Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 5Measures on suspicion or confirmation of highly pathogenic avian influenza in regulated places and vehicles

Veterinary measures at slaughterhouses

35.—(1) The Scottish Ministers must, if they suspect that highly pathogenic avian influenza exists at any slaughterhouse or have confirmed that it exists there–

(a)serve a notice on the occupier of the slaughterhouse informing the occupier; and

(b)ensure that a veterinary inquiry is carried out at the slaughterhouse.

(2) No person shall move poultry from any slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed.

Veterinary measures where avian influenza is suspected or confirmed in vehicles

36.—(1) The Scottish Ministers must, if they suspect that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists in any vehicle or have confirmed that it exists there–

(a)serve a notice on the person in charge of the vehicle informing that person; and

(b)ensure that a veterinary inquiry is carried out in relation to the vehicle.

(2) An inspector who knows or suspects that any poultry or other captive birds in transit are infected or contaminated with avian influenza may serve a notice on the keeper of the bird–

(a)directing movement of the bird to such premises as the inspector thinks fit; and

(b)requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(3) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Killing of birds in slaughterhouses

37.  The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed must ensure that all poultry present on the premises at the date a notice is served on that person under article 36(1) are killed there under paragraph 5 of Schedule 3 to the Act without delay and in accordance with a veterinary inspector’s instructions.

Poultry meat and by-products in slaughterhouses where disease is suspected or confirmed

38.—(1) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must, in accordance with a veterinary inspector’s instructions–

(a)keep poultry referred to in article 37 separate from any other poultry arriving at the slaughterhouse; and

(b)keep the following separate from other carcases, poultry meat and by-products–

(i)carcases and poultry meat from poultry referred to in article 37;

(ii)the by-products of such poultry;

(iii)poultry meat from any other poultry which may have been contaminated at the slaughterhouse during the killing of such poultry or the production process;

(iv)the by-products of the poultry referred to in sub-paragraph (iii).

(2) Paragraph (1) applies to poultry moved to a slaughterhouse–

(a)from a border inspection post under article 39(2), as if references to article 37 were to that article; and

(b)on a vehicle under article 40, as if references to article 37 were to that article.

(3) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must, in accordance the Scottish Minister’s instructions, dispose of the things set out in sub-paragraphs (1)(b)(i) to (iv) (both inclusive) or assist a veterinary inspector in removing those things from the premises.

Measures at border inspection posts

39.—(1) The Scottish Ministers must if they consider it necessary to reduce the risk of the spread of disease–

(a)require a veterinary inquiry to be carried out at a border inspection post where avian influenza is suspected or has been confirmed; and

(b)impose (by notice to the occupier of the border inspection post) some or all of the measures set out in Schedule 1.

(2) The Scottish Ministers must, by notice to the occupier of the border inspection post direct where birds specified in the notice are to be killed, slaughtered or isolated.

(3) The Scottish Ministers must ensure that poultry and other captive birds at border inspection posts which are to be killed under paragraph 5 of Schedule 3 to the Act or the Regulations are killed or slaughtered without delay.

(4) The Scottish Ministers must ensure that poultry and other captive birds which are not to be so killed or slaughtered are kept isolated in accordance with a veterinary inspector’s instructions.

Measures if avian influenza is suspected or confirmed in a vehicle

40.  The Scottish Ministers must, by notice to the owner or driver of any vehicle transporting birds which are suspected or confirmed as having highly pathogenic avian influenza, direct where birds specified in the notice are to be moved to be killed, slaughtered or isolated.

Disposal or removal of things which may be contaminated

41.  The occupier of a border inspection post or owner or driver of a vehicle where highly pathogenic avian influenza is confirmed must–

(a)dispose of such things which may be contaminated with avian influenza virus as a veterinary inspector, by notice, requires, in accordance with the notice;

(b)provide such assistance to a veterinary inspector in removing from the border inspection post or vehicle such things as the veterinary inspector may, by notice, reasonably require.

Cleansing and disinfection of regulated places and vehicles

42.—(1) The occupier of any regulated places where highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect those premises and any equipment and vehicles on those premises which may be contaminated in accordance with a veterinary inspector’s instructions.

(2) The owner or driver of any vehicle on which highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect the vehicle in accordance with a veterinary inspector’s instructions.

Reintroduction of poultry and other captive birds

43.—(1) No person shall reintroduce poultry to a slaughterhouse where highly pathogenic avian influenza was suspected or confirmed until 24 hours after the cleansing and disinfection referred to in article 42 has been carried out, and an inspector has confirmed that it has been carried out.

(2) No person shall reintroduce poultry or other captive birds to a border inspection post where highly pathogenic avian influenza was suspected or confirmed until 24 hours after the cleansing and disinfection referred to in article 42 has been carried out, and an inspector has confirmed that it has been carried out.

(3) The Scottish Ministers may, by notice to the occupier of such a border inspection post, and if they consider it necessary to reduce the risk of the spread of avian influenza, prohibit the introduction of animals other than birds onto the premises until 24 hours after such cleansing and disinfection has been carried out, and an inspector has confirmed that it has been carried out.

Measures at other premises

44.—(1) The Scottish Ministers must, if they suspect that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists at any slaughterhouse or in any vehicle or have confirmed that it exists there–

(a)apply the measures set out in Schedule 1 to the premises of origin;

(b)apply the measures set out in Schedule 1 to premises which they consider to be suspect premises (because of their epidemiological link with the premises of origin);

(c)apply the measures set out in Schedule 2 to the premises of origin, unless they are satisfied (having considered the results of veterinary inquiries) that this is not necessary.

(2) The Scottish Ministers must, if they suspect that highly pathogenic avian influenza exists at any border inspection post or have confirmed that it exists there, apply the measures set out in Schedule 1 to premises which they consider to be suspect premises (because of their epidemiological link with the border inspection post).

(3) The Scottish Ministers must apply measures under this article by notice to the occupier of the relevant premises.

(4) In this article, “premises of origin” means any premises from which poultry or other captive birds which may be infected were moved to the slaughterhouse or onto the vehicle.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources