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

PART 1 S Introduction

Citation, commencement and extent S

1.—(1) This Order may be cited as the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006, and comes into force on 1st July 2006.

(2) This Order extends to Scotland only.

Interpretation S

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 [F9 the 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” [F12 means 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 [F18 control] post or a laboratory authorised by the Scottish Ministers to hold avian influenza virus under [F19 the 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

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

F6 Words 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)

F7 Words 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)

F8 Words 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)

F9 Words 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)

F10 Words 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)

F11 Words 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)

F12 Words in art. 2 substituted (28.3.2019) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(a), 4(2)(c)

F13 Words 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)(g)

F14 Words in art. 2 omitted (19.12.2023) by virtue of The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(2)(h)

F15 Words in art. 2 substituted (19.12.2008) by The Eggs and Chicks (Scotland) (No. 2) Regulations 2008 (S.S.I. 2008/395), regs. 1(2), 23, sch. 3 para. 4

F16 Words in art. 2 inserted (28.3.2019) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(a), 4(2)(d)

F17 Words 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)(i)

F18 Word 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)(j)

F19 Words 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)(c)

F20 Words 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)(k)

Marginal Citations

M1 1994 c. 39.

M2 S.S.I. 2006/337.

Scope of the Act and of this Order S

3.—(1) For the purposes of the Act in its application to avian influenza and this Order, the definition of “poultry” in section 87(4) of the Act is extended to include all birds.

(2) For the purposes of the Act in its application to avian influenza and influenza virus of avian origin, and this Order, the definition of “disease” in section 88(1) of the Act is extended to include any infection in mammals caused by influenza virus of avian origin.

(3) Section 32 of the Act applies to any infection in mammals caused by influenza virus of avian origin.

(4) In the application of the Act to avian influenza and influenza virus of avian origin, the definition of “animals” in section 87(1) of the Act is extended to include all mammals, except man.

(5) This Order does not apply to anything done on any premises in accordance with a licence under [F21 the Specified Animal Pathogens (Scotland) Order 2009].

Textual Amendments

F21 Words in art. 3(5) 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(3)

Declarations, licences, notices and designations under this Order S

4.—(1) Declarations under this Order–

[F22 (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

F22 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)

Controlled zones S

5.—(1) Subject to paragraph (2), premises which are only partly in a controlled zone are deemed to be wholly within the controlled zone.

(2) Premises in any controlled zone which are partly in one zone and partly in another are deemed to be wholly in the zone furthest up the following list–

(a) protection zone;

(b) surveillance zone;

(c) restricted zone;

(d) temporary control zone;

(e) temporary movement restriction zone;

(f) low pathogenic avian influenza restricted zone;

(g) avian influenza prevention zone.

(3) Every controlled zone (other than an avian influenza prevention zone) is an infected area for the purposes of the Act.