The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

Measures applicable in a wild bird control area or wild bird monitoring area

8.—(1) The measures in Schedule 1 apply in respect of a wild bird control area, including movements from that area.

(2) The measures in Schedule 2 apply in respect of a wild bird monitoring area, including movements from that area.

(3) The biosecurity measures in Schedule 3 apply in respect of a wild bird control area and a wild bird monitoring area.

(4) Where the conditions in paragraph (5) are fulfilled, the Scottish Ministers may–

(a) amend the declaration of the wild bird control area to disapply any of the measures listed at paragraphs 1 to 16 of Schedule 1; and

(b) amend the declaration of the wild bird monitoring area to disapply any of the measures listed in Schedule 2.

(5) The conditions are–

(a) a risk assessment indicates that the disapplication of the measure in that wild bird control area or wild bird monitoring area would not endanger disease control;

(b) there has been no outbreak of H5N1 in poultry or other captive birds in either of those areas;

(c) the wild bird control area or the wild bird monitoring area (as the case may be) has been established for at least 21 days; and

(d) the Scottish Ministers do not suspect that there is avian influenza in poultry or other captive birds within either of those areas.

(6) When carrying out a risk assessment under paragraph (5)(a) the Scottish Ministers must take account of the factors listed in article 6(3).

(7) Paragraph (4)(b) does not apply in relation to the measures in paragraphs 4 and 6 of Schedule 2 where the Scottish Ministers have amended the declaration of a wild bird control area so that it has become part of the wild bird monitoring area before 21 days have elapsed from the date the sample was collected from the wild bird or carcase in accordance with article 12(1)(a).

(8) Paragraph (9) applies if–

(a) at the time of its establishment, a wild bird control area or a wild bird monitoring area centred on the same outbreak point overlaps with a surveillance zone declared under article 26 of the Avian Influenza Order;

(b) that surveillance zone is subsequently ended by a declaration; and

(c) a risk assessment indicates that the disapplication in that wild bird control area of the measure or the article referred to in paragraph (9) would not endanger disease control.

(9) The Scottish Ministers may amend the declaration of the wild bird control area so that–

(a) any of the measures listed in Schedule 1; or

(b) article 11,

do not apply in respect of that wild bird control area.