The Welfare of Animals (Transport) (England) Order 2006

UK Statutory Instrument 2006 No. 3260 — creates 13 criminal offences.

13offences created

0recorded in force

0revoked

Made: 5 December 2006
In force from: 5 January 2007
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 makes provision in England for the administration and enforcement of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations (OJ L 3, 5.1.2005. p.1.). It also provides for the administration and enforcement of Council Regulation 1255/97 concerning Community criteria for staging points (OJ L 174, 2.7.97 p.1.). It revokes the Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (OJ No L340, 11.12.91, p 17). Part 2 of the Order enforces the requirements of Council Regulation (EC) No 1/2005 in relation to transport (article 5), transporters (article 6), roll-on-roll-off vessels (article 7) organisers (article 8), keepers (article 9) and assembly centres (article 10). It also enforces the requirements of Council Regulation (EC) No 1255/97 in relation to control posts (article 11). Article 11 makes it an offence to use an unapproved control post and to operate a control post without prior approval. Part 3 provides derogations relating to means of transport by road used in respect of journeys not exceeding 12 hours in order to reach the final destination (articles 12 to 19). Part 4 provides for the amendment, suspension or revocation of approvals, authorisations or certificates and for representations against a notice to amend, suspend or revoke them (articles 20 to 23). Inspectors are given powers to require compliance with the Order, including the power to stop a journey (article 24). Owners and charterers of vessels used to transport animals are required to produce information on demand to an officer of the Secretary of State, which may include a plan of the vessel (article 26). The Order is enforceable by local authorities (article 29). 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 been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Welfare Division of the Department for Environment, Food and Rural Affairs, Area 507, 1A Page Street, London, SW1P 4PQ or by email from aw-transport@defra.gsi.gov.uk.

Offences created by this instrument

Assembly centres article 10 · Status not determined · Strict liability
Control posts article 11(1) · Status not determined · Strict liability
Control posts article 11(2) · Status not determined · Strict liability
Control posts article 11(3) · Status not determined · Strict liability
Powers of inspectors article 24(1) · Status not determined · Strict liability
Powers of inspectors article 24(1)(b) · Status not determined · Strict liability
General provision on the protection of animals during transport article 4(1) · Status not determined · Strict liability
General provision on the protection of animals during transport article 4(2) · Status not determined · Strict liability
Transport article 5(1) · Status not determined · Strict liability
Transporters article 6 · Status not determined · Strict liability
Roll-on-roll-off vessels article 7(1) · Status not determined · Strict liability
Organisers article 8 · Status not determined · Strict liability
Keepers article 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.

Live Animal Exports (Clarification of Minister's Comments) Commons · Written Statements · 1 December 2011 · The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)
During a debate on 24 October 2011, Official Report, column 146, I made reference to a Mr Onderwater being prosecuted for cruelty following the earlier reference by the hon. Member for South Thanet (Laura Sandys) to business men who were involved with the operation of a livestock ferry at Ramsgate who had been convicted of animal cruelty. I regret the information I gave was not accurate and I wish to apologise to the House. Mr Onderwater runs a Dutch registered company called Onderwater Agneaux BV. He pleaded guilty on behalf of his company at Folkestone magistrates’ court on 5 July 2010 to…
Retained EU Law (Revocation and Reform) Bill (Fourth sitting) Commons · Public Bill Committees · 22 November 2022 · Alex Sobel (Leeds North West) (Lab/Co-op)
I beg to move amendment 74, in clause 1, page 1, line 9, at end insert— “(2A) Subsection (1) does not apply to the following instruments— (a) The REACH Regulation and the REACH Enforcement Regulations 2008, (b) The Conservation of Habitats and Species Regulations 2017, (c) The Conservation of Offshore Marine Habitats and Species Regulations 2017, (d) The Urban Waste Water Treatment (England and Wales) Regulations 1994, (e) The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010, (f) The Bathing Waters Regulations 2013, (g) Water…
Retained EU Law (Revocation and Reform) Bill (Fourth sitting) Commons · Public Bill Committees · 22 November 2022 · Alex Sobel
You will have to intervene if you want me to say it again. Those chemicals are linked to an increased cancer risk, putting our children’s health at risk. The protective gap between the UK and the EU could become a chasm over the years ahead as the EU takes forward its chemicals strategy for sustainability. That is likely to result in the dumping of harmful chemical products on the UK market, with the divergence harming UK businesses. There is a severe lack of chemical safety data. This is the central challenge of a separate, stand-alone system and it still has not been resolved. Deadlines…
Retained EU Law (Revocation and Reform) Bill Commons · Commons Chamber · 18 January 2023 · Stella Creasy
I rise to raise amendment 36, tabled in my name and in the name of the right hon. Member for Haltemprice and Howden (Mr Davis) and many other Members across the House. As far as I can see, there have been three responses to the Bill in Parliament. First, there are those who have not paid attention because—let’s face it—many years on from the Brexit referendum still anything that involves Europe is cold cup of sick territory. That is understandable but not excusable because it means that those people have not woken up to the fact that this is nothing to do with Brexit and everything to do…
Retained EU Law (Revocation and Reform) Bill Commons · Commons Chamber · 18 January 2023 · Mr Speaker
With this it will be convenient to discuss the following: New clause 2— Conditions for bringing sections 3, 4 and 5 into force — “(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied. (2) The first condition is that a Minister of the Crown has, after consulting organisations and persons representative of interests substantially affected by, or with expertise in the likely legal effect of, that section on a draft of that report, laid a report before each House of Parliament setting out, with reasons, the Minister’s view as to the…

How Parliament handled it

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