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Statutory Instruments of the Scottish Parliament
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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 354

ANIMALS

ANIMAL HEALTH

The Diseases of Poultry (Scotland) Order 2003

  Made 9th July 2003 
  Coming into force 10th July 2003 

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

Citation, commencement and extent
     1.  - (1) This Order may be cited as the Diseases of Poultry (Scotland) Order 2003 and shall come into force on 10th July 2003.

    (2) This Order extends to Scotland only.

Extension of definition of "poultry" and "disease"
     2. For the purposes of the Animal Health Act 1981 in its application to this Order-

Interpretation
     3.  - (1) In this Order-

    (2) In articles 3(1), 7(1) and (2)(a), 9(1)(a) and (3), 11(1), (2) and (5), 12, 14(1), 15 and Schedules 1 and 2, unless the context otherwise requires, "poultry" means any of the following birds, if they are kept in captivity for breeding, the production of meat or eggs or for re-stocking supplies of game; namely, domestic fowls, turkeys, geese, ducks, guinea fowls, pigeons (other than racing pigeons), quails, ratites, pheasants and partridges.

Notification procedures and precautions to be taken where the presence of a designated disease is suspected
     4.  - (1) Any person who is in possession of or who has charge of any bird or carcase and who is aware that that bird or carcase has, or suspects that bird or carcase of having, a designated disease, shall-

    (2) Any 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 a designated disease in the bird, carcase or sample shall immediately inform the Divisional Veterinary Manager.

Restrictions where a designated disease is suspected
     5. If a veterinary inspector or an inspector of a local authority has reasonable grounds for suspecting that a designated disease exists or has existed on any premises (whether or not notification has been made under article 4) that inspector shall, by notice served on the occupier or person in charge of the premises, impose the restrictions and requirements contained in Part I of Schedule 1 to this Order.

Veterinary inquiry as to the existence of a designated disease
     6.  - (1) In order to ascertain whether or not a designated disease exists or has existed on any premises, a veterinary inspector may-

    (2) No person shall deface, obliterate or remove any mark applied under paragraph (1)(b).

    (3) Any collecting of samples and laboratory testing in terms of paragraph (1)(a) shall be carried out (in relation to avian influenza) in accordance with Annex III of Council Directive 92/40/EEC and (in relation to Newcastle disease and paramyxovirus 1 in pigeons) in accordance with Annex III of Council Directive 92/66/EEC.

    (4) The occupier or other person in charge of the premises or any employee or agent of that person shall provide such reasonable assistance to a veterinary inspector as that veterinary inspector may require for the exercise of any powers under paragraphs (1) and (3) above.

Restrictions where birds are suspected of having been exposed to the risk of a designated or other disease
     7.  - (1) If a veterinary inspector suspects that poultry on any premises may have been exposed to the risk of a designated disease, that inspector shall serve a notice on the occupier or person in charge of the premises in accordance with this article.

    (2) A veterinary inspector who suspects-

may serve a notice on the occupier or person in charge of the premises in accordance with this article.

    (3) In paragraphs (1) and (2), exposure to the risk of a designated disease or to another disease includes exposure, either directly or indirectly, as a result of the movement of persons, birds, animals or vehicles or in any other way.

    (4) On service of a notice under this article, a veterinary inspector may enter premises which are the subject of such notice and use whatever means that inspector thinks suitable to detect the existence of any disease, to count the birds, and to monitor their movements.

    (5) On service of a notice under this article, no person shall move any bird or any other thing liable to transmit disease from the premises except under the authority of a licence granted by a veterinary inspector.

    (6) A veterinary inspector may limit the measures provided for in a notice served under this article to a part of the premises and to the birds contained within that part of the premises, provided that those birds have been housed, kept and fed completely separately by separate persons.

Veterinary investigation as to the possible existence of disease
     8.  - (1) Where, for the purposes of this Order, the Scottish Ministers consider it necessary to ascertain whether or not disease exists on any premises or means of transport, a veterinary inspector may carry out such inquiries, examinations and tests and take such samples as that veterinary inspector considers necessary.

    (2) A veterinary inspector may mark, or cause to be marked, for identification purposes any bird, carcase or other thing in relation to which any of the powers under paragraph (1) have been exercised.

    (3) No person shall deface, obliterate or remove any mark applied under paragraph (2).

    (4) The person in charge of the premises or means of transport or any employee or agent of that person shall provide such reasonable assistance to a veterinary inspector as that inspector may require for the exercise of any powers under paragraphs (1) or (2).

    (5) A veterinary inspector carrying out an investigation under this article may-

Measures where a designated disease is confirmed
     9.  - (1) Upon the presence of a designated disease on premises being confirmed by the Chief Veterinary Officer or by a person authorised by the Chief Veterinary Officer, a veterinary inspector-

by notice served on the occupier or person in charge of the premises impose, in addition to the restrictions and requirements contained in Part I of Schedule 1 to this Order, the restrictions and requirements contained in Part II of that Schedule.

