The Non-Commercial Movement of Pet Animals Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2883 |
2011 No. 2883
AnimalsAnimal Health
The Non-Commercial Movement of Pet Animals Order 2011
Made 6th December 2011
Laid before Parliament 9th December 2011
Coming into force 1st January 2012
The Secretary of State and the Welsh Ministers are designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Union and measures in the veterinary and phytosanitary fields for the protection of public health.
The Secretary of State, in relation to England and Scotland, and the Welsh Ministers, in relation to Wales, make this Order in exercise of the powers conferred by section 10 of the Animal Health Act 19813and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19724.
To the extent that this Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, it appears to the Secretary of State and the Welsh Ministers that it is expedient for the references in this Order to the Decision specified in paragraph (a), and to the provisions of the Regulation specified in paragraph (b), to be construed as references to that Decision or those provisions as amended from time to time—
(a) Commission Decision 2007/25/ECas regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community5, and
(b) Annexes I and II to Regulation (EC) No 998/2003of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC6.
PART 1
General
Title, extent and commencement
1.—(1) This Order may be cited as the Non-Commercial Movement of Pet Animals Order 2011.
(2) It extends to Great Britain.
(3) It comes into force on 1st January 2012.
Interpretation
2.—(1) In this Order—
“the appropriate authority” means—
(a) in relation to England, the Secretary of State,
(b) in relation to Scotland, the Scottish Ministers,
(c) in relation to Wales, the Welsh Ministers;
“carrier” means any undertaking carrying goods or passengers for hire by land, sea or air;
“Decision 2003/459/EC” means Commission Decision 2003/459/ECon certain protection measures with regard to monkey pox virus7;
“Decision 2006/146/EC” means Commission Decision 2006/146/ECon certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia8;
“Decision 2007/25/EC” means Commission Decision 2007/25/ECas regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community;
“health certificate” means a certificate issued in accordance with Article 8(2) of the Pets Regulation;
“local authority” has the meaning given in article 3;
“pet bird” has the same meaning as in Decision 2007/25/EC;
“the Pets Regulation” means Regulation (EC) No 998/2003of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC;
“the supplementary Regulation” means Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003of the European Parliament and of the Council as regards preventive health measures for the control ofEchinococcus multilocularisinfection in dogs9.
(2) Terms and expressions used in this Order and in the Pets Regulation have the same meaning as in the Pets Regulation.
(3) In this Order—
(a)
(a) any reference to Decision 2007/25/ECis a reference to that Decision as amended from time to time, and
(b)
(b) any reference to Annex I or II to the Pets Regulation is a reference to that Annex to that Regulation as amended from time to time.
Meaning of local authority
3.—(1) In England, “local authority” means—
(a)
(a) where there is, within the meaning of the Local Government Changes for England Regulations 199410, a unitary authority, that authority,
(b)
(b) where there is not a unitary authority—
(i) in a metropolitan district, the council of that district,
(ii) in a non-metropolitan county, the council of that county,
(iii) in a London borough, the council of that borough,
(c)
(c) in the City of London, the Common Council, or
(d)
(d) in the Isles of Scilly, the Council.
(2) In Scotland, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 199411.
(3) In Wales, “local authority” means a county council or a county borough council.
Designation
4.—(1) The appropriate authority—
(a)
(a) is the competent authority for the purposes of Article 5(1)(b) of the Pets Regulation, and
(b)
(b) acts as the member State for the purposes of Article 1(1) of Decision 2007/25/EC.
(2) The appropriate authority and the local authority are the competent authorities for the purposes of—
(a)
(a) Article 12 of the Pets Regulation, and
(b)
(b) Article 2(1) of Decision 2007/25/EC.
PART 2
Controls on diseases
Controls on rabies and certain other diseases of mammals
5.—(1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 197412does not apply to the landing of a pet animal in Great Britain which—
(a)
(a) is an animal of a species listed in Part A or B of Annex I to the Pets Regulation and is brought into Great Britain on a carrier approved in accordance with article 11 (unless article 11(2) applies) and satisfies—
(i) the requirement in respect of rabies in article 6,
(ii) the requirement in respect of Nipah disease in article 7 (where applicable),
(iii) the requirement in respect of Hendra disease in article 8 (where applicable), and
(iv) the requirement in respect ofEchinococcus multilocularis in article 9 (where applicable),
(b)
(b) is brought into Great Britain from Northern Ireland, the Channel Islands or the Isle of Man, or
(c)
(c) is an animal of a species listed in Part C of Annex I to the Pets Regulation and is brought into Great Britain from another member State or a territory listed in Part B of Annex II to the Pets Regulation.
(2) But the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 does apply to the importation into Great Britain of a pet animal which is—
(a)
(a) a prairie dog originating in or coming from the United States of America, or
(b)
(b) a rodent of non-domestic species or a squirrel originating in or coming from a third country of the African sub-Saharan region.
Rabies
6. The requirement in respect of rabies is that the animal complies with Article 5 or 8 of the Pets Regulation (as the case may be).
Nipah disease
7. The requirement in respect of Nipah disease is that a dog or cat imported from Malaysia (Peninsula) must be accompanied by a certificate which—
(a) is signed by a representative of the Malaysian government veterinary services,
(b) states the number of the microchip implanted in the dog or cat, and
(c) certifies that the conditions in Article 2(2) of Decision 2006/146/EChave been met.
Hendra disease
8. The requirement in respect of Hendra disease is that a cat imported from Australia must be accompanied by a certificate which—
(a) is signed by a representative of the Australian government veterinary services,
(b) states the number of the microchip implanted in the cat, and
(c) certifies that the condition in Article 3(2) of Decision 2006/146/EChas been met.
Echinococcus multilocularis
9. The requirement in respect of Echinococcus multilocularis is that a dog complies with the preventive health measures in Article 7 of the supplementary Regulation, except where those measures do not apply by virtue of Article 2(2) of that Regulation.
Highly pathogenic avian influenza
10.—(1) The Importation of Birds, Poultry and Hatching Eggs Order 197913does not apply to the landing of a pet bird to which Decision 2007/25/ECapplies.
(2) Paragraphs (3) to (5) apply where a pet bird is part of a movement into Great Britain which does not comply with Decision 2007/25/EC.
(3) An officer of the competent authority may serve a written notice on the person accompanying the bird, requiring that person to—
(a)
(a) return the bird to its country of origin,
(b)
(b) place the bird in quarantine for such period, at such place and subject to such conditions as may be specified in the notice, or
(c)
(c) where the return or quarantine of the bird is not possible, cause the bird to be destroyed by a date specified in the notice.
(4) A person on whom a notice is served must comply with it at that person’s own expense.
(5) Where a notice is not complied with, an officer of the competent authority may seize the bird, detain it and arrange for it to be treated as required by the notice at the expense of the person on whom notice is served.
PART 3
Carriers
Approval of carriers
11.—(1) A carrier who moves a pet animal which is subject to Article 5 or 8 of the Pets Regulation into Great Britain must be approved for the purpose by the appropriate authority.
(2) But approval is not required where—
(a)
(a) the movement is from the Republic of Ireland, or
(b)
(b) the carrier is a Community air carrier and the movement is of a recognised assistance dog.
(3) Approval may be granted subject to such terms and conditions as the authority considers necessary or expedient to ensure that pet animals are checked by or on behalf of the carrier for compliance with the Pets Regulation and (if applicable) the supplementary Regulation and Decision 2006/146/EC.
(4) Approvals in force immediately before 1st January 2012 under article 7 of the Pet Travel Scheme (Scotland) Order 200314and article 8 of the Non...
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