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

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 to non-commercial premises from the disinfection requirement in paragraph 9 of Schedule 1, but must not do so unless–

(a) the premises contain other captive birds but no poultry;

(b) 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.