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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 538

ANIMALS

ANIMAL HEALTH

The Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

  Made 21st December 2006 
  Coming into operation 5th January 2007 

The Department of Agriculture and Rural Development[1], being designated for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, makes the following Regulations in exercise of the powers conferred on it by that section.



PART I

INTRODUCTION

Title and commencement
     1. These Regulations may be cited as the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006 and shall come into operation on 5th January 2007.

Interpretation
    
2. —(1) In these Regulations—

    (2) Expressions used in these Regulations that are also used in the Council Regulations have the same meaning as they bear in those Regulations.

    (3) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Assembly.

Extension of the definition of "animals"
     3. For the purposes of the Diseases of Animals (Northern Ireland) Order 1981, in its application to these Regulations, the definitions of animals and poultry in Part I of Schedule 1 to that Order are extended to cover all vertebrates and cold-blooded invertebrate animals.



PART II

TRANSPORT OF ANIMALS

General provision on the protection of animals in 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 regulation applies to the transport of cold-blooded invertebrate animals.

    (4) This regulation applies to the transport of vertebrate animals except those to which Council Regulation 1/2005 applies.

Transport
    
5. —(1) A person who fails to comply with the any of the following provisions of Council Regulation 1/2005 is guilty of an offence—

    (2) A person shall not remove, deface, obliterate or alter a mark made by an inspector under regulation 24(4) (powers of inspectors).

    (3) A copy of the documentation referred to in Article 4 of Council Regulation 1/2005 shall be kept for 6 months from the completion of the journey.

    (4) A person who fails to comply with paragraphs (2) or (3) is guilty of an offence.

Transporters
    
6. A transporter who fails to comply with the following provisions of Council Regulation 1/2005 is guilty of an offence—

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 1/2005 (Chapter II relates to additional provisions for transport on roll-on-roll-off vessels) is guilty of an offence.

    (2) A transporter shall not 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.

    (3) A person who fails to comply with paragraph (2) is guilty of an offence.

Organisers
    
8. An organiser who fails to comply with Article 5(3) and (4) of Council Regulation 1/2005 (Article 5 relates to planning obligations for the transport of animals) is guilty of an offence.

Keepers
    
9. A keeper who fails to comply with Article 8 of Council Regulation 1/2005 (keepers at places of departure, transfer or destination) is guilty of an offence.

Assembly centres
    
10. An operator of an assembly centre who fails to comply with Article 9 of Council Regulation 1/2005 (assembly centres) is guilty of an offence.

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

    (2) It is an offence for a person to operate or use a control post unless it is approved by the Department in accordance with Article 3(1) of Council Regulation 1255/97.

    (3) An operator of a control post who fails to comply with the following provisions of Council Regulation 1255/97 is guilty of an offence—



PART III

DEROGATIONS FOR MEANS OF TRANSPORT BY ROAD ON JOURNEYS UNDER 12 HOURS

Application
    
12. In accordance with Article 18(4) of Council Regulation 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 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 1/2005, during a journey pigs—

Derogation from insulated roof requirements
    
15. For the purposes of point 1.1 of Chapter VI to Annex I of Council Regulation 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 1/2005, the temperature on a means of transport by road may fall below 0ºC during a journey—

    (2) Where the temperature falls below 0°C, pigs weighing less than 30 kgs and unaccompanied on the journey by their mother shall be provided with adequate quantities of a bedding material appropriate to their species to ensure their thermal comfort.

    (3) A person who fails to comply with paragraph (2) shall be guilty of an offence.

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 1/2005 are not required on a means of transport by road.

Derogation from navigation system requirement
    
19. The navigation system referred to in part 4.1 of Chapter VI of Annex I to Council Regulation 1/2005 is not required in a means of transport by road.



PART IV

APPROVALS, AUTHORISATIONS, CERTIFICATES AND NOTICES

The competent authority
    
20. The Department is the competent authority for the purposes of granting or issuing—

    (2) For the purposes of Council Regulation 1/2005 the Department is the competent authority for—

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

    (4) The Department 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 1/2005.

Approvals, authorisations, certificates and notices
    
21. Any approval, authorisation, certificate or notice issued under these Regulations or the Council Regulations as the case may be—

Suspension, amendment or revocation of approvals etc
    
22. —(1) The Department, may, by notice, suspend or amend an approval, authorisation, certificate of approval or certificate of competence if it is satisfied that any of the conditions under which it was granted or of any provision of these Regulations or the Council Regulations have been breached.

