Diseases of Animals
(Rabies) (Importation of Mammals) (Jersey) Order 2011
THE MINISTER
FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 1, 3, 13, 14 and 42 of the Diseases of
Animals (Jersey) Law 1956, (and as extended, as
respects Article 13 thereof, by Articles 6 and 7 of the Diseases of
Animals (Rabies) (Jersey) Law 1976,) for the purpose of preventing the
introduction of rabies into Jersey,
orders as follows –[1]
Commencement [see endnotes]
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“animal”,
means an animal belonging to any of the orders of mammals specified in Part 1
and 2 of the Schedule except where specified otherwise in those Parts;
“authorized carrying
agent” means a person authorized by the Minister under Article 8 to
carry animals;
“authorized
quarantine premises” means premises approved by the Minister under
Article 7 for use for the detention and isolation of animals in
quarantine;
“Community
Regulation” means Regulation (EU) No. 576/2013 of the European
Parliament and of the Council of 12 June 2013 on the non-commercial
movement of pet animals and repealing Regulation (EC) No. 998/2003 (O.J. L178,
28.6.2013, p.1);
“contact animal”
means an animal belonging to any of the orders of mammals specified in Part 3
of the Schedule;
“Law” means
the Diseases of Animals (Jersey) Law 1956, as extended, as respects
Article 13 thereof, by Articles 6 and 7 of the Diseases of Animals
(Rabies) (Jersey) Law 1976;
“pet animal”
has the same meaning as in Article 3 of the Community Regulation.[2]
(2) For
the purposes of this Order and for the purposes of Articles 3, 13, 14, 34,
34A, 34B, 35, 40 and 42 of the Law insofar as they may be applicable to the making,
administration and enforcement of this Order in its application to rabies –
(a) the
definition of “animals” in Article 1 of the Law is extended to
include any animal belonging to the orders of mammals specified in the Schedule
except where specified otherwise in that Schedule;
(b) the
definition of “disease” in Article 1 of the Law is extended so
as to include rabies.
(3) For
the purposes of this Order, an animal shall be deemed to have been landed in Jersey
immediately it is unloaded or taken out of, or in any other manner leaves or
escapes from, a vessel or aircraft, and “land” and “landing”
shall be construed accordingly.
(4) Paragraph (3)
shall not apply in respect of an animal which is, under the authority of an
inspector, transported by water directly from one vessel to another, without
the vessel in which the animal is carried touching land, or the animal being
put on land.
(5) Except
where provided otherwise in this Order, this Order does not apply to a pet
animal of a species listed in Part A of Annex I to the Community
Regulation.[3]
(6) In
this Order references to a licence include any conditions subject to which the
licence is granted.
2 Prohibition
on landing of animals to Jersey
(1) Subject
to the provisions of this Order, the landing in Jersey of an animal brought
from a place outside Jersey is prohibited, except under the authority, and in
accordance with the terms and conditions, of a licence previously granted by or
on behalf of the Minister.
(2) Paragraph (1)
does not apply to an animal brought to Jersey from any other part of the
British Islands or the Republic of Ireland if, prior to being brought to Jersey –
(a) the
animal has never been outside the British Islands or the Republic of Ireland; or
(b) the
animal has been detained and isolated in quarantine for a period of at least
4 months immediately before being brought to Jersey.
(2A) Paragraph (1)
does not apply to a pet animal which is a rodent or rabbit brought into Jersey
from a British Island or from –
(a) a
member State of the European Union; or
(b) any
of the following countries or territories –
Andorra,
Switzerland,
Faroe Islands,
Gibraltar,
Greenland,
Iceland,
Liechtenstein,
Monaco,
Norway,
San Marino,
Vatican City State,
provided that, if the
animal was brought into that member State, country or territory from another
country or territory, it was imported there legally under the laws of the
importing member State, country or territory.[4]
(3) No
animal shall be landed in Jersey elsewhere than at the Port of St. Helier,
the Port of Gorey or St. Peter’s Airport, except –
(a) under
the authority of a licence previously granted by or on behalf of the Minister,
where exceptional circumstances exist in connection with the bringing to Jersey
of a particular animal; or
(b) under
the authority of the Veterinary Officer, where the vessel or, as the case may
be, the aircraft which is bringing the animal to Jersey is ordered or forced to
be diverted in the interest of safety, or in the light of other exceptional
circumstances; or
(c) if
the animal is brought to Jersey under paragraph (2).
