The Welfare of Poultry (Transport) Order 1988

UK Statutory Instrument 1988 No. 851 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 6 May 1988
In force from: 30 May 1988
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: Animal Health Act 1981

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, which applies throughout Great Britain, contains provisions relating to the welfare of poultry during their transport by road, rail, air and water which replace (1) provisions contained in the Conveyance of Live Poultry Order of 1919 which are revoked and (2) provisions contained in the Transit of Animals Order 1973, as amended, which are disapplied by this Order. The Order also implements the provisions of Council Directive 77/489/EEC (OJ No. L200, 8.8.77, p.10) on the protection of animals during international transport which relate to the transport of poultry in respect of which those Orders do not at present make specific provision. The main provisions of the Order are as follows:— a the transport of poultry on a vessel or aircraft is prohibited unless the poultry are contained in a receptacle (except where poultry are transported on a vehicle which is itself transported on a vessel) (article 4); b requirements are contained in the Order relating to the construction and maintenance of vessels, aircraft and vehicles on which poultry are transported and of receptacles used for the transport of poultry on vessels (article 5); c the loading of poultry into, and the unloading of poultry from, a vessel, aircraft or vehicle and the transport of poultry on a vessel, aircraft or vehicle in a way which causes, or is likely to cause, the poultry injury or unnecessary suffering is prohibited and a duty is imposed on a person in charge of poultry to ensure that, during their journey, certain requirements are complied with, for example that the poultry are sheltered from the weather, have an adequate supply of fresh air and are not overcrowded (article 6); d a duty is imposed on any person in charge of any poultry which are being transported on a vessel, aircraft or vehicle in the course of international transport (being any movement which involves or is intended to involve the crossing of a frontier) to ensure that certain requirements are complied with, for example that suitable food and, if necessary, water is available in adequate quantities and that where a vehicle is used for transporting the poultry it is equipped with a roof which will ensure that the poultry are effectively protected against the weather (article 7); e poultry are required to be separated during transport according to species and sex (subject to certain exceptions) (article 9); f a person who is for the time being in charge of a vehicle used for the transport of poultry by road is required to make a record of such transport and to ensure that, while the vehicle is being used for the transport of poultry, the record is kept in the vehicle (article 13); and the owner or other person in charge of any poultry transported by rail is required to ensure that the receptacle containing the poultry bears a label containing specified information (article 14); g an inspector of the Minister of Agriculture, Fisheries and Food or of the local authority is empowered to require (by notice) any poultry to be unloaded from a vessel, aircraft, vehicle or receptacle or, in the case of poultry waiting to be loaded into a vessel, aircraft, vehicle or receptacle, to prohibit them from being so loaded and an inspector is also empowered, to require (by notice) any poultry to be unloaded from a vessel, aircraft or vehicle and removed to a specified place and detained there pending examination by a veterinary inspector (article 15); h an exemption from the provisions of article 5(2)(e) (labelling of receptacles) and of articles 13 and 14 (records in respect of poultry carried by road and rail) is provided in the case of the transport of any consignment of less than 50 birds and the transport of poultry within the boundaries of a farm (article 16(1)); i the provisions of the Transit of Animals (General) Order 1973, as amended, are disapplied in relation to poultry, that is to say domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails (article 21(2)); and j as a consequence of the revocation of the Conveyance of Live Poultry Order of 1919 (article 22) the Poultry (Exposure for Sale) Order of 1937 is amended so as to protect poultry during their exposure for sale (article 21(1)).

Offences created by this instrument

Any person who, without lawful authority or excuse, proof of which shall lie on him— a contravenes any provision of… article 20 · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Animal Welfare Commons · Commons Chamber · 16 April 1991
That this House takes note of European Community Document No. 7214/90, relating to protection of animals during transport; and supports the Government's intention to negotiate satisfactory welfare safeguards consistent with maintaining conditions given effect by the Transit of Animals (Road and Rail) Order 1975, the Welfare of Poultry (Transport) Order 1988, section 40 of the Animal Health Act 1981 (c.22) and other related measures.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1988