- Latest available (Revised)
- Original (As made)
The Avian Influenza (Preventive Measures) (Scotland) Regulations 2005
You are here:
- Scottish Statutory Instruments
- 2005 No. 530
- Explanatory Note
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made).
Explanatory Note
(This note is not part of the Regulations)
These Regulations give effect to Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (O.J. No. L 274, 20.10.2005, p.105), as amended by Commission Decision 2005/745/EC (O.J. No. L 279, 22.10.2005, p.79).
These Regulations require the Scottish Ministers to evaluate the risk of the transmission of avian influenza virus and to take appropriate measures to reduce that risk (regulation 4(1) and (2)).
Regulation 4(2) and (3) provides for the Scottish Ministers to declare avian influenza prevention zones or to serve notices on premises at risk and lists the measures which may be imposed in zones and premises. These include the housing of poultry and the feeding of poultry indoors.
Regulation 5 prohibits the holding of poultry gatherings of birds anywhere in Scotland unless they are licensed by a veterinary inspector after a risk assessment.
Regulation 6(1) requires keepers of 50 or more poultry on commercial poultry premises anywhere in Scotland to keep written records of their poultry and of other information, including whether poultry have access to the open air. Regulation 6(2) requires keepers to notify the Scottish Ministers of this information. The date by which they must do this will be specified in further Regulations. Regulation 7 allows the Scottish Ministers to require other keepers to provide some or all of this information if they consider this necessary.
Regulations 8 and 9 relate to the monitoring of premises and the powers of inspectors appointed by the Scottish Ministers and by local authorities. Regulation 10 provides for provisions in the Animal Health Act 1981 relating to enforcement and offences to apply to these Regulations. Regulation 11 provides default powers for inspectors in case of any breach of the Regulations.
A regulatory impact assessment has not been prepared in respect of these Regulations.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Explanatory Note only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Executive Note
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.