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

Declarations, licences, notices and designations under this Order S

4.—(1) Declarations under this Order–

[F1 (za) may be made by a member of staff of the Scottish Ministers,]

(a) must be in writing;

(b) may be amended or revoked, by further declaration in writing, at any time;

(c) must designate the extent of any controlled zone being declared;

(d) must list or refer to the measures which apply in such a zone and state whether they apply in all or part of the zone; and

(e) must state to which categories of bird or mammal measures apply.

(2) Licences granted under this Order–

(a) must be in writing;

(b) may be general or specific;

(c) may, in addition to any conditions required by this Order, be made subject to such conditions as the Scottish Ministers consider necessary to control avian influenza; and

(d) may be amended, suspended or revoked, in writing, at any time.

(3) Notices under this Order–

(a) may be amended or revoked, by further notice at any time;

(b) shall specify whether they apply to all or part of the premises;

(c) must, if they apply to part of premises, specify to which part they apply.

(4) Designations under this Order–

(a) must be in writing;

(b) may be made subject to such conditions as the Scottish Ministers consider necessary to control avian influenza;

(c) may be amended, suspended or revoked, in writing, at any time.

(5) The Scottish Ministers must take such steps as they consider fit to ensure that declarations, licences and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

(6) The Scottish Ministers must, in particular, ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and revocation are publicised.

(7) Except as otherwise directed by the Scottish Ministers–

(a) licences granted in England, Wales or Northern Ireland for activities which could be licensed in Scotland under this Order have effect in Scotland as if they were licences granted under this Order; and

(b) premises in England, Wales and Northern Ireland designated respectively by the Secretary of State, the National Assembly or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the Scottish Ministers for the purposes of this Order.

(8) A person moving anything under the authority of a specific licence granted under this Order must–

(a) keep the licence with that person at all times during the licensed movement;

(b) on demand made by an inspector or other officer of the Scottish Ministers or by an inspector of a local authority, produce the licence and allow a copy or extract to be taken; and

(c) on such demand, furnish that person's name and address.

(9) A person moving anything under the authority of a general licence granted under this Order must, at all times during the licensed movement–

(a) carry a consignment note which contains details of the movement, including the name and location of the originating premises, the place of destination and the nature of the consignment;

(b) produce it to an inspector or other officer of the Scottish Ministers on demand and allow a copy or extract to be taken; and

(c) on such demand, furnish that person's name and address.

Textual Amendments

F1 Art. 4(1)(za) 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(3)