United Kingdom Statutory Instruments

(a) may be cited as the Welfare of Animals (Transport) (England) Order 2006;

(b) comes into force on 5 January 2007; and

(c) applies in relation to England only.

(a) Article 3 (general conditions for the transport of animals);

(b) Article 4(1) (Article 4 relates to transport documentation);

(c) Article 5(1) (Article 5 relates to planning obligations for the transport of animals);

(d) Article 6(1) (Article 6 relates to transporters);

(e) from 5 January 2008, Article 6(5);

(f) Article 7 (prior inspection and approval of means of transport);

(g) points 1.8, 1.9 or 1.11 of Chapter III of Annex I (Chapter III relates to transport practices).

(a) do not require continuous access to water on a means of transport by road;

(b) must be offered water at appropriate intervals and afforded an adequate opportunity to drink.

(a) authorisations to transporters in accordance with Articles 10, 11 and 13 of Council Regulation (EC) No 1/2005;

(b) certificates of competence in accordance with Article 17(2) of that Regulation;

(c) certificates of approval of means of transport by road in accordance with Article 18(1) of that Regulation;

(d) certificates of approval of livestock vessels in accordance with Article 19(1) of that Regulation.

    (2) For the purposes of that Regulation, the Secretary of State is the competent authority for—

(a) receiving notification of changes relating to authorisations in accordance with Article 6(2);

(b) receiving documents in accordance with Article 6(5), (8) and (9) and point 3(b) of Annex II;

(c) checking and inspecting journey logs in accordance with Article 14(1) and the second paragraph of point 5 of Annex II;

(d) carrying out checks relating to long journeys in accordance with Article 15;

(e) recording information relating to livestock vessels in accordance with Article 19(3) and (4);

(f) inspecting livestock vessels in accordance with Article 20;

(g) requiring action in the event of non-compliance by transporters in accordance with Article 23;

(h) receiving notification from other competent authorities of non-compliance in accordance with Article 26(2) and (3);

(i) taking action in the event of infringements in accordance with Article 26;

(j) inspecting animals, means of transport and accompanying documentation in accordance with Article 27(1);

(k) approving classification societies in accordance with point 1 of Chapter IV of Annex I.

    (3) The Secretary of State is the competent authority for the purposes of—

(a) granting or issuing approvals in accordance with Articles 3 and 4(2) of Council Regulation (EC) No 1255/97;

(b) receiving information on animals passing through a control post in accordance with Article 5(h) and (i) of that Regulation.

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

(a) Council Regulation (EC) No 1/2005;

(b) Council Regulation (EC) No 1255/97,

(a) contravenes any provision of this Order; or

(b) constitutes an offence against the Act by virtue of this Order,

he may serve a notice on the person appearing to him 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—

(a) prohibit the transport of the animals, either indefinitely or for a period specified in the notice;

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

(c) 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;

(d) require animals not fit to complete their journey to be unloaded, watered, fed or rested;

(e) require the animals to be held in suitable accommodation with appropriate care until the problem identified in the notice is solved;

(f) require the humane slaughter or killing of the animals; or

(g) require a means of transport or container to be repaired or replaced before it is used to transport animals.

    (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 to be in charge of a control post, a notice requiring him 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—

(a) require one or more animals at a control post to be removed from the control post;

(b) specify conditions under which animals may remain there.