Regulation 4 Preventive eradication

The Scottish Ministers may, where they consider appropriate on the basis of epidemiological information or other evidence, implement a preventive eradication programme of avian influenza.

As part of such a programme, the Scottish Ministers may cause to be killed the poultry and other captive birds on such premises as they consider necessary with a view to preventing the spread of avian influenza.

Killing shall be carried out in such a way as to minimise the dispersal of avian influenza virus.

Compensation shall be payable for any bird killed under this regulation as if that bird had been killed under the powers conferred by paragraph 5(1) of Schedule 3 to the Act, and as if the definition of “poultry” in section 87(4) of the Act was extended to include all species of bird.