Scottish Government

Scottish Statutory Instruments

2006 No.

Animals

Animal Health

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

Made - - - - ***

Coming into force - - xxxxx 2006

The Scottish Ministers, in exercise of the powers conferred by sections 1, 7, 8(1), 15(5), 17(1), 23, 25, 28, 29(1), (2) and (3), 32(2), 35(1), 83(2), 87(2) and (5)(a) and 88(4)(a) of the Animal Health Act 1981( ^a) and all other powers enabling them in that behalf, hereby make the following Order:

Part 1

Introduction

Citation, commencement and extent

1. (1) This Order may be cited as the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006, and comes into force on xx xxxxx 2006.

(2) This Order extends to Scotland only.

Interpretation

2. In this Order-

"the Act" means the Animal Health Act 1981;

"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;

"border inspection post" means a place specified as such in Schedule 2 to the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000 ( ^b);

"carcase" means the carcase of any bird and includes any part of a carcase;

"Chief Veterinary Officer (Scotland)" means the Chief Veterinary Officer of the Scottish Executive;

"commercial poultry premises" means commercial premises where poultry are kept;

"commercial premises" means premises where poultry or other captive birds are kept for commercial purposes and does not include premises where all poultry and their eggs are kept by their owners for their own consumption or use or, in the case of poultry, as pets;

"competent authority" means the authority in a member State authorised by it to carry out its functions under the Directive;

"contact premises" has the meaning given in article 24;

"controlled zone" means a protection zone, a surveillance zone, a restricted zone, a temporary movement restriction zone, a temporary control zone, a low pathogenic avian influenza restricted zone or an avian influenza prevention zone;

"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;

"the Directive" means Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EC( ^a);

"dispose" means treat in accordance with the Animal By-Products (Scotland) Regulations 2003( ^b) or as a veterinary inspector otherwise directs;

"the Divisional Veterinary Manager" means the veterinary inspector of the State Veterinary Service with this title for the area in which premises are located;

"hatchery" has the same meaning as in article 1(3)(c) of Council Regulation ( EC) No 2782/75;

"highly pathogenic avian influenza" means an infection of poultry or other captive birds caused by-

(a) 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; or
(b) avian 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 for the purposes of these Regulations or under the Act , and includes a veterinary inspector;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994( ^c);

"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;

"mammal" means any mammal, except man;

"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 a 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 article 1(9) of Council Regulation ( EC) No 1907/90;

"poultry" means a bird reared or kept in captivity for the production of meat or eggs for consumption, or 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, place of business or other place;

"protection zone" means an area declared to be a protection zone under article 26;

"quarantine centre" means a premises where birds are isolated to prevent the spread of disease following importation from another country;

"racing pigeon" means any pigeon transported or intended for transport from its pigeon house so that it may be released and freely fly back there or to another destination;

"regulated place" means a slaughterhouse, quarantine centre or border inspection post or a laboratory authorised by the Scottish Ministers to hold avian influenza virus under the Specified Animal Pathogens Order 1998( ^a);

"the Regulations" means the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006( ^b);

"restricted zone" means an area declared to be a restricted zone under article 26;

"slaughterhouse" means an establishment used for slaughtering and dressing poultry, the meat of which is intended for human consumption and which--

(a) 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( ^c), or
(b) although 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( ^d) or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995( ^e);

"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 the Scottish Ministers consider to be rare are kept;

"surveillance zone" means an area declared to be a surveillance zone under article 26;

"suspect premises" means any premises in respect of which an inspector has served a notice under article 10(1) which has neither been revoked, nor superseded by a declaration under article 19 or 44;

"temporary control zone" means a temporary control zone declared under article 13;

"temporary movement restriction zone" means a temporary movement control zone declared under article 13;

"unregulated period of infection" has the meaning given in article 21(3);

"vehicle" includes any means of transport and includes-

(a) a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b) a detachable part of any vehicle;

(c) a container or other structure designed or adapted to be carried on a vehicle.

Extension of the Act

3. -(1) For the purposes of the Act generally (other than section 87 and paragraph 5(2) of Schedule 3), the definition of "poultry" in section 87(4) of the Act is extended to include all birds.

(2) For the purposes of the Act generally, the definition of "disease" in section 88(1) of the Act is extended to include any infection in mammals caused by influenza virus of avian origin.

(3) Section 32 of the Act applies to any infection in mammals caused by influenza virus of avian origin.

(4) In the application of the Act to avian influenza, the definition of "animals" in section 87(1) of the Act is extended to include all mammals, except man.

Declarations, licences and notices under this Order

4. -(1) Declarations under this Order-

(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 any controlled zone being declared;
(d) must list or refer to the measures which apply in such a zone and state whether they apply in all or part of the zone; and
(e) must state to which categories of bird measures apply.

(2) Licences granted under this Order-

(a) must be in writing;
(b) may be general or specific;
(c) may, in addition to any conditions required by this Order, be made subject to such conditions as the Scottish Ministers consider necessary to control avian influenza; and
(d) may be amended, suspended or revoked, in writing, at any time.

(3) Notices issued under this Order-

(a) may be amended or revoked, by further notice in writing, at any time;
(b) shall specify whether they apply to all or part of the premises.

(4) The Scottish Ministers must take such steps as they consider fit to ensure that declarations, licences and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

(5) The Scottish Ministers must, in particular, ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and revocation are publicised.

(6) Except as otherwise directed by the Scottish Ministers, licences granted in England or Wales for activities which could be licensed in Scotland under this Order have effect in Scotland as if they were licences granted under this Order.

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

(a) keep the licence with that person at all times during the licensed movement;
(b) on demand made by an inspector or other officer of the Scottish Ministers or by an inspector of a local authority, produce the licence and allow a copy or extract to be taken; and
(c) on such demand, furnish that person's name and address.

(8) A person moving anything under the authority of a general licence granted under this Order 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; and
(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.

Controlled zones

5. -(1) Subject to paragraph (2), premises which are only partly in a controlled zone are deemed to be wholly within the controlled zone.

(2) Premises in any controlled zone which are partly in one zone and partly in another are deemed to be wholly in the zone furthest up the following list-

(a) protection zone;
(b) surveillance zone;
(c) restricted zone;
(d) temporary control zone;
(e) temporary movement restriction zone;
(f) low pathogenic avian influenza restricted zone;
(g) avian influenza prevention zone.

(3) Every controlled zone (other than an avian influenza prevention zone) is an infected area for the purposes of the Act.

Part 2

Preventive measures

Measures to reduce the risk of the transmission of avian influenza

6. -(1) If the Scottish Ministers consider it necessary (having carried out a risk assessment) to reduce the risk of the transmission of avian influenza to poultry or other captive birds in Scotland from wild birds or from any other source, they must do one or more of the following-

(a) declare an avian influenza prevention zone in all or part of Scotland;
(b) serve a restrictions notice on the occupier of any premises where poultry, other captive birds or any specified categories of poultry or captive birds are kept;
(c) ban the collection of poultry or other captive birds at any fair, market, show, exhibition, race or other gathering, unless the gathering is licensed by a veterinary inspector.

(2) The Scottish Ministers must, in a declaration of an avian influenza prevention zone or in a restrictions notice, impose such restrictions and requirements as they consider necessary to reduce the risk of transmission of avian influenza and must consider, in particular, the measures necessary-

(a) to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;
(b) to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus;
(c) to reduce the risk of the spread of avian influenza between premises.

(3) The Scottish Ministers powers under paragraph (2) include powers-

(a) to require domestic ducks and geese to be housed or otherwise kept separate from other poultry and captive birds ;
(b) to require that poultry and other captive birds are provided with feed and water to which wild birds have no access or which has been treated to render any avian influenza virus inactive;
(c) to prohibit the use of birds of the orders Anseriformes (including ducks, geese and swans) and Charadriiformes (including gulls, murres, terns, avocets, puffins, woodcock, oystercatchers, sandpipers, plovers, surfbirds, snipes and skimmers) as decoys during bird-hunting.
(d) to require keepers of poultry and other captive birds and others who come into contact with such birds to cleanse and disinfect their footwear and take such other biosecurity measures as a veterinary inspector may require.

Surveillance for avian influenza

7. -(1) The Scottish Ministers must carry out surveillance at such premises and of such birds as they consider necessary-

(a) to detect the prevalence in different species of poultry of infection with avian influenza virus subtypes H5 and H7; and
(b) to assess the risk of the spread of influenza of avian origin by wild birds.

(2) The Scottish Ministers must give notice to the occupier or person in charge of premises selected by them for the purposes of such a survey.

Part 3

Measures on suspicion of avian influenza

Disapplication of measures to regulated places

8. Articles 10 to 17 (both inclusive) do not apply to regulated places.

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

9. -(1) A person who has in that person's possession or charge any bird or carcase which has, or which that person suspects may have, avian influenza must-

(a) immediately notify the Divisional Veterinary Manager; and
(b) take all reasonable steps to ensure that the restrictions and requirements set out in Schedule 1 are complied with.

(2) A person who examines or inspects any bird or carcase or who analyses any sample taken from any bird or carcase and who suspects the presence of avian influenza in the bird, carcase or sample must immediately inform the Divisional Veterinary Manager.

(3) Paragraphs (1) and (2) do not apply in respect of any pathogen for which a person has a licence under the Specified Animal Pathogens Order 1998( ^a).

Notice of restrictions where avian influenza is suspected on premises

10. -(1) If an inspector suspects that avian influenza exists on any premises (whether or not notification has been made under article 9), the inspector must serve a notice on the occupier or person in charge of the premises requiring that person to comply with such of the restrictions and requirements set out in Schedule 1 as are specified in the notice.

(2) An inspector must not revoke the notice of restrictions unless instructed to do so by the Chief Veterinary Officer (Scotland).

Derogations from restrictions applicable at suspect premises

11. -(1) The Scottish Ministers may grant derogations to the following measures set out in Schedule 1-

(a) the obligation to house or isolate poultry and other captive birds;
(b) the prohibition on the movement of poultry and other captive birds onto or off the premises;
(c) the prohibition on the movement off the premises of anything liable to transmit avian influenza.

(2) The Scottish Ministers must not grant such a derogation unless they have considered-

(a) the risk of the possible spread of avian influenza were the derogation to be granted;
(b) any precautionary measures which have been or which could be taken; and
(c) the destination of any birds or things which would be moved were the derogation to be granted.

(3) A derogation under paragraph (1) may be contained in a notice served under article 10 or in a licence issued by a veterinary inspector or by an inspector acting under the authority of a veterinary inspector.

