BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Transport of Animals (Cleansing and Disinfection) (England) Order 2003 No. 255
URL: http://www.bailii.org/uk/legis/num_reg/2003/20030255.html

[New search] [Help]



STATUTORY INSTRUMENTS


2003 No. 255

ANIMALS, ENGLAND

ANIMAL HEALTH

The Transport of Animals (Cleansing and Disinfection) (England) Order 2003

  Made 10th February 2003 
  Coming into force 4th March 2003 

The Secretary of State, in exercise of the powers conferred on her by sections 1, 7, 37, 87(2) and (5) and 88(2) and (4) of the Animal Health Act 1981[1], makes the following Order:

Title, commencement, extent and extension of definitions
     1.  - (1) This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) Order 2003 and shall come into force on 4th March 2003.

    (2) This Order shall extend to England only.

    (3) For the purposes of the Animal Health Act 1981 in its application to this Order - 

Interpretation
    
2.  - (1) In this Order - 

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

Cleansing and disinfection in relation to the transport of hoofed animals and poultry
    
3.  - (1) This article shall apply in relation to the transport of - 

and references in this article to "animal" shall be construed accordingly.

    (2) In the circumstances set out in Schedule 1, the requirements of article 4 shall apply instead of the requirements of this article.

    (3) The user of any means of transport which has been used to transport any animal, or anything which may give rise to a risk of transmission of disease, shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and any equipment are cleansed and disinfected in accordance with Schedule 2 or (in the case of a container) destroyed.

    (4) No person shall use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 2 since they were last used to transport any animal, or anything which may give rise to a risk of transmission of disease.

    (5) If a means of transport or any equipment has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person shall load, or cause or permit to be loaded, any animal into the means of transport unless the soiled parts of the means of transport or the equipment have been again cleansed and disinfected in accordance with paragraphs 1, 3 and 4 of Schedule 2.

    (6) Any person transporting animals shall remove any dead animals, soiled bedding and excreta from the means of transport as soon as practicable.

Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances
    
4.  - (1) This article shall apply in relation to the transport of - 

and references to "animal" in this article shall be construed accordingly.

    (2) This article shall not apply in the case of - 

    (3) Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that - 

    (4) Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.

Drivers' cabs
    
5. Nothing in this Order shall require the use of disinfectant inside the driver's cab of any means of transport.

Disposal of material after cleansing
    
6.  - (1) The person responsible for cleansing the means of transport and any equipment under this Order shall ensure that all feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin, and other contaminants removed from the means of transport are - 

    (2) This article shall not apply to any material required to be disposed of under the Animal By-Products Order 1999[2].

Powers of inspectors, etc.
     7.  - (1) Where an inspector is satisfied that a means of transport or any equipment either - 

he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.

    (2) A notice served under the preceding paragraph may - 

    (3) If a notice is served under the preceding paragraph, the cleansing and disinfection shall be carried out in accordance with Schedule 2 unless the notice specifies a different method of cleansing and disinfection.

    (4) An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3 or 4 requiring him to carry out the cleansing and disinfection as specified in the notice instead of in accordance with Schedule 2 if he is satisfied that this is necessary for animal health purposes.

    (5) Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.

Enforcement
    
8. This Order shall be enforced by the local authority or the Secretary of State.

Revocations and amendments
    
9. The Transport of Animals (Cleansing and Disinfection) (England) (No. 2) Order 2000 is revoked[3].


Whitty
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

10th February 2003



SCHEDULE 1
Articles 3(2) and 4(1)


CIRCUMSTANCES IN WHICH ARTICLE 4 APPLIES TO ANIMALS SPECIFIED IN ARTICLE 3


Journey made within a single farming enterprise
     1. Article 4, rather than article 3, shall apply if the journey is made within a single farming enterprise in one ownership.

