The Diseases of Poultry (Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order (read with the Animal Health Act 1981) further implements Council Directive 92/40/EEC introducing Community measures for the control of avian influenza (O.J. No. L 167, 22.6.92, p.1) and Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease (O.J. No. L 260, 5.9.92, p.1) (“the Directives”). The Directives were previously implemented by the Diseases of Poultry Order 1994 (“the 1994 Order”) and the Diseases of Poultry (Amendment) Order 1997, both revoked by this Order. This Order, like the Directives, now applies to ratites.

This Order also extends provisions in article 5A of the 1994 Order (relating to inspection powers and movement restrictions) to diseases of birds and to species of birds not covered by the Directives. These provisions are set out in article 7 of this Order.

Articles 1 to 3 of the Order contain introductory and interpretation provisions.

Article 4 provides for the notification of designated diseases and for the taking of precautionary measures when disease is suspected. Article 5 sets out restrictions which may apply if a designated disease is suspected or known to exist. Article 6 provides for veterinary inquiry into the existence of a designated disease. Article 7 sets out restrictions which apply where poultry or other birds are suspected of having been exposed to the risk of disease. Article 8 provides for veterinary inquiry as to the possible existence of disease. Article 9 provides for the measures to be taken where a designated disease is confirmed. The restrictions referred to in articles 4, 5 and 9 are set out in Schedule 1.

Article 10 sets out the duties of occupiers and persons in charge of premises served with a notice under the Order.

Article 11 provides for the declaration by the Scottish Ministers of an infected area where disease has been confirmed. The restrictions applicable in an infected area are set out in Schedule 2.

Article 12 allows the Scottish Ministers to require vaccination of poultry. Article 13 sets out restrictions applicable to racing pigeons. Article 14 contains provisions on cleansing and disinfection. Article 15 relates to the keeping of records and article 16 to licences and notices. Article 17 sets out the general powers of veterinary inspectors under the Order. Article 18 provides for the Order to be enforced generally by local authorities. Article 19 revokes the 1994 Order and the Diseases of Poultry (Amendment) Order 1997 insofar as they apply to Scotland.

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.