    (2) A veterinary inspector may also serve such a notice on the occupier or person in charge of suspect premises.

    (3) In this article, "suspect premises" means premises containing poultry, captive birds or racing pigeons and which in the opinion of the veterinary inspector may have been exposed to the risk of a designated disease because of their location or configuration with premises (in Scotland or elsewhere) where the presence of a designated disease has been confirmed.

Duties of occupiers and persons in charge of premises served with notices
     10.  - (1) Any person served with a notice under this Order shall-

    (2) If any person fails to comply with any restriction or requirement imposed by a notice served under this Order, a veterinary inspector or other officer of the Scottish Ministers or an inspector of a local authority may-

    (3) Any action taken under paragraph (2) shall be without prejudice to any proceedings for an offence arising out of contravention of a notice served under this Order.

    (4) Any expenses reasonably incurred by the Scottish Ministers or the local authority in exercise of the powers under paragraph (2) shall be recoverable as a debt by the Scottish Ministers or the local authority, as the case may be, from the person in contravention of or default under such notice.

Declaration of infected area
     11.  - (1) Upon the presence in any area in Scotland or elsewhere of a designated disease in poultry being confirmed by the Chief Veterinary Officer or by a person authorised by the Chief Veterinary Officer, the Scottish Ministers shall, by declaration, declare such of that area as is in Scotland to be an infected area.

    (2) Upon the presence in any area in Scotland or elsewhere of a designated disease in captive birds or in racing pigeons being confirmed by the Chief Veterinary Officer or by a person authorised by the Chief Veterinary Officer and upon the Scottish Ministers being satisfied that the presence of that disease in such birds constitutes a serious risk to poultry, the Scottish Ministers may, by declaration, declare such of that area as is in Scotland to be an infected area.

    (3) An area shall remain an infected area until such date as may be stated in the declaration referred to in paragraph (1) or (2), or, if no date is stated, until the declaration is withdrawn.

    (4) Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside that area.

    (5) A declaration referred to in paragraph (1) or (2)-

    (6) A declaration made under paragraph (1) shall provide for a protection zone based on a minimum radius of three kilometres, itself contained within a surveillance zone based on a minimum radius of ten kilometres, each zone having as its centre the centre of the premises where disease has been confirmed.

    (7) A declaration made under paragraph (2) shall provide for a protection zone contained within a surveillance zone, each based on such minimum radii as the Scottish Ministers may declare, each zone having as its centre the centre of the premises where disease has been confirmed.

    (8) The provisions of Schedule 2 shall apply in an area declared an infected area except to the extent that they are varied or excepted by a declaration made under paragraph (1) or (2) or to the extent that anything which would otherwise be a breach of those provisions is authorised by a licence issued by a veterinary inspector.

Vaccination areas
     12. Upon a declaration being made under article 11(1) or (2) above, the Scottish Ministers may, by notice published in such manner as they think fit, require the vaccination of any species of poultry against a designated disease in such geographical area and for such period as they think fit and it shall be the duty of every owner and every person in charge of poultry in that area to comply with that notice.

Racing pigeons
     13.  - (1) An organiser of a show or race which takes place wholly or partly in Scotland shall ensure that all racing pigeons entered for the race or show have been vaccinated against paramyxovirus 1 in pigeons.

    (2) Every person who owns or keeps racing pigeons shall keep a record of every race or show for which any such racing pigeons are entered.

Cleansing and disinfection
     14.  - (1) Any person in charge of premises on which poultry or racing pigeons are or have been exposed for sale or exhibited shall thoroughly cleanse and disinfect those premises, their fittings and any receptacle used for the exposure or exhibition of such birds as soon as practicable after use and in any event before they are used again.

    (2) A veterinary inspector or an inspector of a local authority may, by notice served on the person in charge of any premises or vehicle on or in which any birds are or have been, require that person to cleanse and disinfect the premises or vehicle and any fittings or receptacle in such manner as that inspector may require and may prohibit the movement into the premises or vehicle of birds until the cleansing and disinfection has been completed to the satisfaction of the inspector.

    (3) Without prejudice to the bringing of proceedings under the 1981 Act, where a notice under this article is not complied with, any person authorised by the Scottish Ministers or the local authority may enter the premises or vehicle to which the notice relates and carry out the work of cleansing and disinfection required and the cost of such work shall be recoverable as a debt from the person on whom the notice was served.

    (4) For the purposes of this article "cleansing" includes the disposal of all litter, droppings and other matter in a manner which does not present a risk of the spread of disease.