Transport of certain horses
     2. Article 4, rather than article 3, shall apply in relation to the transport of - 

Journeys between the same two points
     3.  - (1) Article 4, rather than article 3, shall apply in relation to a means of transport which is used exclusively, in the course of a single day, for the transport of animals between the same two points, provided that the means of transport and any equipment - 

    (2) In this paragraph "last journey" includes - 

    (3) This paragraph shall not apply to journeys between two markets or journeys from a premises of origin to a livestock show and back.

Livestock shows
     4. Article 4, rather than article 3, shall apply in relation to a means of transport and any equipment at a livestock show provided that - 

Temporary unloading
     5. Article 4, rather than article 3, shall apply in relation to a means of transport from which animals have been unloaded solely to be fed or watered, or for some other temporary purpose, and then reloaded.



SCHEDULE 2
Articles 3(3), (4) and (5), 4(4), (3) and (4)


CLEANSING AND DISINFECTION OF MEANS OF TRANSPORT


Level of cleansing and disinfection
     1. All cleansing and disinfection shall be carried out so as to reduce so far as reasonably practicable the risk of transmission of disease.

Parts of the means of transport required to be cleansed
     2.  - (1) In the case of animals not transported in a container - 

    (2) In the case of animals transported in a container, the interior of the container shall be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container shall be cleansed if they are soiled.

    (3) For the purposes of article 3, every part of a means of transport required to be cleansed shall also be disinfected.

Method of cleansing
     3. Cleansing shall be by removing any feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleansing with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.

Method of disinfection
     4. Anything to be disinfected under this Order shall be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978[
4] at the concentration required under that Order for "General Orders".



EXPLANATORY NOTE

(This note is not part of the Order)


This Order revokes and replaces the Transport of Animals (Cleansing and Disinfection) (England) (No. 2) Order 2000 ("the 2000 Order") (S.I. 2000/1618). This Order, which extends to England only, implements paragraph 8 of Chapter I of the Annex to Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p. 17) which was previously implemented by paragraph 26 of Schedule 1 to the Welfare of Animals (Transport) Order 1997 (S.I. 1997/1480). It also implements Article 12.1(a), second indent of Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (this Directive was consolidated in the Annex to Council Directive 97/12/EC, OJ No. L109, 25.4.97, p. 1).

The principal amendments to the 2000 Order contained in this Order are - 

This Order specifies that, after the transport of any hoofed animals, and domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites, the means of transport and equipment carried with it must be cleansed and disinfected in accordance with Schedule 2 before it is used again to transport those animals (article 3 (4)). It also specifies that, even if this has been done, if the means of transport becomes soiled so as to cause a risk of transmission of disease, the soiled parts must be cleansed and disinfected again before those animals are transported (article 3(5)). Following a journey, it requires a means of transport to be cleansed and disinfected as soon as practicable, but in any event within not more than 24 hours (article 3(3)). It requires any person transporting such animals to remove dead animals, litter and excreta from the means of transport as soon as practicable (article 3(6)).

Article 4 applies to all other animals and birds (but not to non-commercial journeys or to the transport of single animals or pets) and to the circumstances set out in Schedule 1 (where article 3 would otherwise apply). These circumstances relate to journeys on a single enterprise, transport of certain horses, journeys between the same two points and means of transport at a livestock show. Article 4 requires that the animals to which it applies are loaded on to a means of transport which has been cleansed and, if necessary, disinfected, and that dead animals, litter and excreta are removed from the means of transport as soon as practicable.

Article 6 specifies how the material removed from the means of transport must be disposed of.

Under article 7, an inspector is empowered, in the circumstances set out in that article, to serve a notice requiring a means of transport to be cleansed and disinfected.

The Order is enforced by the local authority or the Secretary of State (article 8).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act.

A regulatory impact assessment has not been prepared for this Order.


Notes:

[1] 1981 c. 22. Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 1999/646, as amended by S.I. 2001/1704.back

[3] S.I. 2000/1618.back

[4] S.I. 1978/32, as amended by S.I. 1994/3141, S.I. 1999/919, S.I. 2000/3195 and, as regards England, S.I. 2001/608.back



ISBN 0 11 044991 6


 
© Crown copyright 2003
Prepared 4 March 2003


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2003/20030255.html