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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 646

ANIMALS

ANIMAL HEALTH

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

  Made 15th December 2005 
  Laid before the Scottish Parliament 15th December 2005 
  Coming into force 16th December 2005 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Avian Influenza (Preventive Measures) (Scotland) Amendment Regulations 2005 and shall come into force on 16th December 2005.

Amendment of the Avian Influenza (Preventive Measures) Regulations 2005
    
2. The Avian Influenza (Preventive Measures) Regulations 2005[2] shall be amended in accordance with regulations 3 to 5 of these Regulations.

Amendment to regulation 2
     3. In regulation 2 (interpretation) for the definition of "the Commission Decision" substitute–

Amendment to regulation 6
     4. In regulation 6 (identification of commercial poultry premises)–

Amendment to regulation 11
    
5. In regulation 11(1) (penalties and time limits) for "six" substitute "three".


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
15th December 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the provisions of the Avian Influenza (Preventive Measures) (Scotland) Regulations 2005 ("the principal Regulations"). The principal 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 virus A 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) ("Commission Decision 2005/734/EC") as amended by Commission Decision 2005/745/EC (O.J. No. L 279, 22.10.2005, p.79).

Commission Decision 2005/734/EC has been subsequently amended by Commission Decision 2005/855/EC (O.J. No. L 316, 2.12.2005, p.21) to provide:

These Regulations by replacing the definition of the Commission Decision in the principal Regulations give effect to these amendments (regulation 3).

In addition regulation 4 of these Regulations amends regulation 6 of the principal Regulations to provide–

These Regulations also correct an error in regulation 11 (penalties and time limits) of the principal Regulations by reducing the maximum term of imprisonment, on summary conviction, for offences under the principal Regulations, from six months to three months (regulation 5).


Notes:

[1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on a Minister of the Crown by section 2(2) were transferred, insofar as within devolved competence, to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2005/530.back

[3] O.J. L 274, 20.10.2005, p.105.back

[4] O.J. L 279, 22.10.2005, p.79.back

[5] O.J. L 316, 2.12.2005, p.21.back



ISBN 0 11 069880 0


 © Crown copyright 2005

Prepared 22 December 2005


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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050646.html