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The National Assembly for Wales and the Minister of Agriculture, Fisheries and Food, acting jointly in exercise of the powers conferred on them by sections 1, 7, 37, 87(2) and (5) and 88(2) and (4) of the Animal Health Act 1981[1] make the following Order: Title, commencement, application and extension of definitions 1. - (1) This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (Wales) Order 2001 and shall come into force on 21st July 2001. (2) This Order shall apply to Wales only. (3) For the purposes of the Animal Health Act 1981 in its application to this Order -
(b) the definition of "poultry" ("dofednod") in subsection (4) of section 87 of that Act is extended so as to comprise all birds; (c) the definition of "disease" ("clefyd") in subsection (1) of section 88 of that Act is extended so as to comprise all diseases of animals; and (d) the definition of "disease" ("clefyd") in subsection (3) of section 88 of that Act is extended so as to comprise all diseases of poultry.
Interpretation
(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.
(b) racing pigeons; and (c) the following if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game: domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites.
(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.
(b) all birds not included in article 3; and (c) animals specified in article 3 in the circumstances specified in Schedule 2;
but shall not apply in the case of -
(ii) an individual animal accompanied by a person having responsibility for the animal during transport; (iii) the transport of pet animals accompanying their owner on a private journey.
(2) Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that -
(b) dead animals, soiled litter and excreta are removed as soon as possible.
Disposal of material after cleansing
(b) treated so as to remove the risk of transmission of disease; or (c) disposed of so that animals have no access to it.
Powers of inspectors, etc.
(b) needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,
the inspector may serve a notice on any person appearing to the inspector to be in charge of that means of transport or equipment.
(b) prohibit the keeping of animals on the means of transport until it has been cleaned and disinfected; (c) require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or (d) require the person on whom the notice is served to dispose of all feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin in the way set out in the notice.
(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. 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 -
(b) the following shall be cleansed if they are soiled -
(ii) any other part of the means of transport, (iii) any equipment carried during the journey for use with the animal.
(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. 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 -
(b) horses kept at stables licensed by the Jockey Club to or from race meetings, or to or from a place at which horses kept at those stables undergo training for racing.
Journeys between the same two points
(b) in the case of a hoofed animal carried which has been participating in an event taking place during, or continuing into, the evening of the day in question, a journey commenced as soon as practicable after the end of that event, whether or not it begins before midnight.
Temporary unloading
In the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11), for
(b) conditions 3 and 4 of Schedule 3, (c) conditions 3 and 4 of Schedule 4, (d) conditions 5 and 6 of Schedule 5, (e) conditions 4 and 5 of Schedule 6, (f) conditions 5 and 6 of Schedule 7,
there shall in each case be substituted the following -
(This note does not form part of the Order) This Order, which applies to Wales only, revokes and replaces, with changes, the instruments dealing with the cleansing and disinfection of means of transport relating to animals set out in Schedule 3 to the Order. It implements paragraph 8 of Chapter 1 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). This Order sets out the following requirements: -
(b) even if the requirement specified in paragraph (a) above has been met,the means of transport must be cleansed and disinfected again before those animals are transported if the means of transport has become soiled so as to cause a risk of transmission of disease (article 3(4)); (c) following a journey, the means of transport must be cleansed and disinfected as soon as reasonably practicable, but in any event within not more than 24 hours (article 3(3)); and (d) any person transporting animals must remove dead animals, litter and excreta from the means of transport as soon as possible (article 3(5)).
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). Notes: [1] 1981 c.22. See section 86(1)(c) for a definition of "Ministers". In relation to Wales, the powers of the Secretary of State for Wales were transferred to the National Assembly for Wales by for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The function of the Secretary of State for Scotland was transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141).back [4] S.I. 1978/32 as amended by S.I. 1978/934, S.I 1997/2347 and S.I. 2001/641 (W.31).back
ISBN 0 11090294 7
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