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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Transport of Animals (Cleansing and Disinfection) (Wales) Order 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20012662e.html |
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Made | 20th July 2001 | ||
Coming into force | 21st July 2001 |
Interpretation
2.
- (1) In this Order, unless the context otherwise requires -
(2) In this Order, any reference to a numbered article or Schedule is a reference to the article or Schedule so numbered in this Order.
(3) 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 cleansing and disinfection of means of transport used for the following animals (other than in the circumstances specified in Schedule 2) -
(2) Where a means of transport has been used to transport any animal or anything which may give rise to the transmission of a disease affecting animals, the user of the means of transport shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and its equipment are cleansed and disinfected in accordance with Schedule 1, or, where appropriate, destroyed.
(3) 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 its equipment have been cleansed and disinfected in accordance with Schedule 1 since it was last used to transport any animal or anything which may give rise to the transmission of a disease affecting animals.
(4) If a means of transport 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 it has been again cleansed and disinfected in accordance with paragraphs 3 and 4 of Schedule 1.
(5) Any person transporting any animal shall remove any dead animals, soiled bedding and excreta from the means of transport as soon as possible.
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 -
but shall not apply in the case of -
(2) Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that -
Disposal of material after cleansing
5.
Everything removed from the means of transport in accordance with Schedule 1 shall be -
Powers of inspectors, etc.
6.
- (1) Where an inspector is satisfied that a means of transport, or any equipment carried with the means of transport, either -
the inspector may serve a notice on any person appearing to the inspector 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 1 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 that person to cleanse and disinfect it as specified in the notice instead of in accordance with Schedule 1 if the inspector 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
7.
This Order shall be enforced by the local authority.
Revocations and amendments
8.
- (1) The Orders set out in the first column of the table in Part I of Schedule 3 are revoked in so far as they apply in Wales to the extent set out in the third column of that table.
(2) The Order in Part II of Schedule 3 is amended in accordance with that Part in so far as it applies in Wales.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].
J. E. Randerson
Assembly Secretary
20th July 2001
Alun Michael
Minister of State
20th July 2001
(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.
Method of cleansing
3.
Cleansing shall be by removing any feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleaning with water, steam or where appropriate chemicals compounds (or, if necessary, any combination of these) until free of dirt.
Disinfection after cleansing
4.
Everything required to be cleansed 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".
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, other than between markets, provided that the means of transport is cleansed and disinfected in accordance with Schedule 1 within 24 hours of the last journey during which an animal is transported during that day, and in any event before the means of transport is used again in connection with the transport of any animal or thing.
(2) In this paragraph "last journey" includes -
Temporary unloading
4.
Article 4, rather than article 3, shall apply in the case of 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.
Instrument revoked | Reference | Extent of revocation |
The Transit of Animals Order 1927 | SR&O 1927/289 | The whole Order |
Order of the Minister dated May 9, 1927 amending The Transit of Animals Order 1927 | SR&O 1927/399 | The whole Order |
The Horses (Sea Transport) Order 1952 | S.I. 1952/1291 | The whole Order |
The Transit of Animals (Road and Rail) Order 1975 | S.I. 1975/1024 | Articles 15 and 16 and Schedule 3 |
The Importation of Animals Order 1977 | S.I. 1977/944 | Articles 4(1), 5(6), 5(7), 6 and 15 |
The Diseases of Poultry Order 1994 | S.I. 1994/3141 | Article 10(2) |
The Welfare of Animals (Transport) Order 1997 | S.I. 1997/1480 | Article 15(2) and Paragraph 26 of Schedule 1 |
there shall in each case be substituted the following -
There are exceptions set out in Schedule 2 relating to journeys on a single farming enterprise, transport of certain horses and journeys between the same two points. In these cases, and for all other animals and birds, there is a requirement to ensure that they 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 possible. This does not apply to non-commercial journeys or to the transport of pets or single animals (article 4).
Article 5 specifies how the material from the means of transport must be disposed of.
Under article 6, 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 (article 7).
It revokes the provisions set out in Schedule 3.
Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable on conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).
A regulatory appraisal has been prepared in accordance with section 65 of the Government of Wales Act 1998 and the Standing Orders of the National Assembly for Wales. Copies can be obtained from the Agriculture Policy Division, National Assembly for Wales Agriculture Department, Cathays Park, Cardiff, CF10 3NQ.
[4] S.I. 1978/32 as amended by S.I. 1978/934, S.I 1997/2347 and S.I. 2001/641 (W.31).back