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

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Measures to reduce the risk of the transmission of avian influenza

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6.—(1) If the Scottish Ministers consider it necessary (having carried out a risk assessment) to reduce the risk of the transmission of avian influenza to poultry or other captive birds in Scotland from wild birds or from any other source, they must do one or more of the following–

(a)declare an avian influenza prevention zone in all or part of Scotland;

(b)serve a restrictions notice on the occupier of any premises where poultry, other captive birds or any specified categories of poultry or captive birds are kept;

(c)ban the collection of poultry or other captive birds at any fair, market, show, exhibition, race or other gathering, unless the gathering is licensed by a veterinary inspector.

(2) The Scottish Ministers must, in a declaration of an avian influenza prevention zone or in a restrictions notice, impose such restrictions and requirements as they consider necessary to reduce the risk of transmission of avian influenza and must consider, in particular, the measures necessary–

(a)to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;

(b)to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus;

(c)to reduce the risk of the spread of avian influenza between premises.

(3) The Scottish Ministers' powers under paragraph (2) include powers–

(a)to require poultry and other captive birds to be housed or otherwise kept separate from wild birds;

(b)to require that poultry and other captive birds are provided with feed and water to which wild birds have no access or which has been treated to render any avian influenza virus inactive;

(c)to prohibit the use of birds of the orders Anseriformes (including ducks, geese and swans) and Charadriiformes (including gulls, murres, terns, avocets, puffins, woodcock, oystercatchers, sandpipers, plovers, surfbirds, snipes and skimmers) as decoys during bird-hunting;

(d)to require keepers of poultry and other captive birds and others who come into contact with such birds to cleanse and disinfect their footwear and take such other biosecurity measures as a veterinary inspector may require.

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