The Avian Influenza (Survey Powers) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Commission Decision 2004/630/EC (O.J. No. L 287, 8.9.04, p.7 providing for surveys for avian influenza. These Regulations–

(a) provide that inspectors, on giving notice in writing, may carry out surveys on any premises where birds are or have been kept for the purposes of Commission Decision 2004/630/EC (regulation 3);

(b) give powers to inspectors to enter premises, make inquiries, examine records, examine birds and carcases, take samples and carry out laboratory tests (regulation 4);

(c) set out requirements for notices in writing (regulation 5);

(d) prescribe offences and penalties (regulation 6);

(e) provide for enforcement (regulation 7); and

(f) add a definition of avian influenza to the Diseases of Poultry (Scotland) Order 2003 (S.S.I. 2003/354) in line with the definition in these Regulations (regulation 8).

Where avian influenza is detected, the disease control measures set out in the Diseases of Poultry (Scotland) Order 2003 will be available.

A Regulatory Impact Assessment has not been prepared for these Regulations.