The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006

Made: 7th June 2006

Laid before the Scottish Parliament: 8th June 2006

Coming into force: 1st July 2006

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

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• (1) These Regulations may be cited as the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006.

• (2) These Regulations extend to Scotland and come into force on 1st July 2006.

Interpretation

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• (1) In these Regulations–

• “the Act” means the Animal Health Act 1981 ;

• “authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about birds or carcases infected with avian influenza or suspected of being infected with avian influenza;

• “avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

• “the Avian Influenza Order” means the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 ;

• “carcase” means the carcase of any bird and includes any part of a carcase;

• ...

• “commercial premises” means premises where poultry or other captive birds are kept for commercial purposes;

• ...

• “controlled zone” has the same meaning as in the Avian Influenza Order;

• “day-old chick” means all poultry less than 72 hours old which have not yet fed and muscovy ducks (Cairina moschata) and their crosses less than 72 hours old, whether or not fed;

• “designated packing centre” means a packing centre designated under article 70 of the Avian Influenza Order and designated under regulation 16(3);

• “designated slaughterhouse” means a slaughterhouse designated under article 70 of the Avian Influenza Order and designated under regulation 16(3);

• “the Directive” means Council Directive 2005/94/EC on Community measures for the control of avian influenza repealing Directive 92/40/EEC , as last amended by Commission Implementing Decision (EU) 2018/662;

• ...

• “emergency vaccination plan” has the same meaning as it has in Article 53 of the Directive, reading that Article as if— in paragraph 1—for “A Member state” there were substituted “ The Scottish Ministers ”,for “the Member State” there were substituted “ Scotland ”,the words from “concerned” to the end were omitted,in paragraph 2, in the first subparagraph—for “a Member State intends” there were substituted “ the Scottish Ministers intend ”,for the words from “it shall submit” to the end there were substituted “ the Scottish Ministers must publish an emergency vaccination plan ”,paragraph 3 were omitted.

• “hatchery” means an establishment for incubating eggs, hatching and supplying chicks;

• “highly pathogenic avian influenza” means an infection of poultry or other captive birds caused by–avian influenza viruses of the subtypes H5 or H7 with genome sequences codifying for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other highly pathogenic avian influenza viruses, indicating that the haemagglutinin molecule can be cleaved by a host ubiquitous protease; oravian influenza viruses with an intravenous pathogenicity index in six-week old chickens greater than 1.2;

• “inspector” means an inspector appointed by the Scottish Ministers or a local authority to be an inspector under the Act, and includes a veterinary inspector;

• “keeper” means any person responsible for birds or mammals (except man), whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

• “low pathogenic avian influenza” means an infection of poultry or other captive birds caused by avian influenza viruses of subtypes H5 or H7 other than avian influenza viruses of subtypes H5 or H7 which cause highly pathogenic avian influenza;

• “non-commercial premises” means premises where poultry or other captive birds are kept by their owners for their own consumption, use or as pets;

• “other captive bird” means any bird kept in captivity which is not poultry and includes a bird kept for shows, races, exhibitions, competitions, breeding or for sale;

• “packing centre” has the same meaning as in sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs , as last amended by Commission Delegated Regulation (EU) 2017/2168;

• “poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game birds or for the purposes of any breeding programme for the production of these categories of birds;

• “premises” includes any land, building or other place where poultry or other captive birds are bred or kept;

• “preventive vaccination plan” has the same meaning as it has in Article 56 of the Directive, reading that Article as if— in paragraph 1, for “Member States” there were substituted “ The Scottish Ministers ”,in paragraph 2, in the first subparagraph—for “a Member State intends” there were substituted “ the Scottish Ministers intend ”,for the words from “it shall submit” to the end there were substituted “ the Scottish Ministers must publish a preventive vaccination plan ”,paragraph 3 were omitted.

