The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

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InterpretationS

This section has no associated Executive Note

2. In this Order–

“the Act” means the Animal Health Act 1981;

[F1“the appropriate Minister” means—

(i)

in relation to England, the Secretary of State,

(ii)

in relation to Scotland, the Scottish Ministers,

(iii)

in relation to Wales, the Welsh Ministers;]

[F2“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about—

(a)

birds or carcases infected with avian influenza or suspected of being infected with avian influenza,

(b)

mammals or mammal carcases in which—

(i)

the presence of influenza of avian origin is suspected, or

(ii)

evidence of antibodies to influenza virus of avian origin is detected;]

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six-week old chickens greater than 1.2;

“avian influenza prevention zone” means an area declared to be an avian influenza prevention zone under article 6(1)(a);

“avian influenza (restrictions on mammals) zone” means an avian influenza (restrictions on mammals) zone declared under article 60;

[F3“border control post” means a place (together with the facilities at that place) designated by the Scottish Ministers in accordance with Article 59 of the Official Controls Regulation for the purpose of official controls as specified in Article 47(1) of that Regulation;]

[F4“brood-and-move poultry” means poultry that have been, are being or are to be moved for the purposes of growing or fattening to premises other than those where they were reared;]

[F5“carcase” means, except in the expression “mammal carcase”, the carcase of any bird and includes any part of a carcase;]

F6...

“commercial poultry premises” means commercial premises where poultry are kept;

“commercial premises” means premises where poultry or other captive birds are kept for commercial purposes and does not include premises where all poultry and their eggs are kept by their owners for their own consumption or use or, in the case of poultry, as pets;

F7...

“contact premises” has the meaning given in article 24;

“controlled zone” means a protection zone, a surveillance zone, a restricted zone, a temporary movement restriction zone, a temporary control zone, a low pathogenic avian influenza restricted zone , an avian influenza prevention zone or an avian influenza (restrictions on mammals) zone;

“day-old chick” means all poultry less than 72 hours old which have not yet fed and muscovy ducks (Cairina moschata) and their crosses less than 72 hours old, whether or not fed;

“designated” means designated by the Scottish Ministers in accordance with article 70;

F8...

“dispose” means treat in accordance with [F9the Animal By-Products (Enforcement) (Scotland) Regulations 2013] or as a veterinary inspector otherwise directs;

[F10“game birds” means any birds reared or kept in captivity prior to release for sporting purposes;]

F11...

“hatchery” [F12means an establishment for incubating eggs, hatching and supplying chicks];

“highly pathogenic avian influenza” means an infection of poultry or other captive birds caused by–

(a)

avian influenza viruses of the subtypes H5 or H7 with genome sequences codifying for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other highly pathogenic avian influenza viruses, indicating that the haemagglutinin molecule can be cleaved by a host ubiquitous protease; or

(b)

avian influenza viruses with an intravenous pathogenicity index in six-week old chickens greater than 1.2;

“infected premises” means premises declared to be infected under article 19;

“inspector” means an inspector appointed by the Scottish Ministers or a local authority to be an inspector under the Act, and includes a veterinary inspector;

“keeper” means any person responsible for birds or animals, whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1;

“low pathogenic avian influenza” means an infection of poultry or other captive birds caused by avian influenza viruses of subtypes H5 or H7 other than avian influenza viruses of subtypes H5 or H7 which cause highly pathogenic avian influenza;

“low pathogenic avian influenza restricted zone” means an area declared to be a low pathogenic avian influenza restricted zone under article 53;

“mammal” means any mammal, except man;

[F13“mammal carcase” means the carcase of any mammal and includes any part of a mammal carcase;]

“non-commercial premises” means premises where poultry or other captive birds are kept F14... as pets;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept for shows, races, exhibitions, competitions, breeding or for sale;

[F15“packing centre” has the same meaning as in sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs] [F16, as last amended by Commission Delegated Regulation (EU) 2017/2168];

“poultry” means a bird reared or kept in captivity for the production of meat or eggs for consumption, or of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“premises” includes any land, place of business or other place where poultry or other captive birds are kept;

“prohibition notice” has the meaning given in article 33(4);

“protection zone” means an area declared to be a protection zone under article 26;

“quarantine centre” means premises where birds are isolated to prevent the spread of disease following importation from another country;

“racing pigeon” means any pigeon transported or intended for transport from its pigeon house so that it may be released and freely fly back there or to another destination;

[F17“ready to lay poultry” means birds which are intended for use as productive egg layers, and for these purposes includes both female and male birds;]

“regulated place” means a slaughterhouse, quarantine centre or border [F18control] post or a laboratory authorised by the Scottish Ministers to hold avian influenza virus under [F19the Specified Animal Pathogens (Scotland) Order 2009] or in connection with monitoring and diagnosis of avian influenza or influenza of avian origin in mammals;

“the Regulations” means the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 M2;

“restricted zone” means an area declared to be a restricted zone under article 26(5);

“restrictions notice” means a notice served under article 6(1)(b);

“slaughterhouse” means an establishment used for slaughtering and dressing poultry, the meat of which is intended for human consumption;

[F20“special category premises” means—

(a)

non-commercial premises,

(b)

circuses,

(c)

zoos,

(d)

pet shops,

(e)

wildlife parks,

(f)

fenced areas where poultry or other captive birds are kept for scientific purposes or for purposes related to the conservation of protected or endangered species,

(g)

premises or parts of premises where only breeds of poultry or other captive birds which require to be registered under section 7 of the Wildlife and Countryside Act 1981 or which the Scottish Ministers consider to be rare are kept,

(h)

locations where veterinary assistance of animals takes place,

(i)

premises keeping up to 50 other captive birds which do not have direct or indirect contact with—

(i)

poultry; or

(ii)

other premises keeping captive birds;]

“surveillance zone” means an area declared to be a surveillance zone under article 26;

“suspect premises” means any premises in respect of which an inspector has served a notice under article 10(1) which has neither been revoked, nor superseded by a declaration under article 19 or 45;

“temporary control zone” means a temporary control zone declared under article 13(c);

“temporary movement restriction zone” means a temporary movement control zone declared under article 13(a);

“unregulated period of infection” has the meaning given in article 21(3);

“vehicle” includes any means of transport and includes–

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b)

a detachable part of any vehicle;

(c)

a container or other structure designed or adapted to be carried on a vehicle; and

“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary register, kept under the Veterinary Surgeons Act 1966 (c. 36).

Textual Amendments

F1Words in art. 2 inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(a)

F2Words in art. 2 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(b)

F3Words in art. 2 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(c)

F4Words in art. 2 inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(d)

F5Words in art. 2 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(e)

F6Words in art. 2 omitted (28.6.2013) by virtue of The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 19(2)(a)

F7Words in art. 2 omitted (28.3.2019) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(a), 4(2)(a)

F8Words in art. 2 omitted (28.3.2019) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(a), 4(2)(b)

F9Words in art. 2 substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 27(2)(b)

F10Words in art. 2 inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(f)

F11Words in art. 2 omitted (28.6.2013) by virtue of The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 19(2)(b)