Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

Type Scottish-Statutory-Instrument

Publication 2007-02-08

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 8th February 2007

Coming into force: 15th February 2007

The Scottish Ministers, in exercise of the powers conferred on them by sections 1, 7, 8(1), 11, 15(5), 17(1), 23, 25, 28, 35(1), 35(3) and 83(2) of the Animal Health Act 1981 , and of all other powers enabling them in that behalf, make the following Order:

Citation, commencement and extent

1

(1) This Order may be cited as the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 and comes into force on 15th February 2007.

(2) This Order extends to Scotland only.

Interpretation

2

In this Order–

“the Act” means the Animal Health Act 1981;

“approved body” means a body approved by the Scottish Ministers;

“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 ;

“bird by-product” means entire bodies or parts of birds or products of avian origin, not intended for human consumption, included in Article8, 9 or 10 of Regulation (EC) No1069/2009;

“competent authority” means the authority which, immediately before Commission Decision 2006/415 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC ceased to have effect, was responsible for compliance with obligations provided for in that Decision;

“designated” means designated in accordance with article 3(5) to (7), except where the context otherwise requires, and “undesignated” is construed accordingly;

“disinfect” means disinfect in accordance with article 17;

“fresh meat” means meat which has not undergone any preserving process other than chilling, freezing, quick-freezing, vacuum wrapping or wrapping in a controlled atmosphere;

“H5N1 controlled zone” means any of–a temporary control zone;a temporary movement restriction zone;a protection zone;a surveillance zone; ora restricted zone;

“keeper” means any person responsible for birds, whether on a permanent or temporary basis, but does not include a person responsible for them solely because that person is transporting them;

“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed product, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“occupier” means, in relation to any premises, the person in charge of those premises;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept–as a pet;for shows, races, exhibitions or competitions;for breeding;for sale; orfor use by an approved body;

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

“premises” includes any land, building or other place;

“protection zone” means a protection zone declared under article 26 of the Avian Influenza Order;

“Regulation (EC) No. 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

“Regulation (EC) No1069/2009” means Regulation (EC) No1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No1774/2002 (Animal by-products Regulation), as last amended by Regulation (EU) 2017/625;

“Regulation (EU) No 142/2011” means Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by‑products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive ... as amended from time to time;

“restricted zone” means a restricted zone declared under the Avian Influenza Order in accordance with article 8(2) of this Order;

“surveillance zone” means a surveillance zone declared under article 26 of the Avian Influenza Order;

“temporary control zone” means a temporary control zone declared under the Avian Influenza Order in accordance with article 6 of this Order;

“temporary movement restriction zone” means a temporary movement restriction zone declared under the Avian Influenza Order in accordance with article 6 of this Order;

“third country” means any country that is neither the United Kingdom nor a member State;

“unrestricted area” means any part of the United Kingdom which is not part of an H5N1 controlled zone declared under this Order or of an equivalent zone in England, Wales or Northern Ireland;

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

“wild game bird” means a bird which lives freely in the wild and is hunted for human consumption.

Licences, notices and designations under this Order

3

(1) Licences granted under this Order–

(a) must be in writing;

(b) may be general or specific;

(c) may be made subject to such conditions as the person granting the licence considers necessary to control avian influenza; and

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

(2) A veterinary inspector or an inspector acting under the direction of a veterinary inspector must not license a movement under article 9, 10, 11 or 14 unless either inspector has taken account of the relevant risk assessment.

(3) In paragraph (2), “the relevant risk assessment” means the Scottish Ministers' assessment of the risk that the particular movement or a movement of that type would spread avian influenza.

(4) Notices under this Order–

(a) may be amended or revoked, by further notice, at any time;

(b) must, if they apply only to part of premises, specify to which part they apply.

(5) Designations under this Order–

(a) must be in writing;

(b) may be made subject to such conditions as the Scottish Ministers consider necessary to control avian influenza; and

(6) Unless the Scottish Ministers direct otherwise by notice to the occupier of the premises, the following premises are deemed to be designated for the purposes of this Order:–

(a) premises designated under article 70 of the Avian Influenza Order;

(b) premises deemed to be so designated under article 4(7) of that Order;

(i) incineration plants;

(ii) co-incineration plants;

(iii) processing plants;

(iv) biogas plants;

(v) composting plants;

(vi) petfood plants.

(7) Premises in England, Wales and Northern Ireland designated respectively by the Secretary of State, the National Assembly or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the Scottish Ministers for the purposes of this Order.

(8) Licences granted in England, Wales or Northern Ireland for activities which could be licensed in Scotland under this Order have effect in Scotland as if they were licences granted under this Order but an inspector acting under the direction of the Scottish Ministers may serve a notice on any person moving any thing under the authority of such a licence, requiring that person to move it or to keep it on premises specified in the notice or to move it out of Scotland.

(9) A person moving anything under the authority of a specific licence granted under this Order must–

(a) keep the licence or a copy of it with them at all times during the licensed movement;

(b) on demand by a veterinary inspector, other officer of the Scottish Ministers or by a local authority inspector, produce the licence or copy and allow a copy or extract to be taken; and

(10) A person moving anything under the authority of a general licence granted under this Order must–

(a) carry with them, at all times during the licensed movement, a copy of that general licence and a consignment note which contains details of–

(i) what is moved, including its quantity;

(ii) the date of the movement;

(iii) the name of the consignor;

(iv) the address of the premises from which the movement started;

(v) the name of the consignee; and

(vi) the address of the premises of destination;

(b) on demand by a veterinary inspector, an officer of the Scottish Ministers or by a local authority inspector, produce the consignment note and a copy of that general licence, and allow a copy or extract to be taken; and

(11) Any reference in this regulation to anything done in writing includes a reference to an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000 , which has been recorded and is consequently capable of reproduction.