Records
     15.  - (1) Any person who owns or keeps any flock of poultry consisting of at least 250 birds on premises shall keep a record in respect of such poultry entering or leaving the premises on which the poultry is held.

    (2) Any person who is engaged in the transport or marketing of any poultry or eggs (including any slaughterer or auctioneer) shall keep a record in respect of all such poultry and eggs so transported or marketed.

    (3) The record referred to in paragraphs (1) and (2) shall include in respect of the relevant class of such poultry and their eggs-

    (4) Any person who is required by this article to keep a record shall retain it for at least twelve months from the date of the recorded transportation or marketing.

    (5) Any person who keeps any record required under this article shall-

General provisions as to notices and licences
     16.  - (1) All licences and notices issued under this Order or under a declaration under article 11 may be general or specific, may be subject to conditions and may be varied, suspended or revoked by notice at any time.

    (2) Any person moving anything under the authority of a licence issued under this Order shall-

General powers of inspectors
     17. A veterinary inspector who enters any premises under this Order may be accompanied for any purpose relating to the execution and enforcement of this Order by such persons and such things as that veterinary inspector considers necessary.

Enforcement
     18. The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

Revocations and amendments
     19.  - (1) In article 2(1) of the Diseases of Animals (Approved Disinfectants) Order 1978[5] for "Diseases of Poultry Order 1994" substitute "Diseases of Poultry (Scotland) Order 2003".

    (2) The Diseases of Poultry Order 1994[6] and the Diseases of Poultry (Amendment) Order 1997[7] are revoked.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
9th July 2003



SCHEDULE 1
Articles 4(1), 5 and 9(1)


PREMISES WHERE A DESIGNATED DISEASE IS SUSPECTED OR CONFIRMED




Part I

Premises on which a Designated Disease is Suspected

Record of Poultry
     1. The person in charge of the premises shall make and maintain an up to date record of the poultry on the premises showing in respect of each category the number of poultry which have died, which show clinical signs of disease and which show no signs. The record shall be produced to a veterinary inspector on demand.

Isolation of poultry, captive birds, and racing pigeons
     2. The person in charge of the premises shall ensure that any poultry or captive birds on the premises are kept in their living quarters or some other place where they can be isolated. Racing pigeons shall be isolated in their pigeon house until restrictions have been removed.

Prohibition on movement of poultry or other birds to or from premises
     3. No person shall move any poultry or other birds to or from the premises.

Prohibition on movement of persons, animals and vehicles to or from the premises
     4. No person shall move to or from the premises and no person shall move any animal or vehicle to or from the premises.

Prohibition on removal or spreading of things liable to transmit disease
     5. No person shall remove from the premises or spread within the premises any used poultry litter or poultry manure or anything liable to transmit disease.

Restriction on removal of eggs
     6. No person shall move any eggs from premises except in accordance with the provisions of article 4.2(e) of and Annex I to Council Directive 92/40/EEC[8] or article 4.2(e) of and Annex I to Council Directive 92/66/EEC[9] as the case may be.

Disinfection at entrances and exits
     7. The person in charge of the premises shall provide and maintain an appropriate means of disinfection at the entrances and exits of the buildings housing poultry and of the premises.



Part II

Premises on which a Designated Disease is Confirmed

Slaughter and destruction
     8. The person in charge of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that poultry and such other birds on the premises as the veterinary inspector may require are killed there without delay and that carcases and eggs are destroyed in such a way as will minimise the risk of spreading disease, in accordance with directions given by a veterinary inspector.

Destruction or treatment
     9. The person in charge of the premises shall ensure that all other material which may be contaminated is destroyed or treated in such a way as to destroy the disease, in accordance with directions given by a veterinary inspector.

Tracing
     10. The person in charge of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that-

are traced and destroyed, except that table eggs need not be destroyed if they have previously been disinfected.

Disinfection and restocking
     11. The buildings used for housing poultry, their surroundings, any vehicles on the holding used for transport of poultry and all equipment likely to be contaminated shall, under the supervision of an inspector, be subject to preliminary and final cleansing and disinfection in accordance with Annex II of Council Directive 92/40/EEC or Annex II of Council Directive 92/66/EEC as the case may be and to the satisfaction of a veterinary inspector. The Person in charge of the premises shall not restock the premises until at least 21 days after completion of the cleansing and disinfection.



SCHEDULE 2
Article 11(8)


INFECTED AREAS: PROTECTION AND SURVEILLANCE ZONES


Protection Zones
     1. The following shall apply within the protection zone and shall continue to apply for a period of at least 21 days after the preliminary cleansing and disinfection of the infected premises required by paragraph 11 of Schedule 1 to this Order and thereafter until the Scottish Ministers declare the protection zone to have become part of the surveillance zone.