• “Regulation (EC) No 852/2004” means Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs, as last amended by Regulation (EC) No 219/2009 of the European Parliament and of the Council,

• “Regulation (EC) No 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as last amended by Commission Regulation (EU) 2017/1981,

• “slaughterhouse” means an establishment used for slaughtering and dressing poultry, the meat of which is intended for human consumption and which–is approved or conditionally approved under article 31(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of feed and food law, animal health and animal welfare rules , as last amended by Commission Implementing Regulation (EU) 2018/1587, oralthough lacking the approval or conditional approval that it requires under article 4(3) of Regulation (EC) No. 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;

• “special category premises” means non-commercial premises, circuses, zoos, pet shops, wildlife parks, fenced areas where poultry or other captive birds are kept for scientific purposes or for purposes related to the conservation of endangered species, and premises or parts of premises where only breeds of poultry or other captive birds which require to be registered under section 7 of the Wildlife and Countryside Act 1981 or which the Scottish Ministers consider to be rare are kept;

• “vaccinate” means treat poultry or other captive bird with vaccine against avian influenza;

• “vaccination notice” means a notice issued under regulation 12(1)(b) or 13(1)(b);

• “vaccination zone” means the geographical area specified in a declaration under regulation 12(1)(a) or 13(1)(a) as being the area within which vaccination against avian influenza is to be carried out;

• “vehicle” includes any means of transport and includes–a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;a detachable part of any vehicle;a container or other structure designed or adapted to be carried on a vehicle; and

• “veterinary inspector” means a veterinary inspector appointed by the Scottish Ministers under the Act.

• (2) Other expressions defined in the Directive have the same meaning in these Regulations.

Declarations, notices and licences

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• (1) Declarations made under these Regulations–

• (a) must be in writing;

• (b) may be amended or revoked, by further declaration in writing, at any time;

• (c) must designate the extent of the vaccination zone being declared;

• (d) must refer to the minimum measures which apply in the vaccination zone and state whether they apply in all or part of the zone;

• (e) must state which categories of birds the measures apply to; and

• (f) must state at whose expense the measures are to be carried out.

• (2) Notices issued under these Regulations–

• (a) must be in writing;

• (b) may be amended or revoked, by further notice in writing, at any time;

• (c) where service of the notice on the occupier of any premises results in any requirement or restriction in relation to those premises, shall contain a description of those premises sufficient to ascertain their extent;

• (d) must refer to the minimum measures which apply to the premises;

• (e) must state which categories of birds the measures apply to; and

• (f) must state at whose expense the measures are to be carried out.

• (3) Licences granted under these Regulations–

• (a) must be in writing;

• (b) may be general or specific;

• (c) may, in addition to any conditions required by these Regulations, be made subject to such conditions as the Scottish Ministers consider necessary to control disease; and

• (d) may be amended, suspended or revoked, in writing, at any time.

• (4) The Scottish Ministers must take such steps as they consider fit to ensure that declarations, notices and licences are brought to the attention of those who may be affected by them as soon as is reasonably practicable and, in particular, must ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

• (5) Except as otherwise directed by the Scottish Ministers, licences granted in England, Wales or Northern Ireland for activities which could be licensed in Scotland under these Regulations have effect in Scotland as if they were licences granted under these Regulations.

• (6) A person moving anything under the authority of a specific licence issued under these Regulations must–

• (a) keep the licence with them at all times during the licensed movement;

• (b) on demand made by an inspector or officer of the Scottish Ministers, produce the licence and allow a copy or extract to be taken; and

• (c) on such demand, furnish their name and address.

• (7) A person moving anything under the authority of a general licence issued under these Regulations must, at all times during the licensed movement–

• (a) carry a consignment note which contains details of the movement, including the name and location of the originating premises, the place of destination and the nature of the consignment;

• (b) produce it to an inspector or other officer of the Scottish Ministers on demand and allow a copy or extract to be taken; and

• (c) on such demand, furnish that person's name and address.

• (8) A declaration, notice or licence under these Regulations may be sent to a person as an electronic communication (as defined in the Electronic Communications Act 2000 ), only if that person has consented to the use of that method of communication for that purpose.