(4) A veterinary inspector (or an inspector acting under the authority of a veterinary inspector) may, in a notice served under article 10 or by licence, grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1, but must not do so unless-

(a) the premises the subject of the derogation are non-commercial premises;
(b) the premises contain other captive birds but no poultry;
(c) the inspector has considered the risk of the possible spread of avian influenza were the derogation to be granted and any precautionary measures which have been or which could be taken.

Veterinary inquiries and sampling

12. -(1) The Chief Veterinary Officer (Scotland) must, if the Chief Veterinary Officer (Scotland) suspects that poultry or other captive birds on, or moved from, premises which are the subject of a notice under article 10 may be infected with avian influenza, ensure that a veterinary inquiry is started at those premises as soon as reasonably practicable to ascertain whether the disease exists or has existed there.

(2) The Chief Veterinary Officer (Scotland) may require samples to be taken by a veterinary inspector from poultry or other captive birds on premises even if the Chief Veterinary Officer (Scotland) does not suspect those birds to be infected with avian influenza.

Measures to minimise the risk of the spread of avian influenza from suspect premises

13. The Scottish Ministers must, if they consider it necessary to minimise the risk of the spread of avian influenza from suspect premises in Scotland, England, Wales, or Northern Ireland, (after considering the findings or preliminary findings of veterinary inquiries at such premises) take one or more of the following measures-

(a) declare a temporary movement restriction zone in such part or parts of Scotland as they consider necessary;
(b) serve a notice on the owner or occupier of suspect premises in Scotland requiring that person to comply with some or all of the measures set out in Schedule 2;
(c) declare a temporary control zone in such part of Scotland and of such size as they consider necessary around suspect premises.

Restrictions where avian influenza is suspected in transit

14. A person exercising powers under articles 10 to 13 (both inclusive) must take into account any measures taken in respect of vehicles under articles 38, 41, 42, 43 and 45.

Measures in a temporary movement restriction zone

15. -(1) The Scottish Ministers must, in a declaration of a temporary movement restriction zone (and in relation to such part or parts of the zone as they think fit), ban or restrict the movement of such of the following as they consider necessary-

(a) poultry;
(b) other captive birds;
(c) eggs;
(d) vehicles used to transport poultry, other captive birds, eggs or anything else likely to transmit avian influenza;
(e) mammals.

(2) If the Scottish Ministers ban or restrict the movement of mammals within a temporary movement restriction zone, they must lift the ban or restriction within 72 hours of it being declared unless they are satisfied that the continuation of such restrictions is necessary to minimise the risk of the spread of avian influenza (notwithstanding any continuing restrictions on the movement of other things listed in paragraph (1)).

(3) If the Scottish Ministers maintain restrictions on the movement of mammals beyond 72 hours from when they were originally declared, they must review their decision to impose such restrictions a maximum of 72 hours after they were originally declared, and a maximum of 72 hours after each review.

Additional restrictions at suspect premises

16. -In a notice served under article 13(b), an inspector must-

(a) set out which of the measures set out in Schedule 2 apply; and
(b) specify whether restrictions apply to all poultry and other captive birds on the premises, only to poultry or other captive birds suspected of being infected or to part only of the premises.

Declaration of a temporary control zone around the suspect premises

17. -(1) The Scottish Ministers must in a declaration of a temporary control zone (in relation to premises in such part or parts of the zone as they think fit), impose such measures as they consider necessary to reduce the risk of the spread of avian influenza.

(2) Measures imposed under paragraph (1) may include the measures set out in Schedule 1.

Part 4

Measures on confirmation of highly pathogenic avian influenza at premises other than regulated places

Disapplication of measures to regulated places

18. This Part does not apply to regulated places.

Confirmation of highly pathogenic avian influenza

19. If the Chief Veterinary Officer (Scotland), as a result of a veterinary inquiry established under article 12, or otherwise, forms the opinion that highly pathogenic avian influenza exists, or has in the previous 56 days existed, on any premises, the Chief Veterinary Officer (Scotland) shall inform the Scottish Ministers of that conclusion, and the Scottish Ministers shall confirm the existence of highly pathogenic avian influenza and declare the premises to be infected premises.

Restrictions on confirmation of highly pathogenic avian influenza

20. If the Scottish Ministers confirm highly pathogenic avian influenza on any premises, they shall (by notice served on the occupier or person in charge of the infected premises) impose, in addition to the restrictions and requirements set out in Schedule 1, the restrictions and requirements contained in Schedule 2 .

Tracing of meat and eggs from infected premises

21. -(1) The Scottish Ministers must (subject to paragraph (2)) endeavour to trace from infected premises-

(a) the meat of all poultry slaughtered during the unregulated period of infection;
(b) poultry eggs laid at the premises during that period; and
(c) poultry hatched from such eggs.

(2) The Scottish Ministers need not trace poultry meat or eggs moved from retail premises.

(3) In this article and in article 49, "unregulated period of infection" means the period from the date when, in the opinion of the Chief Veterinary Officer (Scotland), avian influenza may first have been introduced to premises to the date when restrictions were imposed in relation to the premises under article 10.

Destruction and treatment of meat and eggs traced

22. -(1) The Scottish Ministers must ensure that any meat traced from infected premises is destroyed.

(2) The Scottish Ministers must ensure that-

(a) all hatching eggs so traced are destroyed;
(b) the health status of poultry which have already hatched from such eggs is monitored;
(c) all table eggs so traced are disposed of or moved directly to an establishment for the manufacture of egg products in accordance with a licence granted by a veterinary inspector.

(3) A person moving eggs under a licence granted under sub-paragraph (2)(c) must ensure that-

(a) each consignment of eggs is sealed by a veterinary inspector or in accordance with the instructions of a veterinary inspector before dispatch;
(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.

(4) No person shall tamper with a seal attached under sub-paragraph (3)(a) or remove it before the consignment arrives at the designated establishment.

Veterinary inquiry at infected premises

23. The Chief Veterinary Officer (Scotland) must ensure that a veterinary inquiry is carried out at all infected premises.

Identification of contact premises

24. -(1) The Scottish Ministers must serve a notice on the occupier of any premises if they suspect-

(a) that highly pathogenic avian influenza may have been carried there from other premises; or
(b) that highly pathogenic avian influenza may have been carried to other premises from there.

(2) Premises in respect of which a notice is served under this article are contact premises.

Restrictions at contact premises

25. -(1) The provisions of Schedule 1 apply to contact premises until the Scottish Ministers notify the occupier that those restrictions are withdrawn or that the premises are infected premises.

(2) The Scottish Ministers must, in their notice to the occupier of contact premises, and if they consider it necessary to prevent the spread of highly pathogenic avian influenza, require the occupier to comply with the requirements of Schedule 2.

(3) When considering whether to require an occupier to comply with the requirements of Schedule 2, the Scottish Ministers must take at least the following criteria into account-

(a) the existence of any clinical signs of avian influenza in any birds on the contact premises;
(b) the susceptibility to avian influenza of the species of poultry on the contact premises;
(c) any movements of poultry or other captive birds from infected premises to the contact premises after the earliest date a veterinary inspector considers avian influenza may have been introduced to the infected premises;
(d) the density of poultry in the area where the contact premises are located;
(e) the duration of the outbreak of avian influenza and its spread from infected premises;
(f) the proximity of the contact premises to infected premises;
(g) epidemiological links between the contact premises and infected premises; and
(h) the extent to which measures to control the outbreak are working.

(4) When considering the proximity of the contact premises to infected premises under sub-paragraph (3)(f), the Scottish Ministers must give particular consideration to whether they should impose measures on premises which are-

(a) within 500 metres of an infected premises; or
(b) which are 500 metres or more from an infected premises but are in an area with a high density of poultry.

(5) When considering epidemiological links between the contact premises and infected premises, the Scottish Ministers must give particular consideration to whether they should impose measures on premises with links to more than one infected premises.

(6) If the Scottish Ministers require poultry or other captive birds on contact premises to be killed, they must ensure that samples are taken from the dead birds and tested for avian influenza.

Declaration of protection, surveillance and restricted zones

26. -(1) The Scottish Ministers must, on confirmation of highly pathogenic avian influenza on premises in Scotland, declare a protection zone and a surveillance zone around the infected premises.

(2) The Scottish Ministers must, on confirmation of highly pathogenic avian influenza in an area of England any part of which is less than 3 kilometres from Scotland, declare a protection zone and a surveillance zone in Scotland.

(3) The Scottish Ministers must, on confirmation of highly pathogenic avian influenza in an area of England which is more than 3 and up to 10 kilometres from Scotland-

(a) declare a surveillance zone in Scotland; and
(b) declare a protection zone in Scotland if they consider it necessary to prevent the spread of avian influenza.

(4) The Scottish Ministers may declare protection and surveillance zones on confirmation of highly pathogenic avian influenza in an area of England or Wales which is 10 kilometres or more from Scotland.

(5) The Scottish Ministers may, if they consider it necessary to reduce the risk of the spread of highly pathogenic avian influenza, declare restricted zones in addition to protection and surveillance zones.

(6) Paragraphs (1), (2) and (3) do not affect the power of the Scottish Ministers to apply alternative measures under article 31.

Size of zones

27. -(1) A protection zone declared under

(a) paragraph (1) of article 26 must be centred on the infected premises or part of those premises and have a radius of at least 3 kilometres;
(b) paragraphs (2) of article 26 must cover any area in Scotland which is within 3 kilometres of the infected premises or any part of those premises.

(2) A surveillance zone declared under

(a) paragraph (1) of article 26 must be centred on the infected premises or part of those premises and have a radius of at least 10 kilometres;
(b) paragraphs (2) or (3) of article 26 must cover any area in Scotland which is within 10 kilometres of the infected premises or any part of those premises.

(3) A restricted zone may be centred on the infected premises or part of those premises or adjacent to the surveillance zone and be of such size as the Scottish Ministers consider necessary.

(4) The Scottish Ministers must take account of the criteria set out in paragraph (5) when deciding-

(a) what size zones to declare under paragraphs (1), (2) and (3) of article 26; and
(b) whether to declare restricted zones under paragraph (5) of article 26.

(5) The criteria referred to in paragraph (4) are-

(a) the results of veterinary inquiries;
(b) the geographical features of the area around the infected premises;
(c) the location and proximity of other premises containing poultry and other captive birds in the area;
(d) patterns of movement of and trade in poultry and other captive birds in the area;
(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).