(4) Notwithstanding
paragraph (2), if at any time the Minister has reason to believe that
there is an outbreak of rabies in another part of the British Islands or the
Republic of Ireland, and considers it necessary to act urgently to prevent the
introduction of that disease into Jersey, the Minister may direct that
paragraph (1) shall apply to animals brought to Jersey from one of those
territories, and any such direction shall remain in force for a period of 28 days
unless revoked by a subsequent direction before the end of that period.
(5) The
Minister shall take all reasonable steps to bring any direction made under
paragraph (4) to the notice of any person who is likely to be affected by
it, and, in any proceedings for an offence arising by virtue only of the
direction, it shall be a defence that at the time when the offence was
committed the accused had no reason to believe that the direction was in existence.
(6) For
the purposes of this Order, an animal which –
(a) is
taken from a place in the British Islands or the Republic of Ireland, to a
place outside those territories (whether or not it is landed at that place, or
comes into contact with any animal while there, or during the journey thereto
or therefrom); or
(b) while
outside Jersey, comes into contact with an animal to which, if it were brought
to Jersey, the prohibition on landing contained in Article 2(1) would
apply,
shall, when landed in Jersey,
be deemed to be an animal brought from a place outside those territories.[5]
3 Detention
and isolation in quarantine
(1) Where
an animal specified in Part 1 of the Schedule is landed in Jersey in
accordance with a licence granted under Article 2, it shall, after being
so landed, be immediately detained and isolated in quarantine at its
owner’s expense for the rest of its life, at such premises and subject to
such conditions as may be specified in the licence; and any animal so specified
which is born in Jersey (whether or not its parents or any one of them was
brought from a place outside Jersey) shall similarly be detained and isolated
in quarantine for life.
(2) Where
an animal specified in Part 2 of the Schedule is landed in Jersey in
accordance with a licence granted under Article 2, it shall, after being
so landed, be immediately detained and isolated in quarantine at its
owner’s expense –
(a) for a
period of 4 months; or
(b) in
the case of an animal brought to Jersey from another place in the British
Islands or the Republic of Ireland before the end of a period of detention and
isolation in quarantine in that place for such period as will ensure that the
animal is detained and isolated in quarantine for an aggregate period of not less
than 4 months from the date of its landing in that place,
at such premises and
subject to such conditions as may be specified in the licence; and any
offspring which is born to any such animal during the period of its detention
and isolation in quarantine shall similarly be detained and isolated at its
owner’s expense for the remainder of the period applying in respect of
its dam, or for such shorter period, and at such premises and subject to such
conditions, as the Veterinary Officer may in any particular case direct.
(3) However,
paragraph (2) does not apply to any animal of the Orders Rodentia and
Lagomorpha where a licence granted under Article 2 states that it is being
brought into Jersey –
(a) for
use at research premises in connection with scientific research; or
(b) to
the Durrell Wildlife Conservation Trust.
(4) The
Minister may by licence permit 2 or more animals required to be detained under
paragraph (1) or (2) to be kept together in quarantine, subject to such
conditions as may be specified in the licence, provided that the period of
quarantine referred to in paragraph (2), unless the Veterinary Officer
otherwise directs, is computed in respect of all the animals to which the
licence relates by reference to the latest date on which any such animal was
landed in Jersey.