(12) An electronic communication may only be sent to a person where the recipient has consented to that method of communication.

Restrictions relating to things moved from England, Wales or Northern Ireland

4

(1) Measures in this Order applying in respect of any thing moved from an H5N1 controlled zone apply in respect of any such thing moved from an equivalent zone in England, Wales or Northern Ireland.

(2) No person shall be guilty of an offence by virtue of paragraph (1) unless the person to whom the measure applies is aware or should reasonably have been aware that the thing moved is from such an equivalent zone.

Areas A and B

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of zones on suspicion of avian influenza of subtype H5N1 in poultry

6

(1) This article applies if the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that the Chief Veterinary Officer (Scotland) suspects that–

(a) highly pathogenic avian influenza virus of the H5 subtype is present in poultry, or in a poultry carcase, in Great Britain; ...

(b) the neuraminidase virus type is N1 , and

(2) The Scottish Ministers must declare two zones under article 13 of the Avian Influenza Order if the poultry or carcase in which highly pathogenic avian influenza of subtype H5N1 is suspected was found–

(a) in Scotland; or

(b) in England, less than 10 kilometres from the border with Scotland.

(3) The zones referred to in paragraph (2) may be–

(a) a temporary movement restriction zone and a temporary control zone;

(b) two temporary movement restriction zones; or

(4) In a declaration made in accordance with paragraph (2), the Scottish Ministers must specify which of the two zones declared is the first zone (“first zone”) and which the second zone (“second zone”).

(5) Premises which are partly in a first zone declared in accordance with paragraph (2) and partly in a second zone so declared are deemed to be wholly in the first zone.

Location and size of zones declared on suspicion of avian influenza of subtype H5N1 in poultry

7

(1) A first zone declared in accordance with article 6 must–

(a) be centred on the outbreak point; and

(b) have a boundary which is at least 10 kilometres from the outbreak point.

(2) A second zone declared in accordance with article 6 must be in such location and of such size as the Scottish Ministers consider necessary to minimise the risk of the spread of avian influenza.

(3) When deciding the extent of the first and second zones the Scottish Ministers must consider–

(a) the results of veterinary inquiries;

(b) the geographical features of the area around the premises;

(d) patterns of movement and trade in poultry and other captive birds in the area; and

(e) the facilities and personnel available to control movements within the zone (including any movement of poultry or other captive birds off premises for slaughter and disposal).

(4) “Outbreak point” means that part of any premises where any poultry or carcase referred to in article 6(1) has been found which the Scottish Ministers deem to be the centre of the suspected outbreak.

(5) If a zone declared in accordance with paragraphs (1) or (2) would otherwise include land in England, the Scottish Ministers must declare a zone of such part of that land as is in Scotland.

Establishment of a restricted zone on confirmation of avian influenza of subtype H5N1 in poultry

8

(1) This article applies if the Chief Veterinary Officer (Scotland) confirms that–

(a) highly pathogenic avian influenza virus of the H5 subtype is present in poultry or in a poultry carcase in Great Britain; ...

(b) the neuraminidase virus type is N1 , and

(c) the Chief Veterinary Officer (Scotland) is of the opinion that the virus is a significant risk to animal and human health.

(2) The Scottish Ministers must declare a restricted zone under article 26(5) of the Avian Influenza Order if the poultry or carcase in which highly pathogenic avian influenza of subtype H5N1 is confirmed was found–

(a) in Scotland; or

(b) in England, less than 10 kilometres from the border with Scotland.

Restrictions on the movement of poultry and other captive birds

9

(1) No person shall move any poultry or other captive bird from a restricted zone to an unrestricted area, a member State or third country unless that person is licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to the movement of–

(a) a bird, other than poultry, reared or kept in captivity as a pet; or

(b) any other captive bird to an approved body.

(3) A veterinary inspector or an inspector acting under the direction of a veterinary inspector may license the movement of–

(a) poultry directly to a designated slaughterhouse;

(b) poultry directly to any premises in an unrestricted area, if the veterinary inspector or inspector acting under the direction of a veterinary inspector is satisfied that they will be kept there for 21 days from their date of arrival;

(c) poultry to a member State or to a third country, if the movement is authorised by the competent authority of that member State or third country;

(d) day-old chicks to any premises in an unrestricted area;

(e) other captive birds to any premises in an unrestricted area.

(4) The Scottish Ministers must ensure that veterinary surveillance is carried out at any premises to which day-old chicks are moved under paragraph (3)(d) for such period as they consider necessary.

(5) Paragraph (4) does not apply if the day-old chicks so moved were hatched–

(a) from eggs from a designated hatchery in a restricted zone where the Scottish Ministers are satisfied that poultry have tested negative in a serological survey for avian influenza capable of detecting 5% prevalence of disease with at least a 95% level of confidence; or

(b) from eggs–

(i) from premises which, on the date the eggs were collected, were in an unrestricted area; and

(ii) which were transported from those premises in new disposable packaging or in disinfected packaging.

(6) The occupier of premises to which poultry are moved under paragraph (3)(b) must ensure that no poultry are moved off the premises for at least 21 days from the date the poultry so moved arrived there.

(7) In this article–

(a) “day-old chicks” means–

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