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There are currently no known outstanding effects for the The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006, SCHEDULE 5.
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Articles 29, 30, 31, 32, 33
1. The occupier of any premises must make a record of–
(a)the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);
(b)the date of the visit;
(c)whether the person had any contact with poultry or other captive birds on the premises.
2. The occupier of any such premises must keep a record of all poultry entering or leaving those premises.S
3. Every person who is engaged in the transport or marketing of poultry or poultry eggs must keep a record of all poultry and poultry eggs transported or marketed by that person.S
4. The records referred to in paragraphs (2) and (3) must include–S
(a)the quantity and description (including species of poultry and type of egg) transported or marketed;
(b)in the case of movement from premises–
(i)the date of the movement off the premises;
(ii)the premises of destination (if known);
(iii)the name and address of the person to whom ownership or possession is being or has been transferred;
(c)in the case of movement onto premises–
(i)the date of the movement on to the premises;
(ii)the premises from which the movement originated (if known);
(iii)the name and address of the person from whom ownership or possession is being or has been transferred;
(d)in the case of marketing without an associated movement, the name and address of the person to whom and the date on which ownership was transferred;
(e)the identity and address of any such person.
5. Paragraphs 1 and 3 do not apply to–S
(a)the retail distribution of eggs and movements subsequent to such distribution; or
(b)the movement of people to zoos, wildlife parks or (unless required by the Scottish Ministers) any other premises open to the public, provided the public has no access to any area where birds are kept.
6. The occupier of any premises in the surveillance zone must maintain the following records–S
(a)the number or approximate number of poultry (if any) on the premises;
(b)the number of poultry falling ill on the premises;
(c)the number of poultry dying on the premises;
(d)the amount of feed and, where possible, water being consumed by any poultry on the premises;
(e)any egg production on the premises.
7.—(1) No person shall move poultry, other captive birds or mammals of domestic species from or to premises within the surveillance zone, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
(2) Sub-paragraph (1) does not apply to pet mammals which–
(a)only have access to a part of the premises where people live;
(b)have no contact with poultry or other captive birds on the premises; and
(c)have no access to any cages or areas on the premises where poultry or other captive birds are kept.
8. The occupier and any person entering or leaving premises where poultry, other captive birds or eggs are kept must–
(a)take appropriate biosecurity measures to reduce the risk of the spread of avian influenza to or from the premises; and
(b)comply with any biosecurity requirements which a veterinary inspector, by notice, imposes.
9. No person shall remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed to do so by a veterinary inspector.
10. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering.
11. No person shall release game birds.
12. No person shall move any poultry or eggs [F1into or] within the surveillance zone (other than through the zone by road or rail without stopping), unless licensed to do so by a veterinary inspector.
Textual Amendments
F1Words in sch. 5 para. 12 inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(19)(a)
13. Paragraph 12 does not apply to the retail distribution of eggs and movements subsequent to such distributionS
14. A veterinary inspector must not grant a licence under paragraph 12 unless satisfied that the licensee will take appropriate biosecurity measures at the premises and the taking of these measures must be conditions of the licence.S
15. A veterinary inspector may license the transport of poultry from outside the protection and surveillance zones to a designated slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.S
16. No person shall move any poultry [F3, carcases] or eggs out of the surveillance zone, unless the movement is one of the following and is licensed by a veterinary inspector–
(a)poultry for slaughter (if the requirements of paragraph 18 and any additional licence conditions are met);
(b)day-old chicks hatched from eggs originating within the surveillance zone (if the requirements of paragraph 19 and any additional licence conditions are met);
(c)day-old chicks hatched from eggs originating outside the protection and surveillance zones (if the requirements of paragraph 20 and any additional licence conditions are met);
(d)ready-to-lay poultry [F4or brood-and-move poultry] to premises, or part of premises, where no poultry are kept if any licence conditions are met;
(e)hatching eggs from the zone–
(i)to a designated hatchery; or
(ii)to a designated laboratory or institute for use for scientific, diagnostic or pharmaceutical purposes,
(if the requirements of paragraph 21 and any additional licence conditions are met);
(f)eggs to a designated packing centre (if the requirements of paragraph 22 and any additional licence conditions are met);
(g)eggs to premises for the manufacture of egg products (if the requirements of paragraph 23 and any additional licence conditions are met);
(h)eggs for disposal if any licence conditions are met.
[F5(i)poultry to a location where veterinary assistance of animals takes place for treatment or return to the premises of origin following such a movement,
(j)carcases for disposal or diagnosis if any licence conditions are met.]
Textual Amendments
F2Word in sch. 5 para. 16 heading inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(19)(b)(i)
F3Word in sch. 5 para. 16 inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(19)(b)(ii)
F4Words in sch. 5 para. 16(d) inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(19)(b)(iii)
17. Paragraph 16 does not apply to the retail distribution of eggs and movements subsequent to such distribution.S
[F618. Poultry must not be moved to a designated slaughterhouse unless—
(a)a veterinary inspector has clinically inspected poultry at the premises no more than 24 hours before the poultry leaves the premises, and
(b)where the movement is within Great Britain, the appropriate Minister responsible for the designated slaughterhouse has authorised the movement of that poultry.]
Textual Amendments
19. Day-old chicks must not be moved unless any biosecurity measures laid down by a veterinary inspector are complied with.
20. Day-old chicks hatched from eggs originating outside the protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day old chicks from within the zone.
21. Hatching eggs must not be moved from the zone to any hatchery, laboratory or institute unless the eggs and their packaging are disinfected before they leave the premises.
22. Table eggs must not be transported to a designated packing centre unless–
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)any person transporting the eggs complies with any biosecurity measures laid down by a veterinary inspector.
Textual Amendments
F7Sch. 5 para. 22(a) omitted (4.12.2021) by virtue of The Avian Influenza (H5N1 in Birds etc.) (Miscellaneous Amendment and Revocation) (Scotland) Order 2021 (S.S.I. 2021/444), arts. 1(1), 2(4)
23. Eggs must not be transported to premises for the manufacture of egg products except in accordance with Chapter XI of Annex II to Regulation (EC) No. 852/2004.
24. A person who transports any poultry, other captive bird, carcase, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded in accordance with article 65.
25. A person who enters or leaves premises by vehicle must, without delay, cleanse and disinfect any part of the vehicle which may have been contaminated in accordance with article 65.S
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