspector considers that any person who transports animals in the course of a business or trade is about to transport any animal, or cause any animal to be transported, in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with any of the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, he may by notice served on the person appearing to him to be in charge of the animal-

(a)prohibit such transport, either indefinitely or for the period specified in the notice, giving the reasons for such prohibition, or

(b)specify conditions under which the animal may be transported, giving the reasons for such conditions.

(3) In deciding whether or not the transport of animals is likely to cause injury or is likely in any way to be in breach of the provisions of this Order, if he is an inspector appointed by the Minister, the inspector may take into account any previous failure by the transport undertaking to comply with any of the provisions of this Order or any other Order made under sections 37, 38 or 39 of the Act, and in particular any failure to submit a completed and correct journey plan at the end of any previous transportation of animals, and any failure to comply with that journey plan without good reason.

(4) An inspector serving a notice under this article shall send a copy to the transport undertaking at the address shown on the journey plan or animal transport certificate or, if there is no journey plan or certificate, to the head office of the undertaking.

(5) It shall be an offence against the Act for any person to remove or deface any mark or other identification applied by an inspector under paragraph (1) above.

Powers of inspectors in the course of transport

16.-(1) If it is found in the course of transport that any person who transports animals in the course of a business or trade is transporting an animal in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with any of the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, an inspector may by notice served on the person appearing to him to be in charge of the animal require that person to take any action which the inspector considers necessary in order to safeguard the welfare of the animals concerned, giving reasons for such requirement.

(2) Without prejudice to the generality of paragraph (1) above, an inspector may in particular-

(a)require the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;

(b)specify conditions under which the animals may be transported;

(c)require the animals to be held in suitable accommodation with appropriate care until the problem is solved; or

(d)require the humane slaughter of the animals.

(3) If any person in charge of the animals fails to comply with the requirements of the notice, the inspector shall have powers to carry out such requirements himself, or cause them to be carried out, and the person in charge of the transport undertaking shall be liable for the cost of such action.

(4) An inspector serving a notice under this article shall send a copy to the transport undertaking at the address shown on the journey plan or animal transport certificate or, if there is no journey plan or certificate, to the head office of the undertaking.

Offences by bodies corporate

17.-(1) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of-

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1) above, "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under this Order is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Revocations, amendments and disapplication

18.-(1) The Welfare of Animals during Transport Order 1992(5) is hereby revoked.

(2) The Transit of Animals (Road and Rail) Order 1975(6) is hereby amended as follows-

(a)In Schedule 2 of that Order, after paragraph 2(1) there shall be inserted the following-

"(1A) In the case of bulls and boars, the provisions of the preceding subparagraph shall not apply if the animals being transported have been raised in compatible groups or are accustomed to one another, provided that bulls are only carried with other bulls and boars are only carried with other boars.";

(b)Paragraph 4(d) of Schedule 2 of that Order is hereby revoked.

(3) The Export of Animals (Protection) Order 1981(7) shall not apply to the export of animals to another member State of the European Union.

Article 7

SCHEDULE 1JOURNEY PLAN

SECTION 1 -INFORMATION TO BE PROVIDED BEFORE THE JOURNEY

1. Name and full address of the owner of the animals.

2. Number and species of animals to be carried.

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

4. Registration number of the vehicle (and trailer if different).

5. Name of person in charge during the journey.

6. The place of departure where animals are loaded, with full address.

7. The planned date and time of departure.

8. For any air or sea stages of the journey, the name of the shipping company or airline, the port and planned time of departure and the port and planned time of arrival (local time).

9. The full address, including postcode, of each resting place, together with the planned date and time of arrival (local time), the planned length of stop, and an indication of whether food and water are to be provided.

10. The full address of the final destination including postcode.

11. The estimated date and time of arrival at the final destination (local time).

12. Estimated total journey time.

13. Name of person in charge of the transport undertaking.

SECTION 2 -INFORMATION TO BE PROVIDED DURING THE JOURNEY

14. Actual date and time of loading of first animal.

15. The actual date and time of departure from the place of loading.

16. For any air or sea stages of the journey, the name of the shipping company or airline, the port and actual time of departure and the port and actual time of arrival (local time).

