The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006

Declarations, notices and licences

3.—(1) Declarations made under these Regulations–

(a) must be in writing;

(b) may be amended or revoked, by further declaration in writing, at any time;

(c) must designate the extent of the vaccination zone being declared;

(d) must refer to the minimum measures which apply in the vaccination zone and state whether they apply in all or part of the zone;

(e) must state which categories of birds the measures apply to; and

(f) must state at whose expense the measures are to be carried out.

(2) Notices issued under these Regulations–

(a) must be in writing;

(b) may be amended or revoked, by further notice in writing, at any time;

(c) where service of the notice on the occupier of any premises results in any requirement or restriction in relation to those premises, shall contain a description of those premises sufficient to ascertain their extent;

(d) must refer to the minimum measures which apply to the premises;

(e) must state which categories of birds the measures apply to; and

(f) must state at whose expense the measures are to be carried out.

(3) Licences granted under these Regulations–

(a) must be in writing;

(b) may be general or specific;

(c) may, in addition to any conditions required by these Regulations, be made subject to such conditions as the Scottish Ministers consider necessary to control disease; and

(d) may be amended, suspended or revoked, in writing, at any time.

(4) The Scottish Ministers must take such steps as they consider fit to ensure that declarations, notices and licences are brought to the attention of those who may be affected by them as soon as is reasonably practicable and, in particular, must ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

(5) Except as otherwise directed by the Scottish Ministers, licences granted in England, Wales or Northern Ireland for activities which could be licensed in Scotland under these Regulations have effect in Scotland as if they were licences granted under these Regulations.

(6) A person moving anything under the authority of a specific licence issued under these Regulations must–

(a) keep the licence with them at all times during the licensed movement;

(b) on demand made by an inspector or officer of the Scottish Ministers, produce the licence and allow a copy or extract to be taken; and

(c) on such demand, furnish their name and address.

(7) A person moving anything under the authority of a general licence issued under these Regulations must, at all times during the licensed movement–

(a) carry a consignment note which contains details of the movement, including the name and location of the originating premises, the place of destination and the nature of the consignment;

(b) produce it to an inspector or other officer of the Scottish Ministers on demand and allow a copy or extract to be taken; and

(c) on such demand, furnish that person’s name and address.

(8) A declaration, notice or licence under these Regulations may be sent to a person as an electronic communication (as defined in the Electronic Communications Act 2000(1)), only if that person has consented to the use of that method of communication for that purpose.

(9) A declaration, notice or licence sent to a person as an electronic communication shall be taken to be received on the day after the day of its transmission.

(1)

2000 c. 7.