    (2) A suspension under paragraph (1) has immediate effect where the Department considers it necessary to protect the welfare of animals, otherwise it shall not have effect for at least 21 days following service of the notice.

    (3) The notice shall—

    (4) Where the notice does not have immediate effect, and representations are made under regulation 23, an amendment or suspension will not have effect until the final determination by the Department in accordance with regulation 23 unless the Department decides that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and serves a notice on the holder of the approval, authorisation or certificate to that effect.

    (5) Where a suspension is upheld the Department may, by notice, revoke an approval, authorisation, certificate of approval or a certificate of competence if it is satisfied that these Regulations or the Council Regulations will not be complied with.

    (6) A notice shall not be issued under paragraph (5) until the process in regulation 23 (if any) has been completed.

    (7) A person who fails to comply with the conditions of an approval, authorisation, certificate of approval, certificate of competence or notice is guilty of an offence.

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

    (2) Any representations shall be made within 21 days of receiving notification of the Department's decision.

    (3) The appointed person shall consider the representations and report in writing to the Department.

    (4) The Department shall give the person who made the representations written notification of its final determination and the reasons for it.

    (5) For the purposes of this regulation an appointed person means a person appointed by the Department to consider representations under these regulations.



PART V

MISCELLANEOUS

Powers of inspectors
    
24. —(1) The following provisions of the 1981 Order shall apply as if these Regulations were an order made under the 1981 Order—

    (2) An inspector may, if he considers animals are being transported, or are about to be transported, in a way which contravenes any provision of these Regulations or the Council Regulations, 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 these Regulations or the Council Regulations, giving reasons for the requirements.

    (3) An inspector may in particular—

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

    (5) An inspector may take copies of any document inspected for the purpose of ascertaining whether the provisions of these Regulations or the Council Regulations have been complied with.

    (6) 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 1255/97.

    (7) In particular, an inspector may—

    (8) In deciding whether to serve a notice under this regulation, an inspector may take into account any previous failure to comply with any provision of these Regulations or of any other order made under Articles 21, 22, 23 or 23A of the 1981 Order or point 8 of Annex II to Council Regulation 1/2005 (return of documents after completion of journey).

Powers of inspectors in case of default
    
25. —(1) Where a person fails to comply with a requirement of these Regulations, the Council Regulations or an approval, authorisation certificate or notice, an inspector may take any steps he considers necessary to ensure the requirement is met.

    (2) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such debt is recoverable summarily.

Compliance with notices
    
26. A notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

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

    (2) A person is not obliged by virtue of paragraph (1) to provide any information which he cannot, with the exercise of reasonable diligence, obtain.

Obstruction
    
28. —(1) Any person who—

shall be guilty of an offence.

    (2) Nothing in paragraph (1) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Offences
    
29. Except where expressly provided in these Regulations, any person who fails to comply with any of the provisions of these Regulations or the Council Regulations is guilty of an offence.

Penalties
    
30. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding 3 months or to both.

Revocations
    
31. The following Orders are hereby revoked—



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


21st December 2006

L.S.


E. Redmond
A senior officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, revoke the Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (O.J. No L340, 11.12.91, p 17).

These Regulations makes for the administration and enforcement of Council Regulation (EC) No. 1/2005 (on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97) ("Council Regulation (EC) No. 1/2005").

It also makes provision for the administration and enforcement of Council Regulation 1255/97 (concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC) (O.J. L 174, 2.7.97 p.1).

Part 2 of the Regulations enforces the requirements of Council Regulation (EC) No. 1/2005 in relation to transport (regulation 5), transporters (regulation 6), roll-on-roll-off vessels (regulation 7) organisers (regulation 8), keepers (regulation 9) and assembly centres (regulation 10). It also enforces the requirements of Council Regulation (EC) No. 1255/97 in relation to control posts (regulation 11). Regulation 11(1) makes it an offence 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 (regulations 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 (regulations 20 to 23).

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

Owners or charterers of vessels used to transport animals are required to produce information on demand to an inspector, which may include a plan of the vessel (regulation 27).


Notes:

[1] S.I. 2000/2812back

[2] 1972 c. 68back

[3] O.J. No. L 3, 5.1.2005, p.1back

[4] O.J. No. L 174, 2.7.97, p.1back

[5] 1954 c. 33 (N.I.)back

[6] S.R. 1997No. 346back

[7] S.R. 1999 No.326back

[8] S.R. 1999 No.380back



ISBN 0 337 96787 3


 © Crown copyright 2006

Prepared 5 January 2007


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