Welfare of Animals (Transport) Order (Northern Ireland) 1997

Written representations to the Department

4

• (1) If, within 28 days of the issue of a specific licence, the person to whom it is issued requests the Department to give him notice of the reasons for the inclusion of any provision in it, the Department shall comply with his request within 28 days of receiving it.

• (2) On issuing a specific licence to a person the Department shall notify him of the effect of sub-paragraph (1).

• (3) If the Department refuses an application for a specific licence, it shall give the applicant notice in writing of the reasons for the refusal.

• (4) If the Department, by notice in writing served on a transporter, amends, suspends or revokes a specific licence, the notice shall give the transporter reasons for the amendment, suspension or revocation.

• (5) If the Department, by notice in writing served on a transporter, either excludes that transporter from the operation of a general licence or imposes additional conditions on that transporter, the notice shall give the transporter reasons for the exclusion or the imposition of additional conditions.

• (6) If, within 28 days of receipt of a notice under this paragraph giving the Department’s reasons, the transporter makes written representations to the Department concerning the matter to which the notice is related, the Department shall refer the transporter’s representations to an appointed person.

• (7) A notice under this paragraph giving the Department’s reasons shall notify the transporter of the effect of sub-paragraph (6).

Appointed persons

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• (1) The Department shall nominate an appointed person who in the opinion of the Department is specially qualified to consider representations under this Schedule.

• (2) The appointed person shall serve on the person who made representations a notice requiring him to state within 14 days of receipt of the notice whether he wishes to make written or oral representations to the appointed person at a meeting.

• (3) The notice shall specify the place, date and time of the meeting and the date of the meeting shall not be earlier than 14 days from the date of the notice, unless the person who makes the representations has agreed to an earlier meeting.

• (4) The appointed person shall permit the Department or the transporter to make written or oral representations at the hearing either in person or through a representative.

• (5) The appointed person may permit any other person to make a written or oral representation to him at the hearing.

• (6) The appointed person shall consider—

• (a) the reasons given by the Department in accordance with this Schedule; and

• (b) any representations made in accordance with this Schedule

and shall make a report to the Department after the close of his consideration, giving his findings of fact and his recommendations, and the Department shall reconsider its decision in the light of the report.

• (7) The Department shall notify the transporter of the result of its reconsideration and the reasons for it and shall send him a copy of the appointed person’s report.

Duty to notify changes

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• (1) Within 21 working days after—

• (a) any change takes place in the officers of—

• (i) a body corporate which is the holder of a specific licence; or

• (ii) a body corporate which is a controller of a body corporate which holds such a licence; or

• (b) a body corporate which holds such a licence becomes aware that a person has become or ceased to be a controller of the body corporate,

the holder of the licence shall give the Department notice of that fact.

• (2) Where the Department is given notice under sub-paragraph (1) of any change the Department may by notice require the holder of the licence to furnish such information, verified in such manner, as the Department may stipulate.

• (3) The holder of a specific licence shall notify the Department within 21 days of any change of address of the transporter.

Interpretation

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In this Schedule—

• “agent” means an individual who acts on behalf of another person;

• “associate” shall have the same meaning as in section 184 of the Consumer Credit Act 1974[^f00012] but in addition to the persons specified in that Act shall include a business associate; and

• “employee” shall have the same meaning as in Article 3(1) of the Employment Rights (Northern Ireland) Order 1996[^f00013].

SCHEDULE 10 — Information to be Provided on the Route Plan

Section 1 — Information to be completed before the journey

1

Name, full address, business name, telephone number and fax number of the transporter.

2

Number and species of animals to be transported.

3

Health certificate number(s).

4

Number of the transporter’s specific licence (if any).

5

Registration number of the vehicles to be used, and the trailers if different.

6

Name of the person(s) in charge of the transport during the journey.

7

Place where the animals are to be first loaded and full address.

8

Planned date and time of departure.

9

Full itemised itinerary of the journey.

10

Full address of the final destination.

11

Estimated date and time of arrival at the final destination (local time).

Section 2 — Information to be completed during the journey

12

Actual date and time of loading the first animal.

13

Actual time of departure from the place of loading.

14

Full itemised itinerary of the journey.

15

Actual date and time of arrival at the final destination (local time).

SCHEDULE 11 — Form of undertaking

SCHEDULE 12 — Revocations

The following Orders are hereby revoked:

Signed

Sealed with the Official Seal of the Department of Agriculture on

P. T. Toal — Assistant Secretary — 25th July 1997.

Explanatory note

(This note is not part of the Order.)

This Order revokes and re-enacts with modifications the Welfare of Animals during Transport Order (Northern Ireland) 1994 and other animal welfare legislation, which together with that Order implemented Council Directive 91/628/EEC on the protection of animals during transport (O.J. No. L340, 11.12.91, p. 17). This Order implements that Directive as amended by Council Directive 95/29/EEC (O.J. No. L18, 30.6.95, p. 52).

The Order makes general provision for the welfare of animals during 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 during 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). Copies of the relevant documents can be obtained from—

• IATA, Tabmag Publishing Limited, Grove House, 31-37 Church Road, Ashford, Middlesex TW15 2UE.

• Freight Merchandising Services, c/o Vidap Freight Services, Green Lane, Hounslow, Middlesex TW4 6DD.

• Label Line, Hollyhouse, 14 Tenby Road, Frimley, Surrey GU16 5UT.

• CITES, Department of the Environment, Tollgate House, Houlton Street, Bristol BS2 9DJ.

The Order makes provision for the licensing 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) and excepts certain journeys from certain of its provisions (Article 15). The Order also contains requirements relating to the transport of animals to and from third countries (Article 16).

Inspectors of the Department of Agriculture may require compliance with the provisions of the Order and, if necessary, may stop a journey. Inspectors may take into account a previous failure to comply with this Order, including a failure to submit a route plan, in exercising these powers (Article 17).

Owners or charterers of vessels used to transport animals are required to produce on demand to an inspector of the Department of Agriculture information which may include a plan of the vessel (Article 18).

Footnotes

[^f00001]: As inserted by S.I. 1984/702 (N.I. 2) Article 17(4)

[^f00002]: As substituted by S.I. 1994/1891 (N.I. 6) Article 23(1)

[^f00003]: S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Article 17(3) and S.I. 1994/1891 (N.I. 6) Articles 23(1) and (2) and 24(1) and Schedule and modified by S.R. 1994 No. 161 Article 4

[^f00004]: O.J. No. L121, 29.7.64 (Special Edition 1963-64, p. 164) as amended and updated by Council Directive 97/12/EC (O.J. No. L109, 25.4.97, p. 1)

[^f00005]: O.J. No. L46, 19.2.91, p. 19

[^f00006]: O.J. No. L340, 11.12.91, p. 17 as amended by Council Directive 95/29/EC (O.J. No. L148, 30.6.95, p. 52)

[^f00007]: 1986 c. 14

[^f00008]: O.J. No. L224, 18.8.90, p. 42 to which there are amendments not relevant to this Order

[^f00009]: Published by the International Air Transport Association, 2000 Peel Street, Montreal, Quebec, Canada H3A 2R4

[^f00010]: Copies of CITES can be obtained from the Department of the Environment, Tollgate House, Houlton Street, Bristol BS2 2DJ

[^f00011]: The Orders of the British Horseracing Board and the Rules of Racing of the Jockey Club are available from Weatherbys Group Ltd, Sanders Road, Wellingborough, Northamptonshire, NN8 4BX

[^f00012]: 1974 c. 39

[^f00013]: S.I. 1996 No. 1919 (N.I. 16)