UK Offence Report

The Avian Influenza (Preventive Measures) (Scotland) Regulations 2005

Scottish Statutory Instrument 2005 No. 530 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
28 October 2005
In force from
28 October 2005
Extent
Not stated
Subject
TV licensing, fare evasion and school attendance
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 give effect to Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (O.J. No. L 274, 20.10.2005, p.105), as amended by Commission Decision 2005/745/EC (O.J. No. L 279, 22.10.2005, p.79). These Regulations require the Scottish Ministers to evaluate the risk of the transmission of avian influenza virus and to take appropriate measures to reduce that risk (regulation 4(1) and (2)). Regulation 4(2) and (3) provides for the Scottish Ministers to declare avian influenza prevention zones or to serve notices on premises at risk and lists the measures which may be imposed in zones and premises. These include the housing of poultry and the feeding of poultry indoors. Regulation 5 prohibits the holding of poultry gatherings of birds anywhere in Scotland unless they are licensed by a veterinary inspector after a risk assessment. Regulation 6(1) requires keepers of 50 or more poultry on commercial poultry premises anywhere in Scotland to keep written records of their poultry and of other information, including whether poultry have access to the open air. Regulation 6(2) requires keepers to notify the Scottish Ministers of this information. The date by which they must do this will be specified in further Regulations. Regulation 7 allows the Scottish Ministers to require other keepers to provide some or all of this information if they consider this necessary. Regulations 8 and 9 relate to the monitoring of premises and the powers of inspectors appointed by the Scottish Ministers and by local authorities. Regulation 10 provides for provisions in the Animal Health Act 1981 relating to enforcement and offences to apply to these Regulations. Regulation 11 provides default powers for inspectors in case of any breach of the Regulations. A regulatory impact assessment has not been prepared in respect of these Regulations.

Offences created by this instrument

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.

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