(6) Protection zones and surveillance zones declared under paragraph (4) of article 26 must be of such size as the Scottish Ministers consider necessary to reduce the risk of the spread of the disease.

Measures in protection zones

28. -(1) The measures in Schedule 4 apply in respect of a protection zone, subject to paragraphs (2) and (3) and articles 31 and 33.

(2) The Scottish Ministers may, if they have carried out a risk assessment and do not believe that to do so would endanger disease control-

(a) disapply some of the measures set out in Schedule 4 if the premises where avian influenza has been confirmed is a hatchery;
(b) disapply some of those measures to movements of racing pigeons into, from and within the zone;
(c) disapply some of the measures set out in paragraph 15 of Schedule 4 (restrictions on the movement of birds, eggs, poultry meat and carcases) and article 60(3) (restrictions on the transport of meat) if the premises where avian influenza has been confirmed are special category premises.

(3) If the Scottish Ministers decide to disapply any measures under paragraph (2), they must, by declaration, set out which measures are disapplied in the zone.

(4) The Scottish Ministers must (subject to paragraph (5)), ensure that-

(a) premises containing poultry and other captive birds within a protection zone are identified as soon as possible;
(b) a veterinary inspector examines poultry and other captive birds at all such premises, carrying out examinations at commercial premises as soon as possible;
(c) veterinary inquiries continue at all such premises until the end of the protection zone is declared.

(5) The Chief Veterinary Officer (Scotland) may authorise a reduced level of surveillance to that provided for in sub-paragraphs (4)(b) and (c)-

(a) if the premises on which avian influenza is confirmed are special category premises; and
(b) if satisfied that this would not endanger disease control.

Measures in surveillance zones

29. -(1) The measures in Schedule 5 apply in respect of a surveillance zone, subject to paragraphs (2) and (3) and articles 31 and 33.

(2) The Scottish Ministers may, if they have carried out a risk assessment and do not believe that to do so would endanger disease control-

(a) disapply some of the measures set out in Schedule 5 if the premises where avian influenza has been confirmed is a hatchery;
(b) disapply some of those measures to movements of racing pigeons into, from and within the zone;
(c) disapply some of the measures set out in paragraphs 4, 9 and 12 of Schedule 4 (restrictions on the movement of poultry and eggs within and outside the zone and of poultry, other captive birds and mammals of domestic species onto premises) if the premises where avian influenza has been confirmed are special category premises.

(3) If the Scottish Ministers decide to disapply any measures under paragraph (2), they must, by declaration, set out which measures are disapplied in the zone.

(4) The Scottish Ministers must ensure that all commercial poultry premises within a surveillance zone are identified as soon as possible.

Restrictions on export of things from areas where measures have been disapplied

30. No person shall allow any poultry, other captive bird, hatching egg, used litter, manure or slurry from premises in respect of which any of the measures in Schedules 4 or 5 have been disapplied under articles 28 or 29 to be supplied for intra-Community or international trade, unless licensed to do so by the Scottish Ministers.

Alternative measures where avian influenza is confirmed in other captive birds on special category premises

31. -(1) If the Scottish Ministers are satisfied, following confirmation of highly pathogenic avian influenza in other captive birds on special category premises, that applying less stringent measures than those set out in articles 26 to 29 (both inclusive) would not endanger disease control, they may decide-

(a) not to declare any controlled zone around the premises;
(b) to declare fewer zones than required under article 26;
(c) to declare a controlled zone smaller in size than provided for in article 27;
(d) to apply only some of the measures set out in Schedules 4 and 5 in any controlled zone which they declare.

(2) The Scottish Ministers must carry out a risk assessment before reaching a decision under paragraph (1).

Measures in restricted zones

32. -(1) The Scottish Ministers must, in a declaration of a restricted zone, apply such measures as they consider necessary to reduce the risk of the spread of avian influenza.

(2) These measures may include some or all of the measures set out in Schedules 4 and 5 and those referred to in article 33.

Additional biosecurity measures in protection, surveillance and restricted zones

33. -(1) The Scottish Ministers may, if they consider it necessary to reduce the risk of the spread of avian influenza, impose (by declaration) measures additional to those set out in Schedules 4 and 5.

(2) The Scottish Ministers' power to declare additional measures includes the power to prohibit or restrict-

(a) the movement of vehicles or persons involved in feed supply or in the supply of agricultural equipment;
(b) egg collection;
(c) the transport of poultry to slaughterhouses;
(d) the collection of carcases for disposal;
(e) the movement of those working on premises or of veterinarians;
(f) the movement of any person onto any premises (including common, unenclosed and waste land and agricultural buildings), notwithstanding the existence of any public footpath or right of way.

(3) The power to prohibit or restrict movement under paragraph (2)(f) applies only in relation to a protection zone and does not include a power to prohibit or restrict movement onto premises by-

(a) the owner or occupier of the premises;
(b) any person whose principal residence or place of employment is those premises;
(c) an inspector or other officer of the Scottish Ministers or an inspector of the local authority;
(d) a person entering under the authority of a licence granted by a veterinary inspector or by an inspector under the direction of a veterinary inspector;
(e) a person for the provision of emergency services.

(4) An inspector must cause notice of a declaration made in accordance with paragraph (2)(f) ("a prohibition notice") to be displayed at every entrance to the place to which it applies.

Ending of protection, surveillance and restricted zones

34. -(1) The Scottish Ministers may, by declaration, end a protection zone but must not, in the case of a protection zone declared under paragraphs (1), (2) or (3) of article 26 do so until-

(a) at least 21 days have elapsed since the completion of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3; and
(b) a veterinary inspector has carried out inspections at the premises within the zone identified as containing poultry or other captive birds.

(2) On the ending of any protection zone, the area which formed that protection zone becomes part of the associated surveillance zone.

(3) The Scottish Ministers may, by declaration, end a surveillance zone but, in the case of zones declared under paragraphs (1), (2) or (3) of article 26, must not do so until at least 30 days have elapsed since the completion of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3.

(4) The Scottish Ministers may, by declaration, end a restricted zone.

Egg processing plants

35. -(1) The owner or occupier of an egg processing plant to which eggs are sent under paragraph 17(j) of Schedule 4 or paragraph 16(g) of Schedule 5 must ensure that-

(a) the eggs are kept isolated from other eggs at the plant from the time they arrive until they are processed;
(b) the shells of the eggs are disposed of;
(c) the packaging used to transport the eggs is destroyed or cleansed and disinfected;
(d) any person involved in the handling and processing of eggs take appropriate biosecurity measures.

(2) The owner or driver of any vehicle used to transport eggs to an egg processing plant must ensure that it is cleansed and disinfected before the eggs are loaded and after they are unloaded.

(3) Any person involved in the transportation of eggs to an egg processing plant must take appropriate biosecurity measures.

Part 5

Measures on suspicion or confirmation of highly pathogenic avian influenza in regulated places and vehicles

Veterinary measures at regulated places and on vehicles

36. -(1) The Chief Veterinary Officer (Scotland) must, if the Chief Veterinary Officer (Scotland) suspects that highly pathogenic avian influenza exists at any slaughterhouse or in any vehicle or has confirmed that it exists there, ensure that a veterinary inquiry is carried out at the slaughterhouse or in relation to the vehicle.

(2) An inspector who knows or suspects that any poultry or other captive birds in transit are infected or contaminated with avian influenza may serve a notice on the person in charge of the bird-

(a) directing transport of the bird to such premises as the inspector thinks fit; and
(b) requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(3) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Killing of birds in slaughterhouses

37. The Scottish Ministers must ensure that poultry to be killed under paragraph 5 of Schedule 3 to the Act or the Regulations are killed at the slaughterhouse without delay.

Poultry meat and by-products in slaughterhouses

38. -(1) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected must, in accordance with a veterinary inspector's instructions, keep the following separate from other poultry meat and by-products-

(a) poultrymeat from poultry killed or slaughtered under paragraph 5 of Schedule 3 to the Act or the Regulations;
(b) the by-products of the poultry referred to in sub-paragraph (a);
(c) poultrymeat from any other poultry which may have been contaminated at the slaughterhouse;
(d) the by-products of the poultry referred to in sub-paragraph (c).

(2) The occupier of a slaughterhouse where highly pathogenic avian influenza is confirmed must, in accordance a veterinary inspector's instructions, dispose of the things set out in sub-paragraphs (1)(a) to (d) (both inclusive) or assist a veterinary inspector in removing those things from the premises.

Measures at border inspection posts and in vehicles

39. -(1) The Scottish Ministers must ensure that poultry and other captive birds at border inspection posts or in vehicles which are to be killed under paragraph 5 of Schedule 3 to the Act or the Regulations are killed or slaughtered without delay.

(2) The Scottish Ministers must ensure that poultry and other captive birds which are not to be so killed or slaughtered are kept isolated in accordance with a veterinary inspector's instructions.

(3) The Scottish Ministers must, by notice to the occupier of the border inspection post or to the owner or driver of the vehicle, direct where birds specified in the notice are to be killed, slaughtered or isolated.

(4) The Scottish Ministers may, if they consider it necessary, impose (by notice to the occupier of the border inspection post or to the owner or driver of the vehicle), such of the measures set out in Schedule 1 as they consider necessary to reduce the risk of the spread of avian influenza.

(5) The Scottish Ministers may, if they consider it necessary, require a veterinary inquiry to be carried out at a border inspection post where avian influenza is suspected or has been confirmed.

Disposal or removal of things which may be contaminated

40. The occupier of a border inspection post or owner or driver of a vehicle where highly pathogenic avian influenza is confirmed must-

(a) dispose of such things which may be contaminated with avian influenza virus as a veterinary inspector, by notice, requires, in accordance with the notice;
(b) provide such assistance to a veterinary inspector in removing from the border inspection post or vehicle such things as the veterinary inspector may, by notice, reasonably require.

Cleansing and disinfection of regulated places and vehicles

41. -(1) The occupier of any regulated places where highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect those premises and any equipment and vehicles on those premises which may be contaminated in accordance with article 63.

(2) The owner or driver of any vehicle on which highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect the vehicle in accordance with article 63.

Reintroduction of poultry and other captive birds

42. -(1) No person shall reintroduce poultry or other captive birds to a slaughterhouse where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 41 has been carried out.

(2) No person shall reintroduce poultry or other captive birds to a border inspection post where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 41 has been carried out.

(3) No person shall use a vehicle for transporting poultry or other captive birds until an inspector has confirmed that the cleansing and disinfection referred to in article 41 has been carried out .

