This Order implements Commission Regulation (EC) No. 616/2009 (“the Commission Regulation”) which makes provision for the approval of poultry compartments which meet certain biosecurity standards.

Article 3 provides that the Scottish Ministers are the competent authority for the purposes of the Commission Regulation.

Article 4 provides that applications for approval of compartments must be made in such form as the Scottish Ministers may require. Application for approval is voluntary. The Commission Regulation requires the competent authority to suspend approval of a compartment in the event of non-compliance with the information submitted in the application for approval, or with the criteria and requirements set out in the Annex to the Commission Regulation. Following suspension, the competent authority is required to withdraw approval if there is continued non-compliance or in the event of an outbreak of avian influenza in the compartment.

Article 5 sets out the powers under the Order of persons appointed as inspectors under the Animal Health Act 1981. Refusing entry to, or otherwise obstructing or impeding an inspector in the execution of the inspector’s duties under article 5 is an offence under section 66 of that Act.

A regulatory impact assessment has not been prepared for this instrument.