The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

[^key-8ada9ade6e214b3891267ac6b74af10b]: Word in art. 39 heading substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(10)

[^key-aa2eed19ce8bfe06737918f015ee25bf]: Word in art. 39 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(10)

[^key-6232477fe379133820e598b6852a78cf]: Art. 73 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(17)

[^key-614a21cc67b647bf275617807a556f3c]: Words in sch. 5 para. 12 inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(19)(a)

[^key-d19d7db13b186282b7b52349a41ed7de]: Sch. 5 para. 18 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(19)(c)

[^key-dce550c17da4f6598ac50e0d9b597516]: Word in art. 38(2)(a) substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(9)

[^key-8f6325125786994f874d1ea8052217cb]: Word in art. 41 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(11)

[^key-b455411e0fce355e3509fb797a0dba25]: Word in art. 43 substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(12)

[^key-a3182beb602e3d0757ce371b02a2baa1]: Word in art. 44(2) substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(13)

[^key-1d270e1615b28e8cf2bf518cfa141527]: Word in art. 61(2)(d) substituted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(15)

[^key-edc144b3538749f7a9d37919e56b5183]: Art. 4(1)(za) inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(3)

[^key-20220d3584c8dc696e5c5df40a3e0d70]: Art. 11(1)(d) inserted (19.12.2023) by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(5)

[^key-7e43ca0f8973dbf8f2a7b19f5c1a06fd]: Art. 28(2)(b) omitted (19.12.2023) by virtue of The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(6)

[^key-f11b85148c104abfdcbdca3908ab6893]: Art. 29(2)(b) omitted (19.12.2023) by virtue of The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Amendment Order 2023 (S.S.I. 2023/361), arts. 1, 2(7)

[^key-1bf66f1fa8c01671f00f21ee2d741055]: Arts. 56A, 56B inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(5)

[^key-ac08a50ff2ba6e8d239a3b3053319188]: Art. 57A inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(6)

[^key-29610b2d03caf2294b91cdc0ab154c0e]: Schs. 8, 9 inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(12)

[^key-23f444e6c34e60dc64699de75331b623]: Words in art. 2 substituted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(2)

[^key-76a3444c75f87e03ec6d9ad1218fbc42]: Words in art. 4(2)(c) inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(3)

[^key-63331479d7e0d9cc757886891d91672e]: Art. 9(3) omitted (29.5.2025) by virtue of The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(4)

[^key-ff9f37d8e00a6d0e135c0cab4f94ab3e]: Art. 58 substituted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(7)

[^key-26c228ce078afeb50dc74a549440bb17]: Art. 59(3) inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(8)

[^key-7887b66f664626f4e1a919cac636cab0]: Words in art. 60 inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(9)

[^key-d97a8a39c14dfb721349977ef38aecd4]: Words in sch. 4 para. 30 inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(10)

[^key-447998e2484fee3703af88f73fa2f223]: Words in sch. 5 para. 25 inserted (29.5.2025) by The Disease Control (Miscellaneous Amendment) (Scotland) Order 2025 (S.S.I. 2025/108), arts. 1, 2(11)

Measures at border control posts

Ending of low pathogenic avian influenza restricted zones

55A

• (1) The Scottish Ministers may, by declaration, end a low pathogenic avian influenza restricted zone but must not do so until—

• (a) the minimum period has elapsed, or

• (b) the Scottish Ministers are satisfied, on the basis of veterinary enquiries and tests carried out in the low pathogenic avian influenza restricted zone, and a risk assessment, that the risk of the spread of low pathogenic avian influenza is negligible.

• (2) In paragraph (1), “the minimum period” means—

• (a) where preliminary cleansing and disinfection has been carried out in accordance with article 65, 21 days following completion of that preliminary cleansing and disinfection, or

• (b) in any other case, 42 days following the date on which the existence of low pathogenic avian influenza is confirmed.

Records of movements authorised by licence

Notification procedures and precautions to be taken where influenza virus of avian origin is suspected

56A

• (1) A person who has in that person’s possession or charge any mammal or mammal carcase in which the presence of influenza virus of avian origin is suspected must—

• (a) immediately notify an authorised veterinary inspector, and

• (b) take all reasonable steps to ensure that the restrictions and requirements set out in schedule 8 are complied with.