Measures at other premises

43. -(1) The Chief Veterinary Officer (Scotland) must, if the Chief Veterinary Officer (Scotland) suspects that highly pathogenic avian influenza exists at any slaughterhouse or border inspection post or in any vehicle or has confirmed that it exists there-

(a) apply the measures set out in Schedule 1 to the premises of origin;
(b) apply the measures set out in Schedule 1 to premises which they consider to be suspect premises (because of their epidemiological link with the premises of origin);
(c) apply the measures set out in Schedule 2 to the premises of origin, unless they are satisfied (having considered the results of veterinary inquiries) that this is not necessary.

(2) The Chief Veterinary Officer (Scotland) must apply measures under this article by notice to the occupier of the relevant premises.

(3) In this article, "premises of origin" means any premises from which poultry or other captive birds which may be infected were moved to the slaughterhouse or border inspection post or onto the vehicle.

Part 6

Measures on confirmation of low pathogenic avian influenza

Confirmation of highly pathogenic avian influenza

44. If the Chief Veterinary Officer (Scotland), as a result of a veterinary inquiry established under article 12, or otherwise, forms the opinion that low pathogenic avian influenza exists, or has in the previous 56 days existed, on any premises, the Chief Veterinary Officer (Scotland) shall inform the Scottish Ministers of that conclusion, and the Scottish Ministers shall confirm the existence of low pathogenic avian influenza and declare the premises to be infected premises.

Measures when low pathogenic avian influenza is confirme ^d

45. -(1) If the Scottish Ministers confirm low pathogenic avian influenza on any premises other than regulated places, they must-

(a) apply (by notice to the occupier of the premises) such of the measures set out in Part 1 of Schedule 6 as they consider necessary to reduce the risk of the spread of avian influenza; and
(b) ensure that a veterinary inquiry is carried out at the premises.

(2) The Scottish Ministers must not permit any movement otherwise prohibited under Part 1 of Schedule 6 unless they are satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.

(3) In reaching a decision under paragraph (2), the Scottish Ministers must, in particular, take into account the criteria set out in Part 2 of Schedule 6.

(4) An inspector who knows or suspects that any poultry or other captive bird in transit is infected or contaminated with avian influenza may serve a notice on the person in charge of the bird-

(a) directing transport of the bird to such premises as the inspector thinks fit; and
(b) requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(5) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Movement of eggs from premises where low pathogenic avian influenza is confirmed

46. -(1) If the Scottish Ministers direct that poultry on any premises where low pathogenic avian influenza is confirmed are to be slaughtered at a slaughterhouse, they must not license the movement of eggs off the premises prior to the poultry being sent for slaughter unless they are satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

(2) The Scottish Ministers may only license the movement of such eggs-

(a) to a packing centre, in disposable packaging;
(b) to an establishment for the manufacture of egg products; or
(c) for disposal.

Veterinary surveillance of poultry

47. The Scottish Ministers must ensure that any premises where poultry are kept before being sent to a slaughterhouse under paragraph 5 of Schedule 3 or the Regulations are kept under veterinary surveillance.

Veterinary surveillance of birds on special category premises

48. The Scottish Ministers must ensure that birds on special category premises which are not killed under paragraph 5 of Schedule 3 or the Regulations are monitored for avian influenza.

Tracing of poultry and eggs

49. -(1) The Scottish Ministers must endeavour to trace from premises where low pathogenic avian influenza has been confirmed-

(a) hatching eggs from poultry laid during the unregulated period of infection; and
(b) poultry hatched from eggs laid during that period.

(2) The Scottish Ministers need not trace poultry meat or eggs moved from retail premises.

(3) The Scottish Ministers must ensure that eggs and poultry so traced are placed under official surveillance.

Identification of contact premises

50. (1) The Scottish Ministers must serve a notice on the occupier of any premises (other than regulated places) if they suspect-

(a) that low pathogenic avian influenza may have been carried there from other premises; or
(b) that low pathogenic avian influenza may have been carried to other premises from there.

(2) Premises in respect of which a notice is served under this article are contact premises for the purposes of this Part.

Restrictions at contact premises

51. -(1) The provisions of Schedule 1 apply to contact premises until the Scottish Ministers notify the occupier that those measures no longer apply.

(2) The Scottish Ministers must, in their notice to the occupier of contact premises (and if they consider it necessary to prevent the spread of low pathogenic avian influenza), require the occupier to comply with the requirements of Schedule 6.

(3) When considering whether to require an occupier to comply with the requirements of Schedule 6, the Scottish Ministers must take into account at least the criteria set out in paragraph (3) of article 25, as read with paragraphs (4) and (5) of article 25.

(4) If the Scottish Ministers require poultry or other captive birds on contact premises to be killed, they must ensure that samples are taken from the dead birds and tested for avian influenza.

Declaration of a low pathogenic avian influenza restricted zone

52. -(1) The Scottish Ministers must, on confirmation of low pathogenic avian influenza on premises other than regulated places in Scotland (and subject to paragraph (4)), declare a low pathogenic avian influenza restricted zone around the infected premises.

(2) The Scottish Ministers must, on confirmation of low pathogenic avian influenza in an area of England which is less than 1 kilometre from Scotland, declare a low pathogenic avian influenza restricted zone in Scotland.

(3) The Scottish Ministers may declare a low pathogenic avian influenza restricted zone on confirmation of low pathogenic avian influenza in an area of England or Wales which is 1 kilometre or more from Scotland.

(4) The Scottish Ministers may, on the basis of a risk assessment, decide not to declare a low pathogenic avian influenza restricted zone if the premises where low pathogenic is confirmed are-

(a) a hatchery; or
(b) special category premises.

Size of zones

53. (1) A low pathogenic avian influenza restricted zone declared under article 52(1) must be centred on the infected premises or part of those premises and have a radius of at least 1 kilometre.

(2) A low pathogenic avian influenza restricted zone declared under article 52(2) must cover any area in Scotland which is within 1 kilometre of the infected premises or any part of those premises.

Measures in low pathogenic avian influenza restricted zones

54. -(1) The measures in Schedule 7 apply in respect of a low pathogenic avian influenza restricted zone, subject to paragraphs (2) and (3).

(2) The Scottish Ministers may, if they have carried out a risk assessment and do not believe that to do so would endanger disease control, disapply some or all of the measures set out in Schedule 7 if the premises where avian influenza has been confirmed is a hatchery or special category premises.

(3) If the Scottish Ministers decide to disapply any measures under paragraph (2), they must, by declaration, set out which measures are disapplied in the zone.

(4) The Scottish Ministers may, if they consider it necessary to reduce the risk of the spread of avian influenza, impose (by declaration) measures additional to those set out in Schedule 7.

(5) The Scottish Ministers must ensure that-

(a) commercial premises in the zone containing poultry or other captive birds are identified as soon as possible;
(b) tests for avian influenza are carried out on commercial poultry premises within a radius of at least 1 kilometre of the infected premises or part of the premises.

Part 7

Measures to reduce the risk of the spread of influenza viruses of avian origin to other species

Tests on animals at premises where avian influenza is confirmed

55. -(1) The Scottish Ministers must ensure that any pigs kept on premises where avian influenza is confirmed are tested for infection with influenza virus of avian origin.

(2) The Scottish Ministers may, if they think it necessary to prevent the spread of avian influenza, require such tests to be carried out on other mammals kept on the premises.

Killing of mammals

56. -(1) Influenza virus of avian origin is hereby specified for the purposes of section 32(2) of the Act.

(2) The Scottish Ministers must ensure that pigs to be killed under section 32 of the Act are-

(a) killed as soon as possible, in accordance with a veterinary inspector's instructions;
(b) transported in accordance with a veterinary inspector's instructions (if they are moved off the premises for slaughter).

(3) The Scottish Ministers may also require the killing of other mammals infected with influenza virus of avian origin which they consider to be a serious threat to animal or human health.

Movements off the premises

57. -(1) No person shall (subject to paragraph (2)) move any mammal tested under article 55 off the premises until a veterinary inspector has confirmed that the mammal is not infective and licenses the movement.

(2) A veterinary inspector may license the following movements of pigs and other mammals in which infection with influenza virus of avian origin is confirmed-

(a) pigs to other premises where pigs are kept;
(b) other mammals to other premises;
(c) pigs or other mammals to a slaughterhouse.

(3) A veterinary inspector must not license any movement under paragraph (2) unless satisfied (as a result of further tests on the animals) that the movement would not significantly increase the risk of the spread of avian influenza or influenza virus of avian origin.

Measures at other premises

58. -(1) The Scottish Ministers may, after carrying out a risk assessment and by notice to the occupier of contact premises, impose such of the requirements set out in articles 55, 56 and 57 as they consider necessary.

(2) Premises where influenza virus of avian origin may have been carried from premises where the virus has been confirmed or from where the virus may have been carried to the latter are contact premises for the purposes of this Part.

Additional measures to control the spread of virus in mammals

59. The Scottish Ministers may, if they consider it necessary to reduce the risk of the spread of avian influenza or influenza virus of avian origin in mammals-

(a) require surveillance to be carried out on any premises; and
(b) impose (by declaration or by notice to the occupier of any premises) such measures additional to those set out in articles 55 to 58 (both inclusive) as they consider necessary.

Part 8

General measures on suspicion or confirmation of avian influenza

Treatment, labelling and movement of meat from poultry from a protection zone

60. -(1) The occupier of a slaughterhouse within or outside a protection zone to which poultry from premises in a protection zone are sent must ensure that-

(a) the poultry are kept separate from other poultry;
(b) the poultry are slaughtered separately or at different times from other poultry; and
(c) the part of the slaughterhouse and any equipment and any other thing which has been used for the slaughter or subsequent processing of the poultry are cleansed and disinfected in accordance with a veterinary inspector's instructions before other poultry are slaughtered.

(2) The Scottish Ministers must ensure that poultry sent to a slaughterhouse in accordance with paragraph (1) are examined on arrival and after slaughter.

(3) No person shall move poultry meat from any slaughterhouse, cutting plant or cold store in a protection zone unless the poultry from which it was produced-

(a) originated outside a protection zone and meat from it is stored and transported separately from meat produced from poultry originating in a protection zone; or
(b) the poultry meat was produced at least 21 days before the date a veterinary inspector estimates as the date of earliest infection at premises in the protection zone and has been stored and transported separately from meat produced after that date.

