The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order applies in Scotland only and implements Commission Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC(1).

This Order provides that if the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that avian influenza of subtype H5 is present in a wild bird or wild bird carcase and that they suspects, or is of the opinion that, the neuraminidase type is N1, the Scottish Ministers must declare a wild bird protection zone and a wild bird surveillance zone (articles 8 and 9). Article 13 sets out the circumstances in which the Scottish Ministers may amend or revoke a declaration of a wild bird protection zone or a wild bird surveillance zone.

Schedule 1 sets out the measures that are to apply in a wild bird protection zone including measures relating to the movement and gathering of birds (Part 1), the movement of hatching eggs (Part 2), the movement of meat (Part 3), the movement of other poultry products (part 4) and the use or movement of litter or manure and the hunting of birds (Part 5). Schedule 2 set out the measures that are to apply in a wild bird surveillance zone including measures relating to the movement of poultry and other birds and hatching eggs, and prohibitions on poultry gatherings and the hunting of wild birds. Schedule 3 set out the biosecurity measures that are to apply in respect of premises where poultry or other captive birds are kept in a wild bird protection zone or a wild bird surveillance zone. Article 11 provides that the Scottish Ministers may impose additional measures.

The Scottish Ministers must ensure that veterinary inspectors inspect commercial premises in a wild bird protection zone or a wild bird surveillance zone to monitor the spread of avian influenza (article 12). Articles 17 to 20 set out the powers of inspectors to impose biosecurity measures (article 17), to take any person with them on to premises to enforce this Order (article 18) and powers to take steps in cases of default (article 19).

Article 20 provides that any direction under this Order must be complied with at the expense of the person to whom it is given. Article 21 requires a person to provide reasonable assistance to an inspector and article 22 provides that no person may furnish information that he knows to be false or misleading. Article 24 provides a defence to a person who fails to comply with any restriction or requirement imposed under this Order that he did not know of that restriction or requirement or could not with reasonable diligence have obtained knowledge of it.

This Order is enforced by the local authority (article 25).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A Regulatory Impact Assessment has not been prepared in respect of this Order.

(1)

O.J. No L 48, 18.02.06 p.28.