17. The full address of each resting place used, together with the actual date and time of arrival (local time), the actual length of stop, and an indication of whether food and water were provided.

18. The actual date and time of arrival at final destination (local time) and the actual journey time taken.

Article 8

SCHEDULE 2ANIMAL TRANSPORT CERTIFICATE

1. Name and full address of the owner of the animals.

2. Number and species of animals to be carried.

3. The place of departure where animals are loaded, with full address.

4. Date and time of loading of first animal.

5. The date and time of departure.

6. The full address of the final destination, including postcode.

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

8. Registration number of the vehicle (and of trailer if different).

9. Name of person in charge during the journey.

10. Name and signature of person in charge of the transport undertaking.

11. Date and time of arrival at the final destination (to be provided after the journey).

Article 12

SCHEDULE 3PROVISIONS ADDITIONAL TO OTHER WELFARE LEGISLATION

General provisions applicable to all animals

1. Animals in transport shall be provided with sufficient room to lie down, unless that would lead to a risk of injury or harm.

2. Unless it would cause unnecessary suffering, solipeds shall wear halters, except in the case of unbroken foals or animals transported in individual boxes.

3. Tethers shall be of a kind such as to eliminate any danger of strangulation or injury.

4. Animals shall not be tied by a nose ring.

5. Solipeds shall not be transported in vehicles with more than one deck.

6. Animals of different species shall be segregated in transport, except where that would cause distress in a companion animal.

7. Stallions shall not be transported in the same vehicle or aircraft unless they are used to each other or are effectively separated from one another.

8. Domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species shall not be suspended by mechanical means, nor lifted nor dragged by the head, horns, legs, tail or fleece.

9. The use of electric prods shall be avoided as far as possible.

10. The floor of the means of transport shall be covered with sufficient litter to absorb droppings unless droppings are regularly removed.

11. Consignments of livestock shall be accompanied by an attendant except-

(a)where animals are transported in containers which are secured, adequately ventilated and, where necessary, contain enough food and water in dispensers which cannot be tipped over, for a journey of twice the anticipated time; or

(b)where the consignor has appointed an agent to care for the animals at appropriate staging points.

12. Animals in milk shall, where necessary, be milked and in the case of cows they shall be milked at intervals of about 12 hours and not more than 15 hours.

13. Animals shall be loaded only into means of transport which have been thoroughly cleaned and, where appropriate, disinfected. Dead animals, litter and droppings shall be removed as soon as possible.

14. Animals travelling by rail shall be transported in covered trucks fitted with rings or bars, at a suitable height, to which the animals may be attached if necessary.

15. Solipeds travelling by rail shall be secured in such a way that they are all facing the same way, except when travelling in individual boxes.

16. Road vehicles in which animals are transported shall be equipped with weather proof roofs.

17. Animals transported by sea shall be tethered or suitably accommodated in pens or containers.

18. Where animals are transported by sea, there shall be provision for isolation of ill or injured animals during the voyage and for first aid treatment to be given.

19. Where animals are transported in road vehicles on board ship-

(a)the animals' compartment shall be properly fixed to the vehicle; the vehicle and the animals' compartment shall be equipped with adequate tying facilities enabling them to be secured fast to the ship. On a covered deck of a roll-on/roll-off vessel, sufficient ventilation for the number of vehicles transported must be maintained. Where possible, a vehicle for the transport of animals should be placed near a fresh air inlet;

(b)the animals' compartment shall have a sufficient number of vents or other means of ensuring that it is adequately ventilated bearing in mind that the air flow is restricted in the confined space of the ship's vehicle hold. There must be sufficient room inside the animals' compartment and at each of its levels to ensure that there is adequate ventilation above the animals where they are in a naturally standing position; and

(c)direct access must be provided to each part of the animals' compartment so that the animals can, if necessary, be cared for, fed and watered during the voyage.