(4) Poultry meat from poultry originating in the protection zone must-

(a) not be supplied for intra-Community or international trade;
(b) be marked in accordance with the Scottish Ministers' instruction ^s and in accordance with Directive 2002/99/ EC;
(c) be obtained, cut, stored and transported separately from meat intended for intra-Community or international trade;
(d) not be used in meat products intended for intra-Community or international trade unless-
(i) it is obtained, cut, transported and stored separately from poultry meat intended for such trade; and
(ii) been treated in accordance with the Scottish Ministers' instruction ^s.

(5) Poultry originating outside a protection zone must be kept separate from poultry originating within a protection zone, and slaughtered separately or at different times from other poultry.

(6) Poultry meat from poultry originating outside a protection zone must be cut, transported and stored separately from poultry meat from poultry originating in such a zone.

Poultry and eggs moved to premises outside controlled zones other than for slaughter

61. -(1) The occupier of any premises not in a protection zone or a surveillance zone to which day old chicks hatched from eggs originating in such a zone are moved must ensure that they are not moved off the premises for at least 21days from the date they arrive there.

(2) The occupier of any premises not in a protection zone or a surveillance zone to which ready to lay poultry from a protection zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrive there.

(3) The occupier of any premises outside a low pathogenic avian influenza restricted zone to which poultry (including day old chicks) are moved from such a zone must ensure that the poultry are not moved off the premises for at least 21 days from the date they arrived there.

(4) The Scottish Ministers must ensure that such veterinary surveillance as they consider necessary to monitor for avian influenza take place at the premises to which things are moved.

Records at premises to which things are moved

62. -(1) The occupier of any premises to which any thing is moved under article 61 must, for at least 21 days from the date the thing was moved to the premises, maintain the following records-

(a) the number or approximate number of poultry (if any) on the premises;
(b) the number of poultry falling ill on the premises;
(c) the number of poultry dying on the premises;
(d) the amount of feed and, where possible, water being consumed by any poultry on the premises;
(e) any egg production on the premises,

and report any abnormalities to the Divisional Veterinary Manager.

(2) The occupier of commercial poultry premises must ensure that records made under paragraph (1) are kept for at least 6 weeks from the date the last record was made.

Cleansing, disinfection and treatment

63. -(1) Any person who is required under this Order to cleanse, disinfect or treat any premises (other than regulated places) or any thing (including any vehicle) on those premises must do so in accordance with Schedule 3.

(2) Any person who is required under this Order to cleanse, disinfect or treat regulated places, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with a veterinary inspector's instructions.

(3) A veterinary inspector may, by notice on the occupier of premises referred to in paragraph (1) or to the owner or driver of any vehicle on such premises, provide that part of the premises the subject of that notice and which would otherwise be subject to the requirements of Schedule 3 are subject instead to the requirements of paragraph (2).

(4) Any person who is required to disinfect under this Order must-

(a) use disinfectants authorised by the Scottish Ministers under the Diseases of Animals (Approved Disinfectants) Order 1978( ^a);
(b) use them at the concentrations approved under that Order; and
(c) use them in accordance with manufacturer's instructions (if any), (or, if a veterinary inspector has instructed otherwise, in accordance with the instructions of the veterinary inspector).

(5) A veterinary inspector must, by notice to the occupier of any premises or to the owner or driver of any vehicle, require the destruction of any thing which may be contaminated with avian influenza virus and which the veterinary inspector considers cannot be cleansed, disinfected or treated.

(6) A veterinary inspector may, by notice to the occupier of any premises where avian influenza has been confirmed-

(a) prohibit the keeping of poultry or other captive birds on the premises or on any part of the premises where the veterinary inspector believes avian influenza virus may still exist; and
(b) prohibit the entry of any person, vehicle, poultry, other captive bird, mammal or thing onto any premises or part of premises which the veterinary inspector believes cannot be cleansed and disinfected.

(7) The Scottish Ministers must ensure that a prohibition under sub-paragraph (6)(b) must remain in force for at least 12 months from the date it was notified to the occupier of the premises.

Restocking premises

64. No person shall restock (unless licensed by a veterinary inspector)-

(a) premises on which poultry or have been killed under paragraph 5 of Schedule 3 to the Act or the Regulations; or
(b) premises from which poultry have been sent for slaughter under paragraph 5 of Schedule 3 to the Act or the Regulations.

(2) A veterinary inspector must not license the restocking of commercial poultry premises until at least 21 days after the date final cleansing and disinfection was completed at the premises in accordance with Part 2 of Schedule 3.

Surveillance at restocked commercial poultry premises

65. -(1) The Scottish Ministers must ensure that the following measures are taken no later than 21 days after the last date on which poultry are brought onto commercial poultry premises or part of those premises for restocking-

(a) the clinical examination of any poultry on the premises by a veterinary inspector;
(b) samples taken from such poultry are laboratory tested for avian influenza;
(c) the testing for avian influenza of such poultry which die on the premises as a veterinary inspector considers necessary.

(2) A veterinary inspector who examines poultry under sub-paragraph (1)(a) may carry out more than one examination of the birds and shall ensure that the veterinary inspector carries out at least one examination as close as possible to the end of the 21 day period referred to in paragraph (1).

Additional measures at restocked commercial poultry premises

66. -(1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, maintain the following records-

(a) the number or approximate number of poultry on the premises;
(b) the number of poultry falling ill on the premises;
(c) the number of poultry dying on the premises;
(d) the amount of feed and, where possible, water being consumed by poultry on the premises;
(e) egg production on the premises.

(2) The occupier of commercial poultry premises must ensures that records made under paragraph (1) are kept for at least 6 weeks from the date the last record was made.

(3) The occupier shall ensure that any abnormalities are reported to the Divisional Veterinary Manager.

Restocking measures at other premises

67. -(1) The Scottish Ministers may (having carried out a risk assessment and by notice to the occupier of the premises) apply the measures set out in articles 65 and 66 following the restocking of other premises where poultry or other captive birds are kept and to other captive birds on commercial poultry premises.

(2) If the Scottish Ministers apply such measures, articles 65 and 66 must be read as applying to such birds and to such premises as the Scottish Ministers state in the notice.

Duty to provide reasonable assistance

68. Any person required to give reasonable assistance or information to a person executing this Order must, unless the person has reasonable cause, do so without delay.

Provision of information

69. No person shall furnish information which the person knows to be false or misleading to a person executing this Order.

Records of movements authorised by general licence

70. Any person moving poultry, other captive birds or their products under a general licence granted under this Order must keep a record of the date of the movement and the registration of any vehicle used, for at least six weeks after the date of the movement.

Retention and production of records

71. -(1) A person who is required by this Order to keep a record must-

(a) retain it for at least twelve months from the date the record is made (unless otherwise required under this Order); and
(b) produce it on demand to an inspector and provide the inspector with copies if required.

(2) An inspector may enter any premises for the purpose of inspecting any records required to be kept under this Order and may copy any such records (in whatever form they are held), take them away and require any computer records to be produced in a form which can be taken away.

Duty to comply with declarations, licences and notices

72. Any person to whom any requirement in a declaration, licence or notice under this Order applies must-

(a) comply with the requirement (unless authorised otherwise by licence); and
(b) comply with any reasonable requests which an inspector may make to that person to ensure that the requirement is met.

Costs of compliance

73. The costs incurred by any person in taking any action required by, or of refraining from taking action prohibited by, this Order (or of any declaration, licence or notice under it) must be met by that person unless the Scottish Ministers direct otherwise in writing.

Killing of birds and destruction of things which may be contaminated

74. -(1) Before causing poultry or other birds to be killed under paragraph 5 of Schedule 3 to the Act or the Regulations, the Scottish Ministers must give notice of their intention to do so to the occupier of the premises where the birds are kept or to their keeper.

(2) Before causing the seizure of any thing under the Diseases of Animals (Seizure) Order 1993(), the Scottish Ministers must give notice of their intention to do so-

(a) to the occupier of the premises where the thing is kept; or
(b) to the owner or keeper of the thing.

Duty of the local authority to erect signs

75. The local authority must, if reasonably practicable, ensure that the boundaries of controlled zones are indicated by signs erected in a conspicuous positions on roads entering the zones on which poultry are likely to be moved.

Part 9

Inspection, enforcement, offences, amendments and revocations

Inspection of vehicles

76. (1) If each of the conditions in paragraph (2) is satisfied, an inspector may stop, detain and inspect any vehicle to ascertain whether the provisions of this Order or the Regulations or of any licence, declaration or notice under this Order or the Regulations, are being complied with.

(2) The conditions are that-

(a) the vehicle is in a controlled zone (before it is ended or becomes part of another zone); and
(b) that the inspector is accompanied by a constable in uniform.

Change of occupation of premises under restriction

77. This article applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of the keeper's right of occupation because of a movement restriction imposed by or under this Order and continues to apply for seven days after any such restriction has been removed.

(1) Where this article applies, the person entitled to occupation of the premises on that termination shall-

(a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and
(b) allow entry to the premises to that keeper and any person authorised by the keeper at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.

(2) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, the person entitled to occupation of the premises shall take such steps as are necessary to ensure it is properly fed and tended.

(3) The keeper of the poultry, other captive bird or mammal is liable to pay the reasonable costs incurred under this article by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Veterinary investigations

78. -(1) A person who enters premises under this Order or under sections 63, 64 or 64A of the Act for the purposes of a veterinary inquiry, clinical examination, survey or other investigation must carry out such examinations and tests and take such samples (including live birds, live mammals and carcases) as that person considers necessary and may-

(a) mark, or cause to be marked, for identification purposes any bird, mammal, carcase or other thing; and
(b) count birds and mammals.

(2) If the person carrying out an investigation suspects that avian influenza exists or has existed on the premises, that person must seek to establish-

(a) the length of time avian influenza or influenza virus of avian origin may have existed on the premises or on any vehicle,
(b) the possible origin of avian influenza or influenza virus of avian origin on the premises,
(c) which premises may have been exposed to contamination by avian influenza or influenza virus of avian origin from the same origin or from the premises under investigation, and
(d) the extent to which avian influenza or influenza virus of avian origin may have been carried to or from the premises under investigation by the movement of birds, people, animals, vehicles, eggs, meat, carcases, implements or any other thing.

(3) A person who enters premises for the purposes of surveillance under article 7 may re-enter the premises to investigate any inconclusive findings of the survey.

(4) The occupier or person in charge of the premises under investigation and any person appearing to the person carrying out the investigation to have charge of birds or mammals on the premises must provide such assistance as the person carrying out the inquiry may reasonably require.

