Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force Commission Decision 2005/744/EC laying down the requirements for the prevention of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member States (OJ No L 279, 22.10.2005, p. 75).

They require the Scottish Ministers to evaluate the risk of the transmission of avian influenza virus to susceptible birds in zoos and to take appropriate measures to reduce such risk (regulation 4(1) and (2)).

Regulation 4(2) provides for the Scottish Ministers to declare avian influenza prevention (zoos) zones or to serve notices of restrictions on premises. Regulation 4(3) sets out the measures which may be applied.

Regulation 5 provides for the Scottish Ministers to require vaccination of susceptible birds in zoos if they think necessary.

Regulations 6, 7, 8 and 9 deal with the powers of inspectors appointed by the Scottish Ministers and by local authorities, and with penalties and enforcement.

A regulatory impact assessment has not been prepared in respect of these Regulations.