(This note is not part of the Order)
This Order makes provision consistent with Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk(1) as amended by Commission Decisions 2005/745/EC(2), 2005/855/EC(3), 2006/405/EC(4) and 2006/574/EC(5); and in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health of 27th November 2006.
The Order consolidates provisions previously contained in the Avian Influenza (Preventive Measures) (Scotland) Regulations 2005, as amended, except regulation 4 thereof (risk assessment and imposition of restrictions) for which provision is made by article 6 of the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order (S.S.I. 2006/196).
Article 4 prohibits the holding of poultry gatherings of birds anywhere in Scotland unless they are licensed by a veterinary inspector after a risk assessment.
Article 5(1) requires keepers of 50 or more poultry on any single premises anywhere in Scotland to provide certain information to the Scottish Ministers, including whether poultry have access to the open air. Article 5(2) specifies the date by which they must do this. Article 5(5) requires keepers to inform the Scottish Ministers of changes to that information. Article 6 allows the Scottish Ministers to require other keepers to provide some or all of this information if they consider this necessary.
Article 7 relates to the monitoring of premises. Article 8 makes provision as to enforcement of the Order.
A regulatory impact assessment has not been prepared in respect of this Order as it consolidates provisions previously contained in the Avian Influenza (Preventive Measures) (Scotland) Regulations 2005.
O.J. L 274, 20.10.2005, p.105.
O.J. L 279, 22.10.2005, p.79.
O.J. L 316, 2.12.2005, p.21.
O.J. L 158, 10.6.2006, p.14.
O.J. L 228, 22.8.2006, p.24.