(5) No person shall deface, obliterate or remove any mark applied under sub-paragraph (1)(a) except with the written authority of a veterinary inspector.

(6) Any person who carries out an investigation under this Order must keep a record of the dates on which that person visits premises, of that person's findings at the premises, and of any action the person has required the occupier or person in charge of the premises to take.

(7) The Scottish Ministers must take account of veterinary inquiries when deciding what requirements and restrictions to impose under this Order.

General powers of inspectors

79. -(1) An inspector who enters premises under this Order may take with that person for any purpose relating to its execution and enforcement such persons and things as the inspector considers necessary.

(2) Any person who so assists may return to the premises unaccompanied to take any further steps necessary to ensure the execution or enforcement of this Order.

(3) An inspector of a local authority is hereby authorised for the purposes of section 64 of the Act.

Powers of inspectors in case of default

80. -(1) If any person fails to comply with a requirement of this Order or of a declaration, licence or notice under it, an inspector may take such steps the inspector considers necessary to ensure the requirement is met.

(2) In taking steps under this article, an inspector may direct any person to take or refrain from specified action in respect of any place, animal, bird, vehicle, or other thing.

(3) Any steps taken under this article are without prejudice to proceedings for an offence arising out of the default.

(4) The person in default must reimburse any reasonable expenses incurred by the Scottish Ministers or the local authority in taking such steps.

Offences by bodies corporate

81. -(1) If an offence under the Act committed by a body corporate is shown-

(a) to have been committed with the consent or connivance of an officer; or
(b) to be attributable to any neglect on the officer's part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.

(3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(4) "Body corporate" includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.

Defence of ignorance of restriction or requirement

82. No person shall be guilty of failing to comply with a restriction or requirement applying in a controlled zone if that person satisfies the court that the person did not know of the restriction or requirement and that the person could not with reasonable diligence have obtained knowledge of it.

Enforcement

83. -(1) The local authority must, subject to paragraph (2), enforce this Order.

(2) The Scottish Ministers may, in relation to particular cases or cases of a particular description, direct that they will enforce this Order.

Revocations and amendments

84. -(1) The provisions of the Diseases of Poultry (Scotland) Order 2003( ^a) are revoked insofar as they apply to avian influenza.

(2) In article 2 of the Diseases of Animals (Approved Disinfectants) Order 1978( ^b), the definition of "Diseases of Poultry Order" is substituted by-

ì "Diseases of Poultry Order" means the Diseases of Poultry (Scotland) Order 2003 and the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006;î.

A member of the Scottish Executive

St Andrew's House,
Edinburgh
2006

Measures where avian influenza is suspected on premises

Record of poultry, other captive birds and mammals

1. The occupier must make and update daily a record of poultry, other captive birds and mammals of domestic species on the premises showing, for each species-

(a) the number or approximate number alive;
(b) the number or approximate number which have died;
(c) the number or approximate number which show clinical signs of avian influenza;
(d) the number or approximate number which are likely to be infected.

Housing or isolation of poultry and other captive birds

2. The occupier must ensure that poultry and other captive birds are-

(a) housed; or
(b) kept isolated (if, in the view of a veterinary inspector, housing is impractical or would adversely affect the birds' welfare to an significant degree). The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on movement of poultry and other captive birds to and from the premises

3. No person shall move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

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

4. No person may remove from the premises any carcase, poultry meat (including offal), poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza, unless that person is licensed to be so by a veterinary inspector.

Prohibition on movement of persons, animals and vehicles to or from the premises

5. No person shall move to or from the premises and no person shall move any mammal of domestic species, vehicle or equipment to or from the premises unless the movement is licensed by a veterinary inspector.

Restrictions on the movement of eggs

6. No person shall move any eggs from the premises except, under the authority of a licence granted by a veterinary inspector-

(a) directly to an establishment for the manufacture of egg products; or
(b) for disposal.

7. A person moving eggs under paragraph 6(a) must ensure that-

(a) each consignment of eggs is sealed by a veterinary inspector or in accordance with the instructions of a veterinary inspector before dispatch; and
(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded;

8. No person shall tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at the designated establishment.

Disinfection at entrances and exits

9. 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 poultry or other captive birds( ^a).

Schedule 2 Articles [ ]

Measures on premises where highly pathogenic avian influenza is confirmed

Slaughter and seizure

1. The occupier must give all reasonable assistance to a veterinary inspector exercising the duties of a veterinary inspector in relation to the killing of poultry and other captive birds under the Regulations or under paragraph 5 of Schedule 3 to the Act and to the seizure of any thing seized under the Diseases of Animals (Seizure) Order 1993( ^b).

Movements onto and from the premises

2. No person shall move other captive birds or mammals of domestic species (other than pet mammals which only have access to a part of the premises where people live) onto or off the premises unless licensed to do so by a veterinary inspector.

Measures to minimise the risk of spread of avian influenza to wild birds

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

Disposal of carcases and eggs

4. The occupier must ensure that all carcases and eggs not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions.

Tracing

5. The occupier must give all reasonable assistance to a veterinary inspector in the tracing of poultry and poultry eggs from the premises.

Cleansing and disinfection

6. The occupier must cleanse and disinfect the premises in accordance with article 63 and Schedule 3.

Restocking

7. The occupier must not restock the premises except in accordance with article 64.

Cleansing and disinfection of premises other than regulated places and of any thing (including any vehicle) on those premises

Part 1

General procedures for cleansing, disinfection and treatment

1. A person carrying out cleansing, disinfection and treatment (including measures to destroy rodents and insects) must do so in accordance with any instructions given by a veterinary inspector.

2. A person using a disinfectant or degreasing agent under this Order must ensure that they are used as effectively as possible and must, in particular, give consideration to the following in deciding which products to use and how to use them-

(a) the nature of the premises to be cleansed or disinfected;
(b) the type of vehicle or other thing to be cleansed or disinfected;
(c) any instructions from the manufacturer of the product (or of a veterinary inspector) as to pressure, minimum temperature and required contact time.

3. A person cleansing and disinfecting under this Order must ensure that-

(a) bedding, litter and faecal matter are thoroughly soaked with disinfectant;
(b) equipment and installations which would otherwise impair effective cleansing and disinfecting are, where possible, removed or dismantled and either cleansed and disinfected or destroyed (if this is considered necessary by the person carrying out the cleansing and disinfecting or is required by a veterinary inspector);
(c) the ground, any floors, ramps and walls are washed and cleansed by thorough brushing and scrubbing.

4. A person washing with liquids applied under pressure must avoid recontaminating areas or parts previously cleansed.

5. A person carrying out a cleansing or disinfecting procedure must ensure that a written record of that procedure is made, showing the date and time the procedure took place.

6. A person who makes such a record must keep it at the premises (or, if that person is a person in charge of a vehicle and the procedure involved cleansing or disinfecting that vehicle, with the vehicle).

Part 2

Specific procedures for the cleansing and disinfecting of infected premises

1. This Part applies to the cleansing and disinfecting of infected premises except to the extent that its requirements are varied by a veterinary inspector.

Preliminary cleansing and disinfecting

2. Cleansing and disinfecting must be carried out during and after the killing of poultry or other captive birds by an inspector or in accordance with an inspector's instructions.

3. A person carrying out a cleansing or disinfection procedure must take all appropriate measures to reduce the risk of avian influenza virus spreading and must, in particular-

(a) use appropriate equipment;
(b) wear protective clothing (which should be cleansed and disinfected or disposed of after use);
(c) take a shower immediately after cleansing and disinfecting;
(d) turn off the power supply to any ventilation system.

4. Following killing-

(a) carcases must be sprayed with disinfectant;
(b) the transport from the premises for disposal of carcases and of any tissue and blood spilled during killing or post-mortem examination must be in closed, leak-proof containers;
(c) the following parts of the premises must be sprayed with disinfectants as soon as the killed poultry and other captive birds have been removed-
(i) parts where the poultry or other captive birds were housed;
(ii) parts contaminated during the killing of the poultry or other captive birds;
(iii) parts contaminated during any post-mortem examination.
(d) any tissue or blood spilled during the killing or any post-mortem must be collected and disposed of with the killed poultry or other captive birds;
(e) disinfectant must not be removed for at least 24 hours.

Final cleansing and disinfecting

5. Manure and used bedding must be treated in accordance with Part 3 of this Schedule.

6. All surfaces must be subjected to the following procedures-

(a) grease and dirt must be removed from them by the application of a degreasing agent;
(b) they must then be cleansed with water;
(c) they must be washed with cold water, following which disinfectant shall be applied;
(d) they must again be treated with a degreasing agent, rinsed with water, sprayed with disinfectant and rinsed again with water.

Part 3

Disinfection of contaminated litter, manure and slurry

1. Manure and bedding must-

(a) be steam treated at a temperature of at least 70°C; or
(b) be destroyed by burning; or
(c) be buried deep enough to prevent access by wild birds and animals; or
(d) be stacked to heat, sprayed with disinfectant and left for at least 42 days.

2. Slurry must be stored for at least 60 days after the last addition of infectious material unless (in the case of slurry which has been treated in accordance with a veterinary inspector's instructions) a veterinary inspector authorises a shorter storage period.

3. Manure, litter and bedding which may be contaminated may, if licensed by a veterinary inspector, be moved -

(a) to a treatment plant carrying out procedures for the destruction of avian influenza virus;
(b) for storage prior to destruction; or
(c) to such other place as the veterinary inspector may license.

4. The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with a veterinary inspector's instructions.

Schedule 4 Articles [ ]

Measures in a protection zone

Record keeping and duty to inform the Scottish Ministers of birds' change in health

1. The owner or occupier of any premises at which anything likely to spread the avian influenza virus is situated must keep a record of the date any person visits the premises (unless the visit is only to a part of the premises where people live).

2. The owner or occupier of any such premises must keep a record of all poultry entering or leaving those premises.

3. Every person who is engaged in the transport or marketing of poultry or poultry eggs must keep a record of all poultry and poultry eggs transported or marketed by that person.

4. The records referred to in paragraphs (2) and (3) above must include-

(a) the quantity and description (including species of poultry and type of egg) transported or marketed;
(b) in the case of movement from premises-
(i) the date of the movement off the premises;
(ii) the premises of destination (if known);
(iii) the name and address of the person to whom ownership or possession is being or has been transferred;
(c) in the case of movement onto premises-
(i) the date of the movement on to the premises;
(ii) the premises from which the movement originated (if known);
(iii) the name and address of the person from whom ownership or possession is being or has been transferred;
(d) in the case of marketing without an associated movement, the name and address of the person to whom and the date on which ownership was transferred;
(e) the identity and address of any such person.

