This note is not part of the Regulations
These Regulations transpose for Scotland Council Directive 2005/94/EC on Community measures for the control of avian influenza repealing Directive 92/40/EEC (O.J. No. L 10, 14.1.06, p.16) insofar as it deals with vaccination against avian influenza, preventive eradication and imposing a duty to slaughter birds on infected premises.
Regulation 4 enables the Scottish Ministers to carry out preventive eradication. Regulation 5 imposes a duty on the Scottish Ministers to kill all poultry and other captive birds on infected premises subject to the exemptions set out in regulations 6 to 8. Regulations 9 and 10 make provision as to certain matters relating to killing.
Regulation 11 imposes a general prohibition on vaccination of animals against avian influenza except where required by the Scottish Ministers.
Regulations 12 and 13 require the Scottish Ministers to declare vaccination zones in areas which contain poultry or other captive birds which they consider should be vaccinated to prevent the risk of the spread of avian influenza, or to serve vaccination notices on premises where such birds are kept. Such measures can only be carried out where a risk assessment has been carried out and it has indicated that there is a risk of avian influenza spreading within or into Scotland, or that certain areas or birds are in any event exposed to the risk of avian influenza. These measures will be emergency or preventive, depending on the nature of the risk.
Regulation 14 extends the power to vaccinate animals in section 16 of the Animal Health Act 1981 (“the Act”) and consequently, the effect of the other provisions of the Act in relation to vaccination.
Regulation 15 provides for measures applying in a vaccination zone or premises stipulated in a vaccination notice. The Scottish Ministers must stipulate in the declaration or notice whether vaccination is required to be carried out by the occupier of the relevant premises or whether it is to be carried out by them and co-operation is required. There is also a general prohibition on the movement of poultry or other captive birds within, into or out of the zone or premises unless authorised by licence. Regulation 16 makes provision as to where emergency vaccination is undertaken before the Commission has approved the emergency vaccination plan. Any licence permitting the movement of poultry or other captive birds must impose the requirements set out in the Schedule.
Regulation 17 makes provision for birds which ought to have been included in a vaccination programme but were not for any reason vaccinated.
Regulation 18 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.
Regulation 19 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Regulations.
Regulations 20 to 22 make provision as to the giving of reasonable assistance, the giving of false information and the production of records.
Regulations 23 to 24 and 26 make provision related to offences and enforcement. In particular, regulation 26 applies offence related provisions of the Act as if the Regulations were empowered by the Act; consequently, failure to comply with the Regulations, without lawful authority or reasonable excuse, is an offence under section 73 of the Act (regulation 26(1)(h)). Regulation 26(3) provides that a person guilty of an offence under these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5000 or both.
Regulation 25 makes provision as to the inspection of vehicles. Regulation 27 confers general powers on veterinary inspectors to take action to prevent the spread of avian influenza. Regulation 28 makes provision as to the powers of inspection in case of default.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been undertaken.