• (2) A person who examines or inspects any mammal or mammal carcase, or who analyses any sample taken from any mammal or mammal carcase, must immediately inform an authorised veterinary inspector if the person—

• (a) suspects the presence of influenza virus of avian origin in the mammal or mammal carcase, or

• (b) detects evidence of antibodies to influenza virus of avian origin in the mammal or mammal carcase.

• (3) If an inspector suspects that influenza virus of avian origin exists on any premises or has existed there within 56 days (whether or not notification has been made under paragraphs (1) or (2)), the inspector may serve a notice on the occupier of the premises requiring that person to comply with such of the restrictions and requirements set out in schedule 8 as are specified in the notice.

Restrictions on mammals on confirmation of influenza virus of avian origin

56B

If the Scottish Ministers confirm that influenza virus of avian origin exists on any premises, they may (by notice served on the occupier of the premises) impose, in addition to the restrictions and requirements set out in schedule 8, the restrictions and requirements set out in schedule 9.

Killing of mammals

Compensation

57A

Where the Scottish Ministers cause a mammal to be slaughtered under section 32 of the Act in its application to influenza virus of avian origin, they must pay compensation as follows—

• (a) where the mammal slaughtered was infected with influenza virus of avian origin the compensation payable is the value of the mammal immediately before it became so infected,

• (b) in every other case the compensation payable is the value of the mammal immediately before it was slaughtered.

Movements off the premises

Measures at other premises

Additional measures to control the spread of virus in mammals

Schedule 8 — Measures where influenza virus of avian origin is suspected in kept mammals

Record of kept mammals and birds

1

The occupier must make and update daily a record of mammals, poultry or other captive birds kept on the premises showing for each species the number or approximate number—

• (a) alive,

• (b) which have died,

• (c) which show clinical signs of avian influenza or influenza virus of avian origin,

• (d) which have been born on the premises.

Separation or isolation of mammals

2

The occupier must, in accordance with the instructions of a veterinary inspector—

• (a) ensure that all mammals are kept separately to or isolated from other mammals, poultry and other captive birds on the premises, and

• (b) take all reasonable steps to minimise any contact on the premises with wild mammals or wild birds.

Prohibition on the movement of mammals and birds to and from the premises

3

No person may move any mammal, poultry or other captive bird to or from the premises, unless licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza or influenza virus of avian origin

4

No person may remove from or bring onto the premises any carcase, mammal carcase, meat (including offal), milk and any other animal products, animal feed, material, waste, droppings, slurry, manure, germinal products or anything else liable to transmit avian influenza or influenza virus of avian origin unless—

• (a) they are licensed by a veterinary inspector to do so, and

• (b) they observe such biosecurity measures as are directed by a veterinary inspector in order to prevent the risk of spread of disease.

Prohibition on the movement of people, equipment and vehicles to and from the premises

5

No person may enter or leave the premises and no person may move any vehicle or equipment from the premises unless the movement is licensed by a veterinary inspector or an inspector under the direction of a veterinary inspector.

Disinfection at entrances and exits

6

The occupier must, in accordance with an inspector’s instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing mammals, poultry or other captive birds.

Schedule 9 — Additional measures on premises where influenza virus of avian origin is confirmed

Killing and seizure

1

The occupier must give all reasonable assistance to a person exercising a duty relating to the killing of mammals under this Order or under section 32 of the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993.

Measures to minimise the risk of spread of influenza virus of avian origin to wild mammals and wild birds

2

The occupier must take such action as a veterinary inspector reasonably requires to reduce the risk of the spread of influenza virus of avian origin to wild mammals and wild birds.

Disposal of carcases and mammal carcases

3

The occupier must ensure that all carcases and mammal carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector’s instructions unless the veterinary inspector licenses their use for diagnosis of disease.

Tracing

4

The occupier must give all reasonable assistance to a veterinary inspector in the tracing of anything liable to transmit influenza virus of avian origin to or from the premises.

Cleansing and disinfection

5

The occupier must cleanse and disinfect the premises in accordance with the instructions of a veterinary inspector.

Restocking

6

A person must not restock the premises on which mammals have been killed under this Order or under section 32 of the Act, or from which mammals have been sent for slaughter unless licensed to do so by a veterinary inspector.