     2. The person in charge of premises containing poultry shall ensure that-

     3. No person shall move any poultry, captive birds, racing pigeons, eggs or carcases within the protection zone, except that such poultry, captive birds or racing pigeons may be transported without stopping through the protection zone by way of a direct and uninterrupted route using main roads or rail and without being unloaded.

     4. No person shall hold any fair, market, show or other gathering of poultry, captive birds or racing pigeons.

Surveillance Zone
     5. The following shall apply within the surveillance zone and shall continue to apply for a period of at least 30 days after the preliminary cleansing and disinfection of the infected premises required by paragraph 11 of Schedule 1 to this Order and thereafter until the Scottish Ministers declare the restrictions to be lifted.

     6. The person in charge of the premises shall ensure that-

     7. No person shall move any poultry, captive birds, racing pigeons or hatching eggs into or within the surveillance zone except that such poultry, captive birds or racing pigeons may be transported without stopping through the surveillance zone by way of a direct and uninterrupted route using main roads or rail and without being unloaded.

     8. No person shall hold any fair, market, show or other gathering of poultry, captive birds or racing pigeons.

Cleansing and disinfection of vehicles used for the conveyance of poultry
     9.  - (1) The owner of any vehicle used for the conveyance of poultry, poultry carcases, poultry offal, poultry feathers or eggs originating in an infected area, shall before that vehicle is so used, as soon as practicable after each time it is so used and in any event before it is so used again, shall effectively cleanse and disinfect that vehicle.

    (2) If any person fails to comply with sub-paragraph (1) above, an officer of the local authority may, without prejudice to any proceedings arising out of such failure, carry out or cause to be carried out the cleansing and disinfection and the person failing to carry out the operations shall be liable for any costs incurred.


EXPLANATORY NOTE

(This note is not part of the Order)


This Order (read with the Animal Health Act 1981) further implements Council Directive 92/40/EEC introducing Community measures for the control of avian influenza (O.J. No. L 167, 22.6.92, p.1) and Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease (O.J. No. L 260, 5.9.92, p.1) ("the Directives"). The Directives were previously implemented by the Diseases of Poultry Order 1994 ("the 1994 Order") and the Diseases of Poultry (Amendment) Order 1997, both revoked by this Order. This Order, like the Directives, now applies to ratites.

This Order also extends provisions in article 5A of the 1994 Order (relating to inspection powers and movement restrictions) to diseases of birds and to species of birds not covered by the Directives. These provisions are set out in article 7 of this Order.

Articles 1 to 3 of the Order contain introductory and interpretation provisions.

Article 4 provides for the notification of designated diseases and for the taking of precautionary measures when disease is suspected. Article 5 sets out restrictions which may apply if a designated disease is suspected or known to exist. Article 6 provides for veterinary inquiry into the existence of a designated disease. Article 7 sets out restrictions which apply where poultry or other birds are suspected of having been exposed to the risk of disease. Article 8 provides for veterinary inquiry as to the possible existence of disease. Article 9 provides for the measures to be taken where a designated disease is confirmed. The restrictions referred to in articles 4, 5 and 9 are set out in Schedule 1.

Article 10 sets out the duties of occupiers and persons in charge of premises served with a notice under the Order.

Article 11 provides for the declaration by the Scottish Ministers of an infected area where disease has been confirmed. The restrictions applicable in an infected area are set out in Schedule 2.

Article 12 allows the Scottish Ministers to require vaccination of poultry. Article 13 sets out restrictions applicable to racing pigeons. Article 14 contains provisions on cleansing and disinfection. Article 15 relates to the keeping of records and article 16 to licences and notices. Article 17 sets out the general powers of veterinary inspectors under the Order. Article 18 provides for the Order to be enforced generally by local authorities. Article 19 revokes the 1994 Order and the Diseases of Poultry (Amendment) Order 1997 insofar as they apply to Scotland.

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

Notes:

 [1] 1981 c.22. See section 86(1) for the definition of "the Ministers". The functions of the Ministers of the Crown were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] O.J. No. L 167, 22.06.92, p.1.back

[3] O.J. No. L 260, 05.09.92, p.1.back

[4] S.I. 1978/32, as relevantly amended by S.I. 1978/934, 1994/3141 and 1999/919 and S.S.I. 2001/45 and 51 and 2003/334.back

[5] S.I. 1978/32, as relevantly amended by S.I. 1978/934, 1994/3141 and 1999/919 and S.S.I. 2001/45 and 51 and 2003/334. Article 2(1) was amended by S.I. 1994/3141.back

[6] S.I. 1994/3141, as amended by 1997/150.back

[7] S.I. 1997/150.back

[8] O.J No. L 167, 22.06.92, p.1.back

[9] O.J.No. L 260, 05.09.92, p.1.back


ISBN 0 11062407 6


 
© Crown copyright 2003
Prepared 18 July 2003

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