Current status: Answered by Jim Fairlie on 3 June 2025
To ask the Scottish Government, further to the answer to question S6W-37428 by Jim Fairlie on 12 May 2025, and in light of reported errors within the February 2025 version of the general licence to arrange a fair, market, show, exhibition or other gathering involving the collecting together of birds in Scotland (EXD 178 (AI) (S)), whether it sought legal advice whilst drafting the general licence, and, if not, for what reason it chose not to do so.
Scottish Government sought legal advice whilst drafting the general licence.
The licence is made under article 4(1) of the Avian Influenza (Preventive Measures) (Scotland) Order 2007 and issued by a veterinary inspector. It permits the collection of birds at fairs, markets, shows, exhibitions or other gatherings subject to the conditions set out in the Schedule. A veterinary inspector shall only grant a licence if a veterinary risk assessment has been carried out, in accordance with article 4(2) of that Order, and the veterinary inspector is satisfied that the gathering and the transit of birds to and from the gathering would not significantly increase the risk of the transmission of avian influenza virus (in particular of virus of the subtype H5N1). These licences are regularly reviewed to reflect the changing risk from avian influenza. General licence changes will also take into consideration feedback from industry and members of the public.