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

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Veterinary investigations

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81.—(1) A veterinary inspector (and an inspector acting in accordance with a veterinary inspector’s instructions) may enter any premises on which a veterinary inquiry, clinical examination, survey or other investigation into the presence or spread of avian influenza is required under this Order.

(2) A person who enters premises under this Order or under section 63, 64 or 64A of the Act for the purposes of an investigation into the presence or spread of avian influenza or influenza of avian origin must carry out such examinations and tests and take such samples (including live birds, live mammals and carcases) as that person considers necessary and may–

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

(b)count birds and mammals.

(3) If the person carrying out an investigation suspects that avian influenza exists or has existed on the premises, that person must seek to establish–

(a)the length of time avian influenza may have existed on the premises or on any vehicle;

(b)the possible origin of avian influenza on the premises;

(c)which premises may have been exposed to contamination by avian influenza from the same origin or from the premises under investigation; and

(d)the extent to which avian influenza may have been carried to or from the premises under investigation by the movement of birds, people, animals, vehicles, eggs, meat, carcases, implements or any other thing.

(4) A person who enters premises for the purposes of surveillance under article 7 may re-enter the premises to investigate any inconclusive findings of the survey.

(5) The occupier of the premises under investigation and any person appearing to the person carrying out the investigation to have charge of birds or mammals on the premises must provide such assistance as the person carrying out the inquiry may reasonably require.

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

(7) Any person who carries out an investigation under this Order must keep a record of the dates on which that person visits premises, of that person’s findings at the premises, and of any action the person has required the occupier of the premises to take.

(8) The Scottish Ministers must take account of the results of veterinary inquiries when deciding what requirements and restrictions to impose under this Order.

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