Explanatory Note

(This note is not part of the Order)

This Order amends three Orders which make provision relevant to the control of diseases of animals and poultry. The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 (“the 2006 Order”) is amended to make further provision in relation to measures to deal with any suspected or confirmed outbreak of influenza virus of avian origin in kept mammals. Minor amendments are also made to the Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 and the Disease Control (Interim Measures) (Scotland) Order 2002.

Article 2(2) amends the definition of “premises” in the 2006 Order. Consequential amendments are made in article 2(10) and 2(11).

Article 2(3) inserts provision into article 4 of the 2006 Order to allow licences granted to be subject to such conditions as are considered necessary by the Scottish Ministers to control influenza virus of avian origin.

Article 2(5) inserts articles 56A and 56B into the 2006 Order, which provide for measures to be taken where influenza virus of avian origin is suspected or confirmed on premises, and provide for the Scottish Ministers to grant derogations from, or discretion to impose, some of these measures. Consequential amendments are made in article 2(4).

Article 2(6) inserts article 57A into the 2006 Order, which provides for the ascertainment and amount of compensation the Scottish Ministers are to pay for mammals slaughtered due to influenza virus of avian origin.

Article 2(8) inserts provision into article 59 of the 2006 Order to apply the measures set out in schedule 8 to contact premises.

Article 2(9) inserts provision into article 60 of the 2006 Order to allow the Scottish Ministers, having carried out a risk assessment, to impose measures on premises if considered necessary to reduce the risk of transmission of avian influenza or influenza virus of avian origin.

Article 2(12) inserts schedules 8 and 9 into the 2006 Order, which provide for the measures where influenza virus of avian origin is suspected or confirmed on premises. Consequential amendments are made in article 2(7).

Article 3 amends article 11 of the Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 and extends the requirement for records to be kept of movements of poultry to movements from breeding and laying flocks.

Article 4 inserts paragraph 7A into schedule 1 of the Disease Control (Interim Measures) (Scotland) Order 2002, which makes the movement of a sheep to premises to be treated for sheep scab an exemption to the standstill requirement provided by article 3 of that Order.