The Welfare of Animals (Transport) Order 1997

UK Statutory Instrument 1997 No. 1480 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 10 June 1997
In force from: 1 July 1997
Extent: Not stated
Subject: TV licensing, fare evasion and school attendance
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 revokes and re-enacts with modifications the Welfare of Animals during Transport Order, 1994, as amended, and other animal welfare legislation, which together with that Order implemented Council Directive 91/628/EEC on the protection of animals during transport (OJ No. L340, 11.12.91, p.17). This Order implements that Directive as amended by Council Directive 95/29/EEC (OJ No. L18, 30.6.95, p.52). The extent of its application is set out (article 2). The Order makes general provision for the welfare of animals in transport. It includes provisions as to the means of transport or receptacles used (article 4), the amount of space available to each animal (article 5) and the fitness of animals to travel (article 6). It requires animals that fall ill or are injured in the course of transport to be treated (article 7). The Order contains requirements on the feeding and watering of animals before and during a journey and on journey times and rest periods (article 8). It requires persons who transport animals in the course of business to ensure that animals are accompanied by a person possessing appropriate knowledge and the ability to safeguard their welfare (article 9). Further duties on transporters are set out (article 10). The Order requires compliance with the guidelines issued under the Convention on International Trade in Endangered Species (“CITES”) and the standards set by the International Air Transport Association (“IATA”) (article 11). The Order makes provision for the authorisation of transporters to transport vertebrate animals on journeys over 50 kilometres (article 12). It requires route plans for certain journeys and other documentation where no route plan is required (articles 13 and 14). The Order excepts certain journeys from certain of its provisions (article 15). It contains requirements relating to the transport of animals to and from third countries (article 16). The Order is enforced by local authorities (article 17). Inspectors are given powers to require compliance with the Order, including the power to stop a journey. Ministry inspectors may take into account a previous failure to comply with the Order, including a failure to submit a route plan, in exercising these powers (article 18). Owners or charterers of vessels used to transport animals are required to produce information on demand to an officer of the Minister of Agriculture, Fisheries and Food, which may include a plan of the vessel (article 19). A contravention of any provision of the Order constitutes an offence against the Animal Health Act 1981 punishable in accordance with section 75 of the Act (article 21). A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Welfare Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

Offences created by this instrument

Powers of an inspector article 18(3) · Status not determined · Strict liability
Any person who without lawful authority or excuse, proof of which shall lie on him— a contravenes or fails to comply… article 21 · Status not determined · Requires proof of a state of mind
Authorisation holder to be a fit person paragraph 2(3) of SCHEDULE 9 · Status not determined · Strict liability

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.

Animals (Government Policy Co-Ordination) Commons · Commons Chamber · 14 December 1999 · The Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food (Mr. Elliot Morley)
I am grateful for the opportunity to debate this issue and glad that the hon. Member for Lewes (Mr. Baker) applied for his Adjournment debate. We need to set straight some issues, particularly concerning the hon. Gentleman's article in the Daily Express. His article was kind to me, and I appreciate that; however, it was the only thing that I appreciated in the article. I was appalled by the hon. Gentleman's tone as he accused the Government of a string of broken promises. No Government have done more for animal welfare in such a short time. That is not only my opinion—the all-party associate…
Live Animal Exports Commons · Commons Chamber · 7 April 2000 · Mr. Morley
I was coming to that. The hon. Gentleman has a good record on animal welfare issues. Article 36 is now article 30, and has been changed slightly. We have considered using article 36, but our legal advice is that we cannot do so on live exports. One of the cases taken to the European Court by Compassion in World Farming was based on article 36. It argued that we could stop the export of calves, which were going into systems that were illegal in this country. The European Court ruled that we could not, so we have a clear court ruling on that. It is interesting that some Conservative Members…
Transport Of Animals Commons · Westminster Hall · 15 October 2002 · Mr. Gray
I am sorry, but 1 do not have time. The first is that the law is clear. The European Union would not allow the abolition of the export of live animals even if we wished it. Secondly, as I said earlier, we export 1 million sheep as well as many other animals, and were that to be outlawed, there would be severe consequences for our farmers. While that might seem like a good idea to the hon. Gentleman's more anthropomorphist constituents, it is not possible. In fact, we should avoid anthropomorphism in the debate. Animals are not like human beings. Of course, we would not want to be herded…
Public Transport (Overcrowding) Commons · Westminster Hall · 4 March 2004 · Mr.Marsden
Perhaps I shall take up my Chairman's suggestion. There is no official monitoring of overcrowding across the rail network, and that must be addressed. As I mentioned earlier, chickens receive more protection than people. That is because, under the Welfare of Animals (Transport) Order 1997, animals, including cattle, pigs, sheep and chickens, cannot exceed a maximum stocking density, but there are no meaningful regulations for people. As the hon. Member for Cunninghame, South (Mr.Donohoe) said, people can be packed on to a train and there is virtually no protection or comeback for those…

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 1997