PART 2Confirmation or suspicion of H5N1

Additional measures9.

(1)

The Scottish Ministers must, in their declaration of a wild bird control area or a wild bird monitoring area, impose additional measures if they consider that these are necessary to reduce the risk of the spread of avian influenza.

(2)

When deciding what measures to impose under paragraph (1), the Scottish Ministers must consider whether measures are necessary–

(a)

to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;

(b)

to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus or with any virus that causes avian influenza; and

(c)

to reduce the risk of the spread of avian influenza between premises.

(3)

The power of the Scottish Ministers to impose measures by declaration under this article includes the power to require–

(a)

poultry or other captive birds to be housed or otherwise kept separate from wild birds;

(b)

poultry or other captive birds or categories of such birds specified in the declaration to be housed or otherwise kept separate from other poultry and captive birds;

(c)

that poultry or other captive birds are provided with feed and water to which wild birds have no access; and

(d)

keepers of poultry or other captive birds and others who come into contact with such birds to cleanse and disinfect their footwear and take such other biosecurity measures as a veterinary inspector or an inspector under the direction of a veterinary inspector may require.