UK Statutory Instrument 2006 United Kingdom

Welfare of Animals (Transport) (England) Order 2006

What this means for your business

12 obligations
10 penalties
1 guides
Enforced by
APHA, DEFRA
Applies to
United Kingdom
On this page
12 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

12 compliance obligations under this legislation.

Management duties 1

Comply with any notice served under the Order and bear the costs

If an inspector serves you with a notice under the Welfare of Animals (Transport) Order – for example telling you to fix a problem, provide information or stop a particular activity – you must follow the instructions and pay any costs involved, unless the notice itself says otherwise. The duty applies to anyone who receives such a notice, whether you are an individual transporter or a company.

Any Person s.25 APHA When a notice is served under the Welfare of Animals (Transport) Order

Other requirements 1

Do not obstruct inspectors or give false information

Unlimited fine

If you transport animals you must cooperate with any animal‑transport inspector and give any information they reasonably ask for. You must keep accurate journey logs and other required documents, and you must never provide false or misleading information yourself or allow anyone else to do so.

Any Person s.27 APHA Whenever an inspector acting under the relevant EU animal‑transport regulations requests assistance …

Offences and prohibitions 9

Be liable for animal‑transport offences committed by your company

If your company breaches the animal transport rules and an officer (for example a director, manager or secretary) either consented to the breach or was negligent, both the company and that officer can be prosecuted. They will face the same penalties that apply to the underlying offence, which can include unlimited fines and imprisonment.

Director/Officer s.28 APHA

Fail to comply with animal transport regulations

If you are responsible for moving animals you must follow the detailed rules set out in Council Regulation (EC) No 1/2005 – this includes having the right documentation, meeting planning and vehicle standards, and allowing inspections. You must not tamper with any inspection marks and you must keep the transport documents for at least six months after the journey. Breaching any of these requirements can lead to a criminal offence.

Any Person s.5 APHA

Fail to comply with animal‑transport regulations

Unlimited fine

If your business transports animals and you do not meet the documentation, planning, vehicle and authorisation requirements set out in Council Regulation (EC) No 1/2005, you commit a criminal offence. Conviction can lead to a fine (normally unlimited) and, in the most serious cases, a custodial sentence. The offence is enforced by the Animal and Plant Health Agency (APHA).

Any Person s.6 APHA

Fail to comply with Article 8 animal‑transport requirements

If you are a keeper of animals and you do not meet the requirements set out in Article 8 of Council Regulation (EC) No 1/2005 at the point of departure, transfer or destination, you commit a criminal offence under the Welfare of Animals (Transport) (England) Order 2006. The Animal and Plant Health Agency (APHA) can prosecute you, which may result in a fine and/or imprisonment, depending on the court’s decision.

Any Person s.9 APHA

Fail to comply with assembly centre requirements

If you run an assembly centre for the transport of animals and do not follow the rules set out in Article 9 of Council Regulation (EC) No 1/2005, you commit a criminal offence. The Animal and Plant Health Authority (APHA) can prosecute you, and a conviction could lead to a fine and/or imprisonment. You should ensure your assembly‑centre procedures meet the EU regulation to avoid this risk.

Any Person s.10 APHA

Fail to comply with EU animal‑transport rules on roll‑on‑roll‑off vessels

If the captain of a roll‑on‑roll‑off ship does not follow point 3.1 of Chapter II of Annex I to Council Regulation (EC) No 1/2005 when transporting animals, the ship’s master commits a criminal offence. Transport companies must ensure the master has carried out the required checks before any animals are loaded. Conviction can lead to a fine and/or imprisonment, depending on the court’s sentencing powers.

Any Person s.7 APHA

Fail to meet planning obligations for animal transport

If you organise the transport of animals and do not comply with the planning obligations set out in Article 5(3) and (4) of EU Regulation 1/2005, you commit a criminal offence. Conviction can lead to fines or imprisonment, although the exact penalties are set elsewhere in the Order.

Any Person s.8 APHA

Operate or use a control post without proper approval or breach EU transport rules

If you run, operate or use an animal control post without having the required approval, or if you fail to follow the specific EU rules on control posts, you commit a criminal offence. A conviction can lead to a fine and/or imprisonment, depending on how the court decides the case.

Any Person s.11 APHA

Transport animals causing injury or suffering

If you move any animal in a way that causes, or is likely to cause, injury or unnecessary suffering – or you transport it without suitable containers, space, ventilation, temperature, security, water or oxygen for that species – you are committing a criminal offence. A conviction can lead to a fine and, in some cases, imprisonment.

Any Person s.4 APHA

Reporting and filing 1

Provide vessel plans and information on request

If you own or charter a ship that carries animals, you must have up‑to‑date plans of the vessel (showing ventilation, livestock fittings, etc.) ready to show to a government officer. You also have to give any additional details the officer asks for to prove the journey will meet animal‑welfare rules. You only need to supply information you can reasonably obtain.

Any Person s.26 APHA When you own or charter a vessel used to transport animals and …

Penalties for non-compliance

10 penalties under this legislation. 2 carry an unlimited fine.

Unlimited fine

Do not obstruct inspectors or give false information

Unlimited fine

s.27 Penalises: Do not obstruct inspectors or give false information
Unlimited fine

Fail to comply with animal‑transport regulations

Unlimited fine

s.6 Penalises: Fail to comply with animal‑transport regulations
Fine

Be liable for animal‑transport offences committed by your company

Penalty applies

s.28 Penalises: Be liable for animal‑transport offences committed by your …
Fine

Fail to comply with animal transport regulations

Penalty applies

s.5 Penalises: Fail to comply with animal transport regulations
Fine

Fail to comply with Article 8 animal‑transport requirements

Penalty applies

s.9 Penalises: Fail to comply with Article 8 animal‑transport requirements
Fine

Fail to comply with assembly centre requirements

Penalty applies

s.10 Penalises: Fail to comply with assembly centre requirements
Fine

Fail to comply with EU animal‑transport rules on roll‑on‑roll‑off vessels

Penalty applies

s.7 Penalises: Fail to comply with EU animal‑transport rules on …
Fine

Fail to meet planning obligations for animal transport

Penalty applies

s.8 Penalises: Fail to meet planning obligations for animal transport
Fine

Operate or use a control post without proper approval or breach EU transport rules

Penalty applies

Either way s.11 Penalises: Operate or use a control post without proper …
Fine

Transport animals causing injury or suffering

Penalty applies

s.4 Penalises: Transport animals causing injury or suffering

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

32 classified provisions from this legislation.

Duties 3

  • s.25 Compliance with notices
  • s.26 Production of plans vessel
  • s.27 Obstruction documentation carried pursuant

Offences and penalties 9

  • s.4 General provision on the protection of animals during transport
  • s.5 Transport
  • s.6 Transporters
  • s.7 Roll-on-roll-off vessels
  • s.8 Organisers
  • s.9 Keepers
  • s.10 Assembly centres
  • s.11 Control posts
  • s.28 Offences by bodies corporate

Powers 3

  • s.22 Suspension, revocation of approvals etc
  • s.24 Powers of inspectors
  • s.29 Enforcement

Definitions 3

  • s.2 Interpretation
  • s.12 Application
  • s.20 The competent authority

Exemptions 7

  • s.13 Derogation from inspection and approval
  • s.14 Derogation from requirement for continuous access to water
  • s.15 Derogation from insulated roof requirement
  • s.16 Derogation from temperature requirements
  • s.17 Derogation from ventilation system requirement
  • s.18 Derogation from temperature monitoring requirements
  • s.19 Derogation from navigation system requirement