(5) The
Minister, if satisfied that exceptional circumstances exist, may by licence
permit other animals to be kept with animals being detained in quarantine under
paragraph (1) or (2), subject to compliance with such conditions as may be
specified in the licence; and where an animal to which such a licence relates
has been in contact with an animal detained under those paragraphs, it shall
remain in quarantine at its owner’s expense for the remainder of the
period applying in respect of the animal with which it has been in contact, or
for such shorter period as the Minister may in any particular case direct, and
be treated for the purposes of this Order as an animal which has been brought
to Jersey from a place outside it.
(6) Notwithstanding
paragraphs (1), (2), (4) and (5), if an outbreak of rabies occurs at authorized
quarantine premises, or the Minister has reason to suspect that an animal
detained or previously detained at such premises may be or may have been
affected with that disease, the Minister may, without limiting the powers in
the Animal Health
(Jersey) Law 2016 or the Animal Health (Rabies)
(Jersey) Order 2016, by notice served on the person supervising the
premises, and (where practicable) on the owner of any animal detained there,
require that any such animal be detained and isolated at its owner’s
expense for such longer period as may be specified in the notice, and subject
to such conditions as may be so specified.
4 Release
or waiver from quarantine
The Minister may grant a
licence releasing from detention and quarantine under Article 3 any
animal, or waiving its period of quarantine, if satisfied that such release or
waiver will give rise to a negligible risk of the introduction of rabies into
Jersey or the spread of rabies.
5 Vaccination
of dogs, cats and ferrets in quarantine[6]
During the period of its
detention and isolation in quarantine under Article 3(2), each dog, cat
and ferret shall, at its owner’s expense, be vaccinated against rabies
with a vaccine approved for the purpose by the Minister, in such manner, and on
such number of occasions and at such intervals, as the Veterinary Officer may
require either generally, or in a particular case.[7]
6 Control
of movement of animals after landing
(1) When
an animal is landed in Jersey in accordance with a licence granted under
Article 2 (other than an animal brought into Jersey that is exempted from
quarantine by Article 3(3)), the person in charge of the animal at the
time of landing shall hand it over immediately to the authorized carrying agent
named in the licence, who shall forthwith remove the animal to the authorized
quarantine premises specified in the licence.
(2) Subject
to paragraph (3), an animal shall not be moved from the authorized
quarantine premises specified in the licence during the period of its detention
and isolation in quarantine except to other authorized quarantine premises, or
to a vessel or aircraft for exportation, and in either case only by an authorized
carrying agent, and in accordance with the terms and conditions of a further
licence granted by the Minister.
(3) If
the Veterinary Officer is satisfied that an animal is in urgent need of
veterinary treatment of a kind which cannot be administered at the authorized
quarantine premises where the animal is, the Veterinary Officer may authorize
the movement of the animal by an authorized carrying agent to a place at which
such treatment can be administered, subject to compliance with such conditions
as he or she may consider appropriate; and the person supervising the authorized
quarantine premises where the animal is shall ensure that all such conditions
are complied with.
7 Authorized
quarantine premises
(1) No
premises shall be used for the detention and isolation in quarantine of an
animal to which this Order applies except with the approval of, and subject to
such terms and conditions as may be determined by, the Minister and unless they
are under the supervision of a person authorized to act in that behalf by the
Minister.
(2) The
Minister may at any time withdraw an approval or authorization given under
paragraph (1), or vary the terms or conditions subject to which it was
given, but without prejudice to anything lawfully done pursuant thereto before
such withdrawal or variation takes effect.
8 Authorized
carrying agents
(1) The
Minister may in writing authorize any person as carrying agent for the purposes
of this Order, and any such authorization may be issued for such period, and
given subject to such terms and conditions, as may be specified therein.
(2) An
authorization given by the Minister under paragraph (1) may relate
generally to the movement of animals to which this Order applies, or to any
class or species of such animals, or to the movement of a specified animal or
specified animals on an occasion or on occasions so specified.
(3) The
Minister may at any time withdraw an authorization given under paragraph (1),
or vary the terms and conditions subject to which it was given, but without
prejudice to anything lawfully done pursuant thereto before such withdrawal or
variation takes effect.