5. Paragraphs 1 and 3 do not apply to-

(a) the retail distribution of eggs and movements subsequent to such distribution; or
(b) the movement of people to zoos, wildlife parks or (unless required by the Scottish Ministers) any other premises open to the public, provided the public has no access to any area where birds are kept.

6. The occupier of any premises in the protection zone must maintain the following records-

(a) the number or approximate number of poultry (if any) on the premises;
(b) the number of poultry falling ill on the premises;
(c) the number of poultry dying on the premises;
(d) the amount of feed and, where possible, water being consumed by any poultry on the premises;
(e) any egg production on the premises ^.

Isolation of poultry and other captive birds

7. The occupier of premises where poultry or other captive birds are kept must ensure that they are-

(a) housed; or
(b) kept isolated (if, in the view of a veterinary inspector, housing is impractical or would adversely affect the birds' welfare to a significant degree).

8. If birds are kept isolated but not housed, the occupier must take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

9. -(1) No person shall (subject to subparagraph 2) move poultry, other captive birds or mammals of domestic species from or to premises within the zone, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to pet animals which-

(a) only have access to a part of the premises where people live;
(b) have no contact with poultry or other captive birds on the premises; and
(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Disposal of carcases

10. The occupier must ensure that all carcases are disposed of as soon as possible.

Biosecurity measures

11. The occupier and any person entering or leaving premises where poultry or other captive birds are kept must-

(a) take appropriate biosecurity measures to reduce the risk of the spread of avian influenza to or from the premises; and
(b) comply with any biosecurity requirements which a veterinary inspector, by notice, imposes.

Litter, poultry manure and slurry

12. (1) Subject to subparagraph (2), no person shall remove from premises in the protection zone or spread used litter, poultry manure or slurry unless licensed to do so by a veterinary inspector.

(2) A veterinary inspector may licence the movement of manure or slurry for treatment to destroy an avian influenza virus in accordance with Regulation ( EC) 1774/2002, and any such licence shall include conditions that appropriate bio-security measures are taken.

Gatherings of poultry

13. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering.

Restocking of game

14. No person shall release poultry for the purpose of restocking game.

Restrictions on the movement and transport of birds, eggs, poultry meat and carcases within the zone

15. Subject to paragraph 16, no person shall move any poultry, other captive birds, eggs or carcases within the protection zone unless-

(a) the movement is set out in paragraph 17;
(b) the movement is direct;
(c) the movement is licensed by a veterinary inspector;
(d) that person complies with the biosecurity conditions set out in that licence; or
(e) the movement involves only the retail distribution of eggs or is a movement subsequent to such distribution.

16. Poultry and eggs may be transported through the protection zone on a major highway or railway if no stop is made within the zone.

17. The movements referred to in paragraph 15(a) are the following-

(a) poultry from premises in the protection zone for immediate slaughter at a slaughterhouse (if the requirements of paragraph 18 and any additional licence conditions are met);
(b) poultry meat within the protection zone (if the requirements of paragraph 19 and any additional licence conditions are met);
(c) poultry meat to a slaughterhouse within the protection zone from premises outside the zone (if the requirements of paragraph 20 and any additional licence conditions are met);
(d) day old chicks hatched within the protection zone from eggs produced in the zone from premises in the zone (if the requirements of paragraph 21 and any additional licence conditions are met);
(e) day old chicks hatched within the protection zone from eggs originating outside the protection zone and the surveillance zone (if the requirements of paragraph 22 and any additional licence conditions are met);
(f) ready to lay poultry to premises where no poultry are kept (if the requirements of paragraph 23 and any additional licence conditions are met);
(g) hatching eggs to a hatchery in the zone (if any licence conditions are met);
(h) hatching eggs to a hatchery outside the zone (if the requirements of paragraph 24 and any additional licence conditions are met);
(i) eggs to a packing centre (if the requirements of paragraph 25 and any additional licence conditions are met);
(j) eggs to premises for the manufacture of egg products (if any licence conditions are met);
(k) eggs for disposal (if any licence conditions are met);
(l) carcases for disposal (if any licence conditions are met).

Requirements for the transport of poultry from premises in the zone for immediate slaughter at a slaughterhouse

18. Poultry must not be moved unless the following requirements are met-

(a) a veterinary inspector must have clinically examined poultry at the premises a maximum of 24 hours before they leave the premises; and
(b) the poultry are transported in vehicles sealed by a veterinary inspector or in accordance with the instructions of a veterinary inspector.

Requirements for the movement of poultry meat from poultry sent to the slaughterhouse from premises within the zone

19. Poultry meat must not be moved unless it meets the requirements of article 60.

Requirements for the movement of poultry to a slaughterhouse within the zone from premises outside the zone

20. Poultry must not be moved unless they are kept separate from poultry originating within the zone and are subsequently slaughtered separately or at different times from other poultry.

Requirements for the movement of day old chicks hatched within the zone from eggs produced in the zone from premises in the zone

21. Day old chicks must not be moved unless they are transported in vehicles sealed by a veterinary inspector or in accordance with the instructions of a veterinary inspector.

Requirements for the movement of day old chicks hatched within the zone from eggs originating outside the zone

22. Day-old chicks from eggs originating outside the protection and surveillance zones must not be transported unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day old chicks from within the zone.

Requirements for the movement of ready to lay poultry

23. Ready to lay poultry must not be moved from premises within the zone unless-

(a) poultry and other captive birds at the premises have been clinically examined by a veterinary inspector; and
(b) the ready to lay poultry are transported in vehicles sealed by the veterinary inspector or in accordance with the instructions of a veterinary inspector.

Requirements for the movement of hatching eggs to a hatchery outside the zone

24. Hatching eggs must not be moved to a hatchery outside the zone unless-

(a) a veterinary inspector has examined the flocks from which the eggs derive and does not suspect avian influenza in those flocks;
(b) the eggs and their packaging are disinfected before dispatch, and it is possible to trace them back to their premises of origin; and
(c) the eggs are transported in vehicles sealed by a veterinary inspector or in accordance with the instructions of a veterinary inspector.

Requirements for the movement of table eggs to a packing centre

25. Table eggs must not be moved to a packing centre unless-

(a) they are packed in disposable packaging; and
(b) any person transporting the eggs complies with any biosecurity requirements laid down by a veterinary inspector.

Requirements at slaughterhouses

26. The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 60 are met.

Requirements for poultry meat

27. Poultry meat from poultry originating in the zone is subject to the requirements set out in article 60(4 ).

28. Poultry meat from poultry originating outside the zone is subject to the requirements set out in article 60(5).

Cleansing and disinfection of vehicles

29. A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 63.

30. A person who enters or leaves premises by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated in accordance with article 63.

Access to prohibited places

31. No person shall enter any place the subject of a prohibition notice under article 33 except in accordance with that article.

Veterinary surveillance

32. The Scottish Ministers must ensure that such veterinary surveillance as they consider necessary to monitor for avian influenza are carried out at premises to which things are moved in accordance with this Schedule.

Schedule 5 Articles [ ]

Measures in Surveillance Zones

Record keeping and duty to inform the Scottish Ministers of birds' change in health

1. The owner or occupier of any premises at which anything likely to spread the avian influenza virus is situated must keep a record of the date any person visit the premises (unless the visit is only to a part of the premises where people live).

2. The owner or occupier of any such premises must keep a record of all poultry entering or leaving those premises.

3. Every person who is engaged in the transport or marketing of poultry or poultry eggs must keep a record of all poultry and poultry eggs transported or marketed by that person.

4. The records referred to in paragraphs (2) and (3) above must include-

(a) the quantity and description (including species of poultry and type of egg) transported or marketed;
(b) in the case of movement from premises-
(i) the date of the movement off the premises;
(ii) the premises of destination (if known);
(iii) the name and address of the person to whom ownership or possession is being or has been transferred;
(c) in the case of movement onto premises-
(i) the date of the movement on to the premises;
(ii) the premises from which the movement originated (if known);
(iii) the name and address of the person from whom ownership or possession is being or has been transferred;
(d) in the case of marketing without an associated movement, the name and address of the person to whom and the date on which ownership was transferred.
(e) the identity and address of any such person.

5. Paragraphs 1 and 3 do not apply to-

(a) the retail distribution of eggs and movements subsequent to such distribution; or

(b) the movement of people to zoos, wildlife parks or (unless required by the Scottish Ministers) any other premises open to the public, provided the public has no access to any area where birds are kept.

6. The occupier of any premises in the surveillance zone must maintain the following records-

(a) the number or approximate number of poultry (if any) on the premises;
(b) the number of poultry falling ill on the premises;
(c) the number of poultry dying on the premises;
(d) the amount of feed and, where possible, water being consumed by any poultry on the premises;
(e) any egg production on the premises ^.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

7. -(1) No person shall move poultry, other captive birds or mammals of domestic species from or to premises within the surveillance zone, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to pet animals which-

(a) only have access to a part of the premises where people live;
(b) have no contact with poultry or other captive birds on the premises; and
(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures

8. The occupier and any person entering or leaving premises where poultry or other captive birds are kept must-

(a) take appropriate biosecurity measures to reduce the risk of the spread of avian influenza to or from the premises; and
(b) comply with any biosecurity requirements which a veterinary inspector, by notice, imposes.

Litter, poultry manure and slurry

9. (1) Subject to paragraph (2), no person shall remove from premises in the zone or spread used litter, poultry manure or slurry unless licensed to do so by a veterinary inspector.

(2) A veterinary inspector may licence the movement of manure or slurry for treatment to destroy an avian influenza virus in accordance with Regulation ( EC) 1774/2002, and any such licence shall include conditions that appropriate bio-security measures are taken.

Gatherings of poultry

10. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering.

Restocking of game

11. No person shall release poultry for the purpose of restocking game.

Restrictions on the movement of poultry and eggs within the surveillance zone

12. No person shall move any poultry or eggs within the surveillance zone (other than through the zone by road or rail without stopping), unless licensed to do so by a veterinary inspector.

13. Paragraph 12 does not apply to the retail distribution of eggs and movements subsequent to such distribution

14. A veterinary inspector must not grant such a licence unless satisfied that the occupier will take appropriate biosecurity measures at the premises and these measures must be conditions of the licence.

15. A veterinary inspector may license the transport of poultry from outside the protection and surveillance zones to a slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.

