The Avian Influenza (H5N1 in Birds etc.) (Miscellaneous Amendment and Revocation) (Scotland) Order 2021

JurisdictionScotland
CitationSSI 2021/444

2021 No. 444

Animals

The Avian Influenza (H5N1 in Birds etc.) (Miscellaneous Amendment and Revocation) (Scotland) Order 2021

Made 29th November 2021

Laid before the Scottish Parliament 1st December 2021

Coming into force 4th December 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1, 7, 8(1), 11, 17(1), 23 and 25 of the Animal Health Act 19811and all other powers enabling them to do so.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Avian Influenza (H5N1 in Birds etc.) (Miscellaneous Amendment and Revocation) (Scotland) Order 2021 and comes into force on 4 December 2021.

(2) This Order extends to Scotland only.

S-2 Amendment of the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

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

2.—(1) The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 20062is amended as follows.

(2) In article 47(2)(a) (movement of eggs from premises where low pathogenic avian influenza is confirmed) omit “, in disposable packaging”.

(3) In paragraph 25 (requirements for the movement of table eggs to a packing centre) of schedule 4 (measures in a protection zone) omit sub-paragraph (a).

(4) In paragraph 22 (requirements for the movement of table eggs to a packing centre) of schedule 5 (measures in a surveillance zone) omit sub-paragraph (a).

(5) In paragraph 7(f) (restrictions on the movement of poultry, other captive birds and eggs out of the zone) of schedule 7 (measures in a low pathogenic avian influenza restricted zone) omit “in disposable packaging and”.

S-3 Revocation of Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds.

Revocation of Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds.

3. Commission Decision 2006/563/ECconcerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC3is revoked.

S-4 Amendment of the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

Amendment of the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

4.—(1) The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 20074is amended as follows.

(2) In article 2 (interpretation)—

(a)

(a) for the definition of “H5N1” substitute—

“” means a highly pathogenic avian influenza virus of the H5 subtype and neuraminidase N1 of significant risk to animal and human health,

”,

(b)

(b) after the definition of “hatching egg” insert—

“” means—

(a) a virus with genome sequences codifying for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other highly pathogenic avian influenza viruses, indicating that the haemagglutinin molecule can be cleaved by a host ubiquitous protease, or

(b) avian influenza viruses with an intravenous pathogenicity index in six-week old chickens greater than 1.2,

(3) For article 5(1) (confirmation or suspicion of H5N1 in wild birds) substitute—

S-1

1 This article applies if the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that—

(a) a highly pathogenic avian influenza virus of the H5 subtype and neuraminidase N1 is present in a wild bird or the carcase of a wild bird in Great Britain, and

(b) the Chief Veterinary Officer (Scotland) suspects, or is of the opinion, that the virus is a significant risk to animal and human health.

(4) In article 12 (maintenance of areas)—

(a)

(a) in paragraph (1) for the words from the beginning to “neuraminidase N1” substitute ,

(b)

(b) in paragraph (4)—

(i) after “H5” insert ,

(ii) for “of neuraminidase N1” substitute .

S-5 Amendment of the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

Amendment of the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

5.—(1) The Avian Influenza (H5N1 in Poultry) (Scotland) Order 20075is amended as follows.

(2) In article 6(1) (establishment of zones on suspicion of avian influenza of subtype H5N1 in poultry)—

(a)

(a) in sub-paragraph (a) omit “and”,

(...

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