EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Avian Influenza (Preventive Measures) (Scotland) Order 2007 (“the 2007 Order”), which makes provision to reduce the risk of transmission of highly pathogenic avian influenza from birds living in the wild to poultry and other captive birds.

Article 2(2) inserts a definition of “access to the open air”.

Article 2(3) replaces article 5 of the 2007 Order, to reduce the threshold for the requirement to notify the Scottish Ministers of premises where birds are kept, from 50 birds to one and extends the notification requirement to include premises where birds other than poultry are kept. Article 2(3) also inserts the requirement for bird keepers to provide an annual update of the information relevant to their premises.

Article 2(4) inserts article 5A into the 2007 Order, which provides for exceptions to the notification requirement for keepers of parrots or passerine birds which are housed within a dwelling or a bird house with no access to the open air.

A Business and Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Agriculture and Rural Economy Directorate, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD, and online at legislation.gov.uk.