• (9) A declaration, notice or licence sent to a person as an electronic communication shall be taken to be received on the day after the day of its transmission.

Powers of Slaughter

Preventive eradication

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• (1) The Scottish Ministers may, where they consider appropriate on the basis of epidemiological information or other evidence, implement a preventive eradication programme of avian influenza.

• (2) As part of such a programme, the Scottish Ministers may cause to be killed the poultry and other captive birds on such premises as they consider necessary with a view to preventing the spread of avian influenza.

• (3) Killing shall be carried out in such a way as to minimise the dispersal of avian influenza virus.

• (4) Compensation shall be payable for any bird killed under this regulation as if that bird had been killed under the powers conferred by paragraph 5(1) of Schedule 3 to the Act, and as if the definition of “poultry” in section 87(4) of the Act was extended to include all species of bird.

Duty to kill birds on infected premises

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• (1) Subject to paragraph (2) and regulations 6 to 8, where avian influenza is confirmed on any premises, the Scottish Ministers shall, in exercise of their powers under paragraph 5(1) of Schedule 3 to the Act, cause to be killed all poultry and other captive birds on those premises.

• (2) On the basis of an assessment of the risk of further spread of avian influenza, the Scottish Ministers may decide not to cause to be killed certain species of poultry or other captive birds to which paragraph (1) applies.

• (3) The Scottish Ministers may, by notice to the occupier of the premises, specify appropriate measures and conditions to limit any possible spread of avian influenza to any wild birds on the premises.

Separate production units

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• (1) The Scottish Ministers may by notice served on the occupier of premises declare those premises to consist of two or more separate production units where, taking account of the–

• (a) structure of the premises;

• (b) size of the premises;

• (c) operation of the premises;

• (d) type of housing on the premises;

• (e) feeding on the premises;

• (f) water source on the premises;

• (g) equipment on the premises; and

• (h) staff and visitors to the premises,

the Chief Veterinary Officer (Scotland) is satisfied that the production units are completely independent of other production units on the same premises in terms of location and day to day management of the poultry or other captive birds kept there, and so advises the Scottish Ministers.

• (2) Where premises consist of two or more separate production units, the Scottish Ministers may decide not to cause to be killed poultry or other captive birds on those separate production units of the premises where avian influenza has not been confirmed, provided that such a decision does not materially reduce the effectiveness of measures to prevent the spread of avian influenza.

Measures on special category premises – highly pathogenic avian influenza

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• (1) Where highly pathogenic avian influenza is confirmed on special category premises, the Scottish Ministers may decide not to cause all or any of the poultry or other captive birds on those premises to be killed under paragraph 5(1) of Schedule 3 to the Act where they consider that this does not materially reduce the effectiveness of measures to prevent the spread of avian influenza.

• (2) Where a decision is taken under paragraph (1) not to cause any poultry or other captive birds on special category premises to be killed under paragraph 5(1) of Schedule 3 to the Act, those birds shall not be moved unless the Chief Veterinary Officer (Scotland) is satisfied, following tests, that they are not infectious with avian influenza.

• (3) Where a decision is taken under paragraph (1) not to cause any poultry or other captive birds on special category premises to be killed under paragraph 5(1) of Schedule 3 to the Act, the occupier of the special category premises must ensure that–

• (a) poultry and other captive birds on the premises are housed or (if, in the view of a veterinary inspector, housing is impractical or would adversely affect the birds' welfare to a significant degree) isolated, on the premises;

• (b) records are kept of all poultry and other captive birds which become sick or die on the premises;

• (c) no poultry or other captive bird is moved from the premises except–

• (i) to a slaughterhouse or other premises in accordance with a licence granted by a veterinary inspector; or

• (ii) to a slaughterhouse or other premises in a member State, if the movement is licensed by a veterinary inspector and is authorised by that member State.

• (4) The occupier of the premises must take all reasonable steps to minimise contact between birds isolated under paragraph (3)(a) and–

• (a) poultry and other captive birds on other premises; and

• (b) wild birds.

Measures on special category premises – low pathogenic avian influenza

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