1. The title of this Order is the Welfare of Animals (Transport) (Wales) Order 2007. It comes into force on 30 March 2007 and applies in relation to Wales.
2.—(1) In this Order “the Act” means the Animal Health Act 1981.
(2) Expressions used in this Order that are also used in the following Regulations have the meaning they bear in those Regulations.
(3) The Regulations are—
(a) Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) 1255/97(3);
(b) Council Regulation (EC) No 1255/97 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC(4).
(4) The “local authority” means in relation to an area the county council or county borough council for that area.
(5) The “National Assembly” means the National Assembly for Wales of Cathays Park, Cardiff CF10 3NQ.
(6) Any reference to the Regulations referred to in paragraph (3) is a reference to those instruments as amended from time to time.
3. For the purposes of the Act in its application to this Order, the definitions of animals and poultry in section 87 of the Act are extended to cover all vertebrate animals and cold-blooded invertebrate animals.
4.—(1) It is an offence to transport any animal in a way which causes, or is likely to cause, injury or unnecessary suffering to that animal.
(2) It is an offence to transport any animal except in such receptacles or means of transport, under conditions (in particular with regard to space, ventilation, temperature and security) and with such supply of liquid and oxygen, as are appropriate for the species concerned.
(3) This article applies to the transport of cold-blooded invertebrate animals.
(4) This article applies to the transport of vertebrate animals except those to which Council Regulation (EC) No 1/2005 applies.
5.—(1) A person who fails to comply with any of the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence against the Act—
(a) Article 3 (general conditions for the transport of animals);
(b) Article 4(1) (Article 4 relates to transport documentation);
(c) Article 5(1) (Article 5 relates to planning obligations for the transport of animals);
(d) Article 6(1) (Article 6 relates to transporters);
(e) from 5 January 2008, Article 6(5);
(f) Article 7 (prior inspection and approval of means of transport);
(g) points 1.8, 1.9 or 1.11 of Chapter III of Annex I (Chapter III relates to transport practices).
(2) No person is to remove, deface, obliterate or alter a mark made under paragraph (3) of article 24 (powers of inspectors).
(3) Copies of the documentation referred to in Article 4 of Council Regulation (EC) No 1/2005 must be kept for 6 months from the completion of the journey.
6. A transporter who fails to comply with the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence against the Act—
(a) Article 4(2) (Article 4 relates to transport documentation);
(b) Article 5(2) and (4) (Article 5 relates to planning obligations for the transport of animals);
(c) Article 6(2), (3), (4), (6) and (8) (Article 6 relates to transporters);
(d) Article 6(9)—
(i) for means of transport by road in service for the first time on or after the coming into force date of this Order; and
(ii) for all means of transport by road on or after 1 January 2009;
(e) Article 12 (Article 12 relates to limitation on applications for authorisation).
7.—(1) A master of a roll-on-roll-off vessel who fails to comply with point 3.1 of Chapter II of Annex I to Council Regulation (EC) No 1/2005 (Chapter II relates to additional provisions for transport on roll-on-roll-off vessels) is guilty of an offence against the Act.
(2) No transporter is to transport animals on a roll-on-roll-off vessel unless the master of the vessel has first verified the matters referred to in that point.
8. An organiser who fails to comply with any of the obligations in Article 5(3) and (4) of Council Regulation (EC) No 1/2005 (Article 5 relates to planning obligations for the transport of animals) is guilty of an offence against the Act.
9. A keeper who fails to comply with Article 8 of Council Regulation (EC) No 1/2005 (keepers at places of departure, transfer or destination) is guilty of an offence against the Act.
10. An operator of an assembly centre who fails to comply with Article 9 of Council Regulation (EC) No 1/2005 (assembly centres) is guilty of an offence against the Act.
11.—(1) It is an offence for a person to operate a control post unless he or she is approved for that purpose.
(2) It is an offence for any person to operate or use a control post unless it is approved in accordance with Article 3(1) of Council Regulation (EC) No 1255/97.
(3) An operator of a control post who fails to comply with any of the following provisions of Council Regulation (EC) No 1255/97 is guilty of an offence against the Act—
(a) Article 4 (use of control posts);
(b) Article 5 (the operation of control posts);
(c) Article 6(1) (confirmation that an animal is fit to continue its journey).