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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Welfare of Animals (Transport) Regulations (Northern Ireland) 2006 No. 538 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060538.html |
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Made | 21st December 2006 | ||
Coming into operation | 5th January 2007 |
(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.
(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—
(e) Article 12 (limitation on applications for authorisation).
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—
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.
(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.
(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
[3] O.J. No. L 3, 5.1.2005, p.1back
[4] O.J. No. L 174, 2.7.97, p.1back