9 Records
(1) The
person in charge of authorized quarantine premises shall adopt such system for
the identification of animals received at such premises, and shall keep such
records in relation to their receipt, treatment and subsequent release, or
death, and other matters, as may be required by the Minister, either generally
or in a particular case.
(2) Every
entry in such a record shall be made in a permanent and legible form within
36 hours of the event which is required by this Article to be recorded.
(3) Every
entry in such a record shall be retained by the person whose duty it is to keep
such records for a period of at least 12 months from such event, and shall
be produced by the person for inspection at all reasonable times on demand to
an inspector, who shall be entitled to take a copy of such entry.
10 Detention
of animals on board vessels in harbour
(1) The
person having charge or control of a vessel in a port in Jersey shall ensure
that a foreign animal which is on board that vessel –
(a) is at
all times restrained, and kept securely confined within a totally enclosed part
of the vessel from which it cannot escape;
(b) does
not come into contact with any other animal, or any contact animal, other than
an animal or contact animal with which it has been transported to Jersey; and
(c) is in
no circumstances permitted to land, unless the landing is –
(i) in accordance
with a licence granted under Article 2, or
(ii) is
otherwise permitted under Article 2.
(2) If
a foreign animal is lost from a vessel in a port in Jersey, the person having
charge or control of that vessel shall forthwith give notice of the loss to an
inspector, a police officer, or an officer of the Impôts.
(3) If
a foreign animal is involved in an incident whereby the rabies virus could, if
present in that animal, be transmitted to a human being, or to another animal
or a contact animal (other than an animal or contact animal with which it has
been transported to Jersey) the person for the time being in charge of the
foreign animal shall forthwith give notice of the incident to the Veterinary
Officer who, on receipt of such notice, may, if the Veterinary Officer thinks
fit, require (in the case of an animal which would otherwise not be permitted
to land under this Article) that the foreign animal shall not leave Jersey
until after it has undergone detention and isolation in quarantine, at such
premises, for such period (not exceeding 4 calendar months) and subject to
such conditions, as the Veterinary Officer may direct.
(4) No
person shall cause or permit a native animal or a native contact animal other
than –
(a) a dog
belonging to the States of Jersey Police Force or Agent of the Impôts
which is kept under the constant control of a trained handler while on board;
or
(b) an
animal or contact animal which is loaded on board a vessel in a port in Jersey
for exportation from Jersey on that vessel,
to go on board a vessel in
a port in Jersey on which there is a foreign animal.
(5) An
inspector or a police officer may seize, or cause to be seized –
(a) any
foreign animal in relation to which there has been a contravention of any
provision of this Article; and
(b) any
native animal or native contact animal in relation to which there has been a
contravention of paragraph (4).
(6) Where
an animal or contact animal has been seized under paragraph (5), an
inspector may, without prejudice to Article 12, or to any proceedings
arising in connection with such contravention or failure to comply –
(a) move
the animal or cause it to be moved to authorized quarantine premises for the purposes
of detention and isolation in quarantine for a period of 4 calendar
months, or for such shorter period as the inspector may direct; or
(b) in
the case of a foreign animal, export it from Jersey or cause it to be so
exported.
(7) The
owner of an animal shall be liable for the cost of the animal’s detention
and isolation in quarantine under paragraph (3) or of any action taken by
an inspector under paragraph (6).
(8) References
in this Article to an animal, other than to a foreign animal, include a pet
animal of a species listed in Part A of Annex I to the Community
Regulation.[8]
(9) In
this Article –
“foreign animal”
means an animal which has, within the preceding 4 calendar months, been in
a place outside the British Islands or the Republic of Ireland;
“native
animal” means an animal which has at no time within the preceding 4 months
been in a place outside the British Islands or the Republic of Ireland;
“native contact
animal” means a contact animal which is ashore in Jersey, whether or not
it has been landed from a vessel.
