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PART 8General measures on suspicion or confirmation of avian influenza

Cleansing, disinfection and treatment

65.—(1) Any person who is required under this Order to cleanse, disinfect or treat any premises (other than regulated places) or any thing (including any vehicle under the control of that person) on those premises must do so in accordance with Schedule 3.

(2) Any person who is required under this Order to cleanse, disinfect or treat regulated places, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with a veterinary inspector’s instructions.

(3) A veterinary inspector may, by notice to the occupier of premises referred to in paragraph (1), provide that part of the premises the subject of that notice and which would otherwise be subject to the requirements of Schedule 3, are subject instead to the requirements of paragraph (2).

(4) Any person who is required to disinfect under this Order must–

(a)use disinfectants authorised by the Scottish Ministers under the Diseases of Animals (Approved Disinfectants) Order 1978(1);

(b)use them at the concentrations approved under that Order; and

(c)use them in accordance with manufacturer’s instructions (if any), or, if a veterinary inspector has instructed otherwise, in accordance with the instructions of the veterinary inspector.

(5) A veterinary inspector must, by notice to the occupier of any premises or to the owner or driver of any vehicle, require the destruction of any thing which may be contaminated with avian influenza virus and which the veterinary inspector considers cannot be cleansed, disinfected or treated.

(6) A veterinary inspector may, by notice to the occupier of any premises where avian influenza has been confirmed–

(a)prohibit the keeping of poultry or other captive birds on the premises or on any part of the premises where the veterinary inspector believes avian influenza virus may still exist; and

(b)prohibit the entry of any person, vehicle, poultry, other captive bird, mammal or thing onto any premises or part of premises which the veterinary inspector believes cannot be cleansed and disinfected.

(7) A veterinary inspector must not revoke a notice served under paragraph (6) unless–

(a)at least a year has passed since the date the notice was served; or

(b)(in the case of fields on the premises or of any other part of the premises which is not a building or part of a building), the Chief Veterinary Officer (Scotland) has confirmed that the occupier may do so.

(1)

S.I. 1978/32, amended by S.I. 2005/1908; there are other amending instruments but none is relevant.