The Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order enforces—

Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus (O.J. No L 154, 21.6.2003, p.112),

Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (O.J. No L 146, 13.6.2003, p.1),

Commission Decision 2006/146/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia (O.J. No L 55, 25.2.2006, p.44),

Commission Decision 2007/25/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (O.J. No L 8, 13.1.2007, p.29), and

Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs (O.J. No L 296, 15.11.2011, p.6).

Part 1 provides definitions and designates the Department as the competent authority responsible for various functions under the Order.

Part 2 concerns the preventive health measures that apply to the movement of pet animals to Northern Ireland to protect against the risk of the introduction of rabies, Echinococcus multilocularis (tapeworm) , Hendra disease, Nipah disease and highly pathogenic avian influenza into Northern Ireland. Article 5 (1)(a) operates so as to exempt a pet dog, cat or ferret from the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977 ( S.R. 1977 No.113 ) (“the 1977 Order ”) provided the pet dog, cat or ferret meets all preventive health measures that are applicable to that animal. Pet rodents and rabbits (as well as certain other species) brought to Northern Ireland from another member State or other European country listed in Part B of Annex II to Regulation (EC) No 998/2003 are also exempt from the provisions of the 1977 Order, as are pet animals brought to Northern Ireland from Great Britain, the Channel Islands or the Isle of Man (Article 5(1)(b) and (c)). A pet bird brought to Northern Ireland from a third country (subject to certain exceptions) which does not comply with the preventive health measures in Commission Decision 2007/25/EC may be re-exported, detained in quarantine or destroyed.

Part 3 provides for the landing in Northern Ireland of recognised assistance dogs being brought into Northern Ireland on a Community air carrier.

Part 4 contains provisions relating to enforcement. Inspectors are given powers to require compliance with the Order, including powers of entry and seizure.

Offences listed in Article 13(a) are punishable on summary conviction to a fine only. Offences listed in Article 13(b) to 13(e) relating to obstruction of authorised officers or falsification of documentation is punishable on summary conviction to a fine or up to three months’ imprisonment.

A pet animal that is not brought into Northern Ireland in accordance with the relevant EU instruments will be subject to the quarantine provisions in the 1977 Order.

The owner of the pet animal may also be subject to the offences in Article 16 of that Order. A pet animal that fails to meet the preventative health measures relating to Hendra or Nipah is prohibited entry into Northern Ireland.

Part 5 provides a transitional arrangement for pet animals already detained and isolated in quarantine on the coming into force of this Order and deals with amendments to other legislation, principally the 1977 Order.

The Schedule amends the 1977 Order to reduce the quarantine period for rabies-susceptible animals (other than animals subject to Article 5 or 8 of Regulation (EC) No 998/2003 ) from 6 months to 4 months and to give a discretionary power to the appropriate authorities to reduce or waive the 4 month quarantine period if satisfied that the release of an animal from quarantine will present negligible risk of the introduction of rabies into Northern Ireland.