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Annex G Access
Guidance on Risk
1. The only people who risk spreading Avian Influenza (low or high pathogenic) or Newcastle Disease are those who have contact with poultry or their manure/litter, and those who unintentionally carry the disease on their footwear/clothes/hands/transport. Risks of disease being spread by those seeking recreational access to the countryside are generally very small. These risks can be reduced to negligible by avoiding direct contact between people, vehicles and other modes of transport - and flocks, including those birds within free range farms and those wild birds congregating in a particular area, e.g. loch side. Provided these circumstances prevail, there is no requirement to restrict public outdoor access even in the Protection Zone.
Responsibility
2. Access to premises which have confirmed disease ("Infected Premises" or IPs) will be restricted. More widely, within a declared Protection Zone, Scottish Ministers have powers, if they consider it necessary to reduce the risk of spread of Avian Influenza, to impose measures by declaration*. These measures may include prohibition or restriction of movement for various categories of vehicles, workers, and other persons. Under Article 33(2)(c), these powers may be used to prohibit or restrict the movement of any unauthorised person onto any premises (including common, unenclosed and waste land), notwithstanding the existence of any public path, right of way or right of access. An inspector, appointed by the Scottish Executive or a local authority under the Animal Health Act 1981 as amended, must cause notice of any such prohibition to be displayed at every entrance to such place where it applies (see example of the Prohibition Notice below). All closures will be specific and time-limited, depending of course on how quickly the disease is effectively controlled.
3. Any specific closure of land or restriction of access rights may only be declared by Scottish Ministers within a part, or whole, of the Protection Zone. Any such restriction will be based on veterinary risk assessment carried out under the auspices of the State Veterinary Service. Official signage must be followed at all times. With regard to access signs, members of the public should only take account of those signs provided formally by the Scottish Executive, the State Veterinary Service or by the local authority. It is an offence under section 73 of the Animal Health Act 1981 as amended, punishable in accordance with section 75 of that Act, to erect unofficial signs preventing or deterring access rights.
4. Any local authority seeking the approval of Scottish Ministers for the closure of paths, etc in their area should contact the Disease Strategy Unit in Pentland House, Edinburgh. This will ensure that a balanced and consistent approach is taken, including publicising the key message that general public access to the outdoors is not restricted. If applicable, the local authority website should contain details of any official closures. The Scottish Executive and local authority websites will also be supported by information in the local and national press, and other sources such as teletext and ceefax may also be used for publicising access information.
Land Reform (Scotland) Act 2003
5. Part 1 of the Land Reform (Scotland) Act 2003 establishes rights of responsible access to land and inland water for recreation, passage and other purposes. Local authorities have the duty to assert, protect and keep open and free from obstruction any route or means by which access rights are exercised. In the event of an outbreak of a disease such as Avian Influenza/Newcastle Disease, these rights may be restricted within the Protection Zone. Local authorities, in conjunction with local access forums as appropriate, will continue to have a role in resolving local issues with veterinary advice from the SVS being provided when necessary.
6. The Scottish Outdoor Access Code approved by the Scottish Parliament provides guidance on the rights and responsibilities of access. Sections 3.32 and 3.33 of the Code provide specific guidance on biosecurity and any disease outbreaks.
*The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 [ SSI 2006/336], Article 33 - in exercise of powers conferred by the Animal Health Act 1981, as amended.
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