Transit of Animals (General) Order, 1973

• Jurisdiction: Ireland

S.I. No. 292 of 1973.

TRANSIT OF ANIMALS (GENERAL) ORDER, 1973.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 11 , 28 and 29 of the Diseases of Animals Act, 1966 (No. 6 of 1966), hereby order as follows:— 1. (1) This Order may be cited as the Transit of Animals (General) Order, 1973.

(2) The collective citation "the Transit of Animals Orders, 1927 to 1973" shall include this Order. 2. This Order shall come into operation on the 1st day of December, 1973.

Interpretation 3. (1) In this Order, except where the context otherwise requires—

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"airport "means any place in the State at which animals are loaded into or unloaded out of an aircraft, or at which an aircraft calls while transporting animals;

"animals" means all mammals (except man), fish, reptiles, crustaceans and all other cold-blooded creatures and birds of any species;

"attendant" includes the driver of a road vehicle, the guard of a train, and a member of the crew of any vessel or aircraft so far as any such person is designated to act as an attendant in respect of animals being transported;

"captain", in relation to transport by air, means the member of the flight crew designated as captain of an aircraft by the operator thereof, or, failing such designation, the person who is for the time being the pilot of the said aircraft;

"container" means a crate, box or other suitable receptacle used for the transport of animals which is not an integral part of a vessel, aircraft or vehicle;

"master" means any person having charge or command of a vessel, other than a pilot;

"port" means any place in the State at which animals are loaded into or unloaded out of a vessel, or at which a vessel call while transporting animals;

"unfit" includes aged, infirm, ill, injured and fatigued;

"vehicle", in relation to the transport of animals by road, means any vehicle, including a trailer of any description, constructed or adapted for use on a road, whether drawn or propelled by animal or mechanical power, and, in relation to the transport of animals by rail, rolling stock of any description;

"vessel" includes hovercraft.

(2) In relation to transport by sea or air, the provisions of this Order shall apply to animals being transported on any vessel or aircraft to or from a port or airport in the State whether or not such animals are loaded or unloaded at such port or airport. 4. In order to provide further for the protection of animals in transit, to extend for that purpose the application of sections 28, 29, 42, 43 and 46 of the Act and all other sections (including sections relating to offences and legal proceedings) containing provisions relative to or consequent on those sections, Parts I and II of the First Schedule to the Act shall, for the purposes of this Order, have effect as if all animals were specified therein.

Application of existing Orders 5. Nothing in this Order shall be construed as in any way restricting or otherwise affecting the operation of the provisions for the time being in force of the Orders specified in the Schedule hereto in their application to the transport by road, rail and sea of the several species of animals to which they apply, and in so far as any provision of this Order is inconsistent with any provision of an Order specified in the said Schedule, the provisions of the Order so specified shall prevail.

Protection of animals from injury and unnecessary suffering during loading, unloading and transport 6. (1) It shall be the duty of the carrier or other person in charge of any animal to ensure that the following provisions of this Order are applied to the animal in the manner appropriate to its species.

(2) ( a ) No person shall load any animal into a vessel, aircraft or vehicle, or cause or permit any animal to be so loaded, in such a way as is likely to cause injury or unnecessary suffering to the animal;

( b ) No person shall unload any animal out of a vessel, aircraft or vehicle or cause or permit any animal to be so unloaded in such a way as is likely to cause avoidable injury or unnecessary suffering to the animal.

(3) No person shall transport any animal by sea, air, road or rail, or cause or permit any animal to be so transported, in such a way as is likely to cause injury or unnecessary suffering to the animal.

(4) Without prejudice to the generality of the foregoing provisions of this Article, it shall be the duty of any person in charge of an animal which is being loaded into, unloaded from or transported in a vessel, aircraft or vehicle to ensure—

( a ) in case the animal is being so loaded or transported, that it is not and will not be caused injury or unnecessary suffering, and

( b ) in case the animal is being so unloaded, that it is not and will not be caused avoidable injury or unnecessary suffering, by reason of—

(i) inadequately constructed or insecure fittings in that part of...