20. In the case of animals transported by air, every freight aircraft must carry an appropriate instrument for humane slaughter.

Poultry and rabbits

21. In the case of poultry (as defined in article 5(4)) and rabbits, their accommodation shall be drained and kept in a sanitary condition.

Domestic dogs and domestic cats

22. In the case of domestic dogs and domestic cats-

(a)when transported by sea, animals shall be provided with accommodation which has drainage and is kept in a sanitary condition;

(b)in any form of transport, females in oestrus shall be separated from males.

Other animals

23. In the case of animals other than domestic solipeds, bovines, ovines, caprines, porcines, poultry (as defined in article 5(4)), rabbits, dogs and cats-

(a)when transported by road, tying facilities shall be provided in vehicles which are used in the transport of such animals which are normally required to be tied. Partitions, if supplied, shall be of rigid construction;

(b)suitable equipment for loading and unloading of such mammals and birds (such as bridges, ramps or gangways) shall be used. The flooring of this equipment shall be constructed so as to prevent slipping and the equipment shall be provided with lateral protection if necessary. During transport the animal shall not be suspended by mechanical means nor lifted or dragged by the head, horns, legs, tail, wing or feathers;

(c)when transported by sea, all parts of the animal's accommodation shall be provided with drainage and shall be kept in a sanitary condition;

(d)infants incapable of feeding themselves and which are not accompanied by the mother shall not be transported;

(e)sedation shall be administered only exceptionally and under the direct supervision of a veterinary surgeon. Written details of such sedation shall accompany the animal to its destination;

(f)where the means of transport or container contains animals which are wild, timid or dangerous, a notice to that effect shall be fixed to it;

(g)written instructions as to feeding and watering and any special care required shall accompany the animals;

(h)such animals shall be held for an appropriate period prior to transport to condition them to the experience. During that period they shall, if necessary, be moved gradually into their container.

(i)birds shall be kept in semi-darkness;

(j)animals of different species shall not be placed in the same container;

(k)animals of the same species shall not be placed in the same container unless they are known to be compatible with each other;

(l)marine mammals shall have a qualified attendant with them at all times;

(m)the containers within which marine mammals are transported shall not be stacked; and

(n)such mammals and birds shall not be housed near foodstuffs nor in places to which the general public has access.

Explanatory Note

(This note does not form part of the Order)

This Order revokes and re-enacts with modifications the Welfare of Animals during Transport Order 1992. Taken with other welfare legislation, it implements Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p.17). The other legislation referred to is as follows-

• The Transit of Animals Order 1927

• The Animals (Sea Transport) Order 1930

• The Horses (Sea Transport) Order 1952

• The Transit of Animals (General) Order 1973

• The Transit of Animals (Road and Rail) Order 1975

• The Importation of Animals Order 1977

• The Welfare of Poultry (Transport) Order 1988.

The Order makes general provision for the welfare of animals in transport (articles 3 and 4). It sets out feeding and watering intervals for animals in transport (article 5) and requires persons who transport animals in the course of business to ensure that animals are entrusted to people possessing the appropriate knowledge (article 6). It requires journey plans for certain journeys (article 7) and animal transport certificates for all others (article 8).

There are exceptions in relation to pets and certain short journeys (articles 2 and 9). There are special provisions in relation to deer in velvet (article 3(4)).

The Order refers to the guidelines issued by the International Air Transport Association ("IATA") and under the Convention on International Trade in Endangered Species ("CITES") (article 10). Copies of the relevant documents can be obtained from-

It prohibits importation of animals from third countries except under the conditions required by Directive 91/628/EEC (article 13).

The Order is enforced by the local authorities (article 14).

Inspectors are given power to stop a journey, where the animals' welfare requires it (articles 15 and 16). Ministry inspectors may take into account previous conduct of the transporter in exercising these powers (article 15(3)).

Contravention of the provisions of the Order constitutes an offence under the Animal Health Act 1981 and may be punished under section 75 of the Act.