Animals 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. 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 2006 is 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”. 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/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC is revoked. Amendment of the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 4 1 The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 is amended as follows. 2 In article 2 (interpretation)— a for the definition of “H5N1” substitute— “ H5N1 ” means a highly pathogenic avian influenza virus of the H5 subtype and neuraminidase N1 of significant risk to animal and human health, , b after the definition of “hatching egg” insert— “ highly pathogenic avian influenza ” means— 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 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— 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 in paragraph (1) for the words from the beginning to “neuraminidase N1” substitute “Subject to paragraph (4), where article 5 applies” , b in paragraph (4)— i after “H5” insert “and neuraminidase N1” , ii for “of neuraminidase N1” substitute “a significant risk to animal and human health” . Amendment of the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 5 1 The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 is amended as follows. 2 In article 6(1) (establishment of zones on suspicion of avian influenza of subtype H5N1 in poultry)— a in sub-paragraph (a) omit “and”, b at the end of sub-paragraph (b) insert— , and c the virus is a significant risk to animal and human health. . 3 In article 8(1) (establishment of a restricted zone on confirmation of avian influenza of subtype H5N1 in poultry)— a in sub-paragraph (a) omit “and”, b at the end of sub-paragraph (b) insert— , and c the Chief Veterinary Officer (Scotland) is of the opinion that the virus is a significant risk to animal and human health. . Amendment of Commission Decision 2010/367/EU on the implementation of surveillance programmes for avian influenza in poultry and wild birds. 6 1 Commission Decision 2010/367/EU on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds is amended as follows. 2 In paragraph 5 (follow-up) of Part 1 of Annex 2 (guidelines on the implementation of surveillance programmes for avian influenza in wild birds) for the words from “control measures” to “ Decision 2006/115/EC ” substitute “measures in the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 ” . BEN MACPHERSON Authorised to sign by the Scottish Ministers St Andrew’s House Edinburgh 29th November 2021