11 Action
in case of illegal landing or breach of quarantine
(1) An
inspector or a police officer may seize, or cause to be seized –
(a) any
animal which is required to be detained and isolated in quarantine under this Order,
or under a licence granted or notice served hereunder, and which has not been
so detained or isolated; or
(b) any
animal which there is reason to believe has been landed in Jersey in
contravention of this Order, or of a licence granted under this Order.
(2) Subject
to paragraph (3), where an animal has been seized under paragraph (1),
an inspector may, without prejudice to Article 12, or to any proceedings
arising from any such default or contravention –
(a) move
the animal, or cause it to be moved, to authorized quarantine premises for purposes
of detention and isolation in quarantine for a period of 4 calendar
months, or for such shorter period as the inspector may direct; or
(b) export
it from Jersey, or cause it to be exported.
(3) Nothing
in this Article shall affect the powers of the officers of the Impôts to
seize or detain as liable to forfeiture under the Customs and Excise
(Jersey) Law 1999 an animal which is landed in Jersey in contravention
of this Order or of a licence granted hereunder, or to institute legal
proceedings under that Law in respect of such contravention.
(4) The
owner of an animal shall be liable for the cost of any action taken by an
inspector under paragraph (2).
12 Power
to destroy imported animals
The Minister may cause to
be destroyed any animal landed in Jersey in contravention of this Order, or of
a licence granted hereunder, or any animal in respect of which there is, after
it has been landed, a contravention of any such licence, and may recover any
expenses reasonably incurred in so doing from the owner of the animal on demand
as a civil debt.
13 Contact
animals
(1) Except
as otherwise provided in this Order, where an animal or contact animal comes
into contact with an animal –
(a) which
is being or should be detained and isolated in quarantine under this Order or
under the Pet
Travel Scheme (Jersey) Regulations 2011, or which has escaped from
such detention and isolation;
(b) which
is awaiting exportation from a port or airport in Jersey;
(c) which
is on board a vessel in a port in Jersey in circumstances to which Article 10
applies; or
(d) which
has been, or is suspected of having been, landed in Jersey in contravention of
this Order, or of a licence granted hereunder,
an inspector or a police
officer may seize the animal or contact animal, or cause it to be seized, and,
where an animal or contact animal has been so seized, the inspector may treat it
according to such of the provisions of this Order as the inspector thinks fit.
(2) An
inspector or a police officer shall have powers to carry out all checks,
searches and examinations that may be necessary or expedient including in
particular, requiring the production of any document or record and copying any
document or record for the purpose of ascertaining whether an animal falls
within any sub-paragraph of paragraph (1) and for exercising any powers
under that paragraph.
14 General
powers to stop and search
(1) An
inspector shall, on producing if required to do so, a duly authenticated
document showing the person’s authority, have a right at all reasonable
hours (including the time of an animal’s landing in Jersey) to –
(a) enter
any land or premises;
(b) stop
any person or vehicle,
for the purpose of
administering and enforcing this Order.
(2) A
person searching a person under this Order shall not be entitled to require a
person to remove any of his or her clothing other than an outer coat, jacket,
headgear, gloves and footwear.
(3) A
search of a person under this Order must be carried out by someone of the same
sex.
(4) In
this Order “premises” includes any vessel, boat, aircraft or
vehicle of any other description but does not include premises used exclusively
as a dwelling house.
15 Offences
and penalties
Any person who
contravenes any provision of this Order or any licence under this Order shall
be guilty of an offence and liable to imprisonment for a term of 12 months
and a fine.
16 Revocation of Rabies
(Importation of Dogs, Cats and other Mammals) (Jersey) Order 1976
The Rabies (Importation
of Dogs, Cats and other Mammals) (Jersey) Order 1976 is revoked.
17 Saving
Notwithstanding Article 16,
any licence granted under the Rabies (Importation of Dogs, Cats and other
Mammals) (Jersey) Order 1976 shall be deemed to granted under this Order
and anything done under that Order, including any approval or authorization,
shall be treated as if it were done under this Order.
18 Citation
This Order may be cited as the Diseases of Animals (Rabies)
(Importation of Mammals) (Jersey) Order 2011.