Title, commencement, extent and extension of definitions

1. —(1) This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) (No.2) Order 2000 and shall come into force on 6th July 2000.

(2) This Order shall extend to England only.

(3) For the purposes of the Animal Health Act 1981 in its application to this Order—

(a) the definitions of animals and poultry in subsection (1) and (4) of section 87 of that Act are extended so as to comprise all mammals except man and all birds; and

(b) the definitions of disease in subsections (1) and (3) of section 88 of that Act are extended so as to comprise all diseases of animals and poultry.

Interpretation

2. —(1) In this Order, unless the context otherwise requires—

• “animal” includes bird;

• “means of transport” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it.

(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.

(3) Any notice served under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

Cleansing and disinfection in relation to the transport of hoofed animals and poultry

3. —(1) This article shall apply in relation to the cleansing and disinfection of means of transport used for the following animals (other than in the circumstances specified in Schedule 2)—

(a) hoofed animals;

(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) The user of any means of transport which has been used to transport any animal or anything which may give rise to a risk of transmission of disease 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 (in the case of a container) destroyed.

(3) No person shall use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and its equipment have been cleansed and disinfected in accordance with Schedule 1 since it was last used to transport any animal or anything which may give rise to a risk of transmission of disease.

(4) If a means of transport has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person shall load, or cause or permit to be loaded, any animal into the means of transport unless it has been again cleansed and disinfected in accordance with paragraphs 3 and 4 of Schedule 1.

(5) Any person transporting any animal shall remove any dead animals, soiled bedding and excreta from the means of transport as soon as possible.

Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances

4. —(1) This article shall apply in relation to the transport of—

(a) all mammals other than hoofed animals;

(b) all birds not included in article 3; and

(c) animals and birds specified in article 3 in the circumstances specified in Schedule 2;

but shall not apply in the case of—

(i) transport which is not of a commercial nature;

(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—

(a) they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected in accordance with Schedule 1; and

(b) dead animals, soiled litter and excreta are removed as soon as possible.

Disposal of material after cleansing

5. The person responsible for cleansing the means of transport under this Order shall ensure that all feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, and other contaminants removed from the means of transport are either—

(a) destroyed;

(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.

6. —(1) Where an inspector is satisfied that a means of transport, or any equipment carried with the means of transport, either—

(a) has not been cleansed and disinfected in accordance with this Order; or

(b) needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,

he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.

(2) A notice served under the preceding paragraph may—

(a) prohibit the use of the means of transport or the equipment until it has been cleansed and disinfected;

(b) prohibit the keeping of animals on the means of transport until it has been cleansed 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.

(4) An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3 or 4 requiring him to cleanse and disinfect it as specified in the notice instead of in accordance with Schedule 1 if he is satisfied that this is necessary for animal health purposes.

(5) Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.

Enforcement

7. This Order shall be enforced by the local authority.

Revocations and amendments

8. —(1) The Orders set out in the first column of the table in Part I of Schedule 3 are revoked in so far as they apply in England to the extent set out in the third column of that table.

(2)The Transport of Animals (Cleansing and Disinfection) (England) Order 2000( 2 ) is revoked.

(3) The Order in Part II of Schedule 3 is amended in accordance with that Part in so far as it applies in England.

Articles 3, 4, 5 and 6

SCHEDULE 1 Cleansing and disinfection of means of transport

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—

(a) the following shall be cleansed whether or not they are soiled: all the inside surfaces of those parts of the means of transport in which the animals are transported, and all parts of the means of transport to which the animals may have had access during the journey; and

(b) the following shall be cleansed if they are soiled—

(i) any detachable fittings not used during the journey;

(ii) any other part of the means of tranport;

(iii) any equipment carried during the journey for use with the animals.

(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.

Method of cleansing

3. Cleansing shall be by removing any feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleaning with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.

Disinfection after cleansing

4. Everything required to be cleansed under this Order shall be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978( 3 ) at the concentration required under that Order for “General Orders”.

Articles 3 and 4

SCHEDULE 2 Circumstances in which article 4 applies

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—

(a) horses used for recreational or sporting purposes only; or

(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

3. —(1) Article 4, rather than article 3, shall apply in relation to a means of transport which is used exclusively, in the course of a single day, for the transport of animals between the same two points, other than between markets, provided that the means of transport is cleansed and disinfected in accordance with Schedule 1 within 24 hours of the last journey during which an animal is transported during that day, and in any event before the means of transport is used again in connection with the transport of any animal or thing.

(2) In this paragraph “last journey” includes—

(a) a journey begun but not completed before midnight on the day in question; and

(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

4. Article 4, rather than article 3, shall apply in the case of a means of transport from which animals have been unloaded solely to be fed or watered, or for some other temporary purpose, and then reloaded.

Article 7

SCHEDULE 3

Part I Revocations

PART II Amendments

In the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11 ), for:

(a) conditions 4 and 5 of Schedule 2,

(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— “Means of transport must be cleansed and disinfected in accordance with the Transport of Animals (Cleansing and Disinfection) (England) (No. 2) Order 2000( 4 )”.