Ban on bird gatherings

15.—(1) No person shall arrange any fair, market, show, exhibition or other gathering involving the collecting together of poultry or other captive birds in a restricted zone.

(2) No person shall bring any poultry or other captive bird to such a gathering in such a zone.

16.—(1) Any person required to give reasonable assistance or information to a person executing this Order must, unless that person has reasonable cause, do so without delay.

(2) No person shall deface, obscure or remove any mark applied by an inspector under article 21(1).

(3) No person shall provide information which that person knows to be false or misleading to a person executing this Order.

(4) The costs incurred by any person in taking action required, or in refraining from taking action prohibited, under this Order must be met by that person unless the Scottish Ministers direct otherwise in writing.

Cleansing and disinfection

17.—(1) Any person who is required under this Order to carry out disinfection at any premises or of any thing must–

(a) use disinfectants approved by the Scottish Ministers under the Diseases of Animals (Approved Disinfectants) Order 1978(11) (“the Disinfectants Order”) for use under the Diseases of Poultry (Scotland) Order 2003(12);

(b) use them at the concentrations approved under the Disinfectants Order; and

(c) use them–

(i) in accordance with the manufacturer’s instructions (if any); or

(ii) if a veterinary inspector has instructed otherwise, in accordance with those instructions.

(2) Where cleansing and disinfection of vehicles is required at any premises under this Order, the occupier of those premises must provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Record keeping

18.—(1) A person moving poultry, other captive birds or their products under a licence granted under this Order must–

(a) as soon after the movement as is reasonably practicable, make a record of–

(i) what is moved, including its quantity;

(ii) the date of the movement;

(iii) the name of the consignor;

(iv) the address of the premises from which the movement started;

(v) the registration number of any vehicle used;

(vi) the name of the consignee; and

(vii) the address of the destination; and

(b) retain it for at least 6 weeks from the date the movement was completed.

(2) A person who is required under this Order to make any other record must retain it for at least 12 months from the date the record is made.

(3) A person required to produce a record by a person executing this Order must do so without delay.

(4) On production of the record, the person executing this Order may–

(a) copy the record, in whatever form it is held;

(b) require any computer record to be produced in a form which can be taken away; and

(c) remove any record and retain it until that person has carried out functions under this Order.

Change of occupation of premises under restriction

19.—(1) This article applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of the keeper’s right of occupation because of a movement restriction imposed under this Order and continues to apply for 7 days after any such restriction has been removed.

(2) The person entitled to occupation of the premises following that termination must–

(a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and

(b) allow entry to the premises to that keeper and any person authorised by that keeper at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.

(3) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, the person entitled to occupation of the premises must take such reasonable steps as are necessary to ensure it is properly fed and tended.

(4) The keeper is liable to pay the reasonable costs incurred under this article by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Disapplication of provisions to any person executing this Order

20.—(1) Provisions in this Order which prohibit or restrict the movement or use of any thing do not apply, in their execution of this Order, to–

(a) the Scottish Ministers;

(b) the local authority; and

(c) any person authorised by the Scottish Ministers or by the local authority to execute this Order.

(2) No breach of this Order by the Scottish Ministers, the local authority or a person so authorised shall give rise to a criminal offence.

Powers of inspectors

21.—(1) An inspector executing this Order may mark any bird or other thing for identification purposes.

(2) An inspector executing this Order may require–

(a) the person in charge of any vehicle or equipment to cleanse and disinfect it, by serving a notice on that person; and

(b) the detention and isolation of any vehicle, equipment or other thing, by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it.

(3) A veterinary inspector executing this Order, or an inspector acting under the direction of a veterinary inspector, may cleanse and disinfect any premises.

(4) A veterinary inspector executing this Order, or an inspector acting under the direction of a veterinary inspector, may require–

(a) the cleansing and disinfection of any thing, by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it;

(b) the cleansing and disinfection of any premises, by serving a notice on the occupier of the premises;

(c) the detention or isolation in a specified place of any animal or bird, by serving a notice on the occupier of the premises where it is kept, or on its keeper;

(d) the separation of any animal or bird from any other animal or bird, by serving a notice on the occupier of the premises where it is kept, or on its keeper.

Powers of inspectors in case of default

22.—(1) If any person fails to comply with a requirement under this Order, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met, at the expense of that person.

(2) An inspector’s powers under paragraph (1) include powers–

(a) to require, by notice, any person to take or refrain from specified action in respect of any place, animal, bird, vehicle, or other thing; and

(b) to seize and detain any thing.

Offences by bodies corporate

23.—(1) If an offence committed by a body corporate is shown–

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on that officer’s part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body.

(3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(4) “Body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.

Enforcement

24.—(1) This Order must be enforced by the local authority.

(2) The Scottish Ministers may direct, in relation to cases of a particular description or to a particular case, that they will enforce this Order instead.