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The Avian Influenza (H5N1 in Wild Birds) (Scotland) Amendment Order 2006

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Amendments to the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2006

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11.  After article 17 insert–

Designation of premises which may receive poultry or poultry products

17A.  

(1) The occupier of the following premises may apply in writing to the Scottish Ministers to be designated for the following purposes–

(a)a slaughterhouse for the purposes of receiving poultry moved under a licence granted under this Order;

(b)a hatchery for the purpose of receiving eggs moved under a licence granted under this Order;

(c)a laboratory or an institute for the purpose of receiving eggs moved under a licence granted under this Order for use for scientific, diagnostic or pharmaceutical purposes;

(d)a plant approved in accordance with Chapter III or Chapter IV of Regulation (EC) No. 1774/2002(1)for the purpose of receiving animal by-products for treatment or incineration in accordance with this Order.

(2) The Scottish Ministers must not make such a designation unless they are satisfied that the premises are so constructed and operated that the risk of the transmission of avian influenza from them is minimal.

(3) The following premises are deemed to be designated under paragraph 1(c), unless the Scottish Ministers direct otherwise by notice to the occupier of the premises–

(a)premises licensed to manufacture or assemble human vaccines under section 8 of the Medicines Act 1968(2);

(b)premises authorised to manufacture animal vaccines under regulation 5 of the Veterinary Medicines Regulations 2005(3);

(c)premises licensed under sections 4 or 5 of the Animals (Scientific Procedures) Act 1986(4); and

(d)premises licensed under article 4 of the Specified Animal Pathogens Order 1998(5).

Powers of entry to take tests and samples

17B.  

(1) A veterinary inspector who enters any land, building or other place in exercise of the inspector’s power under section 63 or 64 of the Act may–

(a)mark, or cause to be marked, for identification purposes any bird, carcase or other thing;

(b)make such inquiries of any person as the inspector considers necessary; and

(c)be accompanied by such person or thing as the inspector considers necessary for the execution of the inspector’s functions under sub-paragraphs (a) or (b).

(2) No person shall deface, obliterate or remove any mark applied under paragraph (1)(a), except with the written authority of a veterinary inspector.

(3) The occupier of the premises under investigation must provide such assistance or information as the veterinary inspector may reasonably require..

(1)

O.J. No. L 273, 10.10.02, p.1.

(3)

S.I. 2005/2745.

(5)

S.I. 1998/463.

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