The Avian Influenza (Survey Powers) (Scotland) Regulations 2004
Scottish Statutory Instrument 2004 No. 453 — creates 2 criminal offences.
- Made
- 20 October 2004
- In force from
- 25 October 2004
- Extent
- Not stated
- Subject
- Education, social security, pensions and public services
- Made under
- European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations, which extend to Scotland only, implement Commission Decision 2004/630/EC (O.J. No. L 287, 8.9.04, p.7 providing for surveys for avian influenza. These Regulations– a provide that inspectors, on giving notice in writing, may carry out surveys on any premises where birds are or have been kept for the purposes of Commission Decision 2004/630/EC (regulation 3); b give powers to inspectors to enter premises, make inquiries, examine records, examine birds and carcases, take samples and carry out laboratory tests (regulation 4); c set out requirements for notices in writing (regulation 5); d prescribe offences and penalties (regulation 6); e provide for enforcement (regulation 7); and f add a definition of avian influenza to the Diseases of Poultry (Scotland) Order 2003 (S.S.I. 2003/354) in line with the definition in these Regulations (regulation 8). Where avian influenza is detected, the disease control measures set out in the Diseases of Poultry (Scotland) Order 2003 will be available. A Regulatory Impact Assessment has not been prepared for these Regulations.
Offences created by this instrument
- If any person– a intentionally obstructs an inspector (or anyone assisting an inspector in accordance with regulation… regulation 6(1) · Status not determined · Requires proof of a state of mind
- If any person– a fails to comply with any other requirement imposed on that person under these Regulations; or b… regulation 6(2) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004