Restrictions on the movement of poultry and eggs out of the surveillance zone

16. No person shall move any poultry or eggs out of the surveillance zone, unless the movement is one of the following and is licensed by a veterinary inspector-

(a) poultry for slaughter (if the requirements of paragraph 18 and any additional licence conditions are met);
(b) ready-to-lay poultry to premises where no poultry are kept if any licence conditions are met;
(c) day-old chicks from eggs originating within the surveillance zone to premises in the United Kingdom (if the requirements of paragraph 19 and any additional licence conditions are met);
(d) day-old chicks from eggs originating from outside the protection and surveillance zones (if the requirements of paragraph 20 and any additional licence conditions are met);
(e) hatching eggs to a hatchery inside or outside the surveillance zone (if the requirements of paragraph 21 and any additional licence conditions are met);
(f) eggs to a packing centre (if the requirements of paragraph 22 and any additional licence conditions are met);
(g) eggs to premises inside or outside the surveillance zone for the manufacture of egg products (if the requirements of paragraph 23 and any additional licence conditions are met);
(h) eggs for disposal if any licence conditions are met.

17. Paragraph 16 does not apply to the retail distribution of eggs and movements subsequent to such distribution.

Requirements for the transport of poultry from premises in the surveillance zone for immediate slaughter at a slaughterhouse

18. Poultry must not be moved unless a veterinary inspector has clinically examined poultry at the premises a maximum of 24 hours before they leave the premises.

Requirements for the transport of day-old chicks to premises in the United Kingdom

19. Day-old chicks must not be transported unless any biosecurity measures laid down by a veterinary inspector are complied with.

Requirements for the transport of day-old chicks from eggs originating outside the protection and surveillance zones

20. Day-old chicks from eggs originating outside the protection and surveillance zones must not be transported unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day old chicks from within the zone.

Requirements for the transport of hatching eggs to a hatchery

21. Hatching eggs must not be transported from any premises to a hatchery unless the eggs and their packaging are disinfected before they leave the premises.

Requirements for the transport of table eggs to a packing centre

22. Table eggs must not be transported to a packing centre unless-

(a) they are packed in disposable packaging; and
(b) any person transporting the eggs complies with any biosecurity measures laid down by a veterinary inspector.

Requirements for the transport of table eggs to premises for the manufacture of egg products

23. Eggs must not be transported to premises for the manufacture of egg products except in accordance with Chapter IV of Annex II to Regulation ( EC) No 852/2004.

Cleansing and disinfection of vehicles

24. A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 63.

25. A person who enters or leaves premises by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated in accordance with article 63.

Veterinary surveillance

26. The Scottish Ministers must ensure that such veterinary surveillance as they consider necessary to monitor for avian influenza are carried out at premises to which things are moved in accordance with this Schedule.

Schedule 6 Articles [ ]

Part 1

Measures on premises where low pathogenic avian influenza is confirmed

Record of poultry, other captive birds and mammals

1. The occupier must make and update daily a record of poultry, other captive birds and mammals of domestic species on the premises showing, for each species-

(a) the number or approximate number alive;
(b) the number or approximate number which have died;
(c) the number or approximate number which show clinical signs of avian influenza;
(d) the number or approximate number which are likely to be infected.

Housing or isolation of poultry and other captive birds

2. The occupier must ensure that poultry and other captive birds are-

(a) housed; or
(b) kept isolated (if, in the view of a veterinary inspector, housing is impractical or would adversely affect the birds' welfare to an significant degree). The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on movement of poultry and other captive birds to and from the premises

3. No person shall move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

Movement of poultry and other captive birds to a slaughterhouse

4. A veterinary inspector must not license the movement of birds to a slaughterhouse until satisfied that the excretion of virus by the birds is such that the risk of further spread of low pathogenic avian influenza is minimal.

5. No person shall move any poultry or other captive bird to a slaughterhouse unless-

(a) the birds are sent directly to the slaughterhouse; and
(b) they are transported in vehicles sealed by a veterinary inspector or in accordance with the instructions of a veterinary inspector;

6. No person shall remove the seal on a vehicle transporting birds to a slaughterhouse until the vehicle has arrived at the slaughterhouse.

7. Any person who transports any bird or any thing which may be contaminated must, as soon as the bird or thing is unloaded, cleanse and disinfect the vehicle and any equipment used for transportation in accordance with article 63.

Restrictions on the movement of people, vehicles, equipment and mammals

8. -(1) No person shall move to or from the premises and no person shall move any vehicle or equipment or (subject to paragraph (2)) allow any mammal of domestic species to move onto or off the premises, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to pet animals which-

(a) only have access to a part of the premises where people live;
(b) have no contact with poultry or other captive birds on the premises; and
(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Restrictions on the movement of eggs

9. No person shall move any eggs from the premises unless licensed to do so by a veterinary inspector.

Disposal of carcases

10. The occupier must ensure that carcases are disposed of as soon as possible.

Disposal of hatching eggs

11. The occupier must (subject to paragraph 12) ensure that hatching eggs on the premises not seized by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions.

12. A veterinary inspector may direct, on special category premises, that hatching eggs are not disposed of, in which case the occupier must ensure that the requirements of article 48 are met.

Tracing of hatching eggs and of poultry from such eggs

13. The occupier must give all reasonable assistance to a veterinary inspector in the tracing of hatching eggs (and of poultry from such eggs).

Manure, slurry and bedding

14. The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance article 63.

Destruction or treatment of substances likely to be contaminated

15. The occupier must cleanse and disinfect the premises in accordance with article 63 after all poultry or other captive birds on the premises have been killed or moved from the premises to a slaughterhouse.

Other material which may be contaminated

16. The occupier of the premises must ensure that any other material or substance which may be contaminated is treated in accordance with a veterinary inspector's instructions or disposed of.

Slaughter and seizure

17. The occupier must give all reasonable assistance to a veterinary inspector exercising the duties of a veterinary inspector in relation to the killing of poultry and other captive birds under the Regulations or under paragraph 5 of Schedule 3 to the Act and to the seizure of any thing seized under the Diseases of Animals (Seizure) Order 1993( ^a).

Cleansing and disinfection

18. 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 poultry or other captive birds(b).

Criteria to be considered by the Scottish Ministers before permitting movements from premises where low pathogenic avian influenza has been confirmed

(a) the species of birds on the premises;
(b) the number of premises containing poultry and other captive birds in the area around the premises;
(c) the location of slaughterhouses, hatcheries and packing centres to which birds and eggs could be moved;
(d) biosecurity measures already in place or which could be applied at the premises, during movement and during slaughter;
(e) possible routes on which things could be moved;
(f) any evidence of disease spread;
(g) any risk to human health;
(h) any treatment procedures which could be applied to any thing to be moved.

Schedule 7 Articles [ ]

Measures in a low pathogenic avian influenza restricted zone

Restrictions on the movement of poultry, other captive birds and mammals of domestic species onto and off premises

1. -(1) No person shall (subject to sub-paragraph 2) move poultry, other captive birds or mammals of domestic species from or to premises within the restricted zone, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to pet animals which-

(a) only have access to a part of the premises where people live;
(b) have no contact with poultry or other captive birds on the premises; and
(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures

2. The occupier and any person entering or leaving premises where poultry or other captive birds are kept must-

(a) take appropriate biosecurity measures to reduce the risk of the spread of avian influenza to or from the premises; and
(b) comply with any biosecurity requirements which a veterinary inspector, by notice, imposes.

Litter, poultry manure and slurry

3. No person shall remove from premises in the zone or spread used litter, poultry manure or slurry unless licensed to do so by a veterinary inspector.

Gatherings of poultry

4. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.

Restocking of game

5. No person shall release poultry for the purpose of restocking game.

Restrictions on the movement of poultry and eggs within the zone

6. No person shall move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed to do so by a veterinary inspector.

Restrictions on the movement of poultry, other captive birds and eggs out of the zone

7. No person shall move any poultry, other captive birds or eggs out of the zone, unless the movement is one of the following and is licensed by a veterinary inspector;

(a) poultry for slaughter at a slaughterhouse in the United Kingdom (if any licence conditions are met);
(b) poultry to premises in the United Kingdom where no poultry are kept (if any licence conditions are met);
(c) day-old chicks from eggs originating within the zone to premises in the United Kingdom (if any licence conditions are met);
(d) day-old chicks from eggs originating outside the zone (if the hatchery is operated in such a way that such chicks and eggs are kept separate from day old chicks and eggs originating in the zone and if any licence conditions are met);
(e) hatching eggs to a hatchery if the eggs and their packaging are disinfected before dispatch and if any licence conditions are met;
(f) table eggs to a packing centre in disposable packaging and in accordance with biosecurity requirements specified by a veterinary inspector (if any licence conditions are met);
(g) table eggs to premises inside or outside the zone for the manufacture of egg products (if any licence conditions are met);
(h) eggs for disposal (if any licence conditions are met).

8. Paragraphs 6 and 7 do not apply to the retail distribution of eggs and movements subsequent to such distribution.

Carcases

9. The occupier of any premises within the zone must ensure that carcases are disposed of.

Cleansing and disinfection of vehicles

10. A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 63.

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on …….. 2006, transposes Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EC ( OJ No L10, 14.1.2006, p16), other than Chapter IX and certain slaughter provisions. Chapter IX of the Directive deals with vaccination and is transposed by the Avian Influenza (Vaccination) (Scotland) Regulations 2006. This Order also amends the Diseases of Poultry (Scotland) Order 2003 (S.I. 2003/1078) and the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32).

Part 1 of the Order contains introductory provisions. Part 2 sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

Part 3 of the Order and Schedule 1 to it set out measures to deal with any suspected outbreak of avian influenza at premises (other than slaughterhouses, border inspection posts and in vehicles). Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part 4 and Schedule 2. These include the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.

Measures when highly pathogenic avian influenza is confirmed at slaughterhouses, border inspection posts and in vehicles are set out in Part 5.

Measures where low pathogenic avian influenza is confirmed at premises other than slaughterhouses, border inspection posts and in vehicles are set out in Part 6 and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.

Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part 7.

General measures applicable on suspicion or confirmation of avian influenza are set out in Part 8 and provisions on inspection and enforcement are set out in Part 9. Amendments to the Diseases of Poultry (Scotland) Order 2003 (S.I. 2003/1078) and the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32) are also set out in Part 9.

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

A full regulatory impact assessment of the effect that this Order will have on the costs of business has been prepared …….