The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006

• Citation: S.I. 2006/1762 (W.)
• Sections: 202

Section 1 Title, application and commencement

(1) The title of this Order is the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006.

(2) This Order applies in relation to Wales and comes into force on 6 July 2006.

Section 2 Interpretation

In this Order—

“ the Act ” means the Animal Health Act 1981;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six-week old chickens greater than 1.2;

“border inspection post” means a place specified as such in Schedule 2 to the Animal and Animal Products (Import and Export) (Wales) Regulations 2005 ;

“carcase” means the carcase of any bird and includes any part of a carcase;

“the Chief Veterinary Officer” means the Chief Veterinary Officer appointed by the National Assembly;

“commercial poultry premises” means commercial premises where poultry are kept;

“commercial premises” means premises where poultry or other captive birds are kept for commercial purposes and does not include premises where all poultry and their eggs are kept by their owners for their own consumption or use or, in the case of poultry, as pets;

“competent authority” means the authority in a member State authorised by it to carry out its functions under the Directive;

“contact premises” has the meaning given in article 26;

“controlled zone” means a protection zone, a surveillance zone, a restricted zone, a temporary movement restriction zone, a temporary control zone, a low pathogenic avian influenza restricted zone, an avian influenza prevention zone, or an avian influenza (restrictions on mammals) zone;

“day-old chick” means all poultry less than 72 hours old which have not yet fed and muscovy ducks ( Cairina moschata ) and their crosses less than 72 hours old, whether or not fed;

“designated” means designated by the National Assembly in accordance with article 71;

“the Directive” means Council Directive 2005/94/ EC on Community measures for the control of avian influenza which repealed Council Directive 92/40/ EEC ;

“dispose” means deal with in accordance with the Animal By-Products (Wales) Regulations 2005 ;

“the Divisional Veterinary Manager” means the veterinary inspector of the State Veterinary Service with this title appointed by the National Assembly for the area in which premises are located;

“highly pathogenic avian influenza” means an infection of poultry or other captive birds caused by—

avian influenza viruses of the subtypes H5 or H7 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;

“keeper” means any person responsible for birds or animals, whether on a permanent or temporary basis, but does not include a person responsible for them solely because he or she is transporting them;

“local authority” means in relation to an area the county council or county borough council for that area;

“low pathogenic avian influenza” means an infection of poultry or other captive birds caused by avian influenza viruses of subtypes H5 or H7 other than avian influenza viruses of subtypes H5 or H7 which cause highly pathogenic avian influenza;

“mammal” means any mammal, except man;

“National Assembly” means the National Assembly for Wales of Cathays Park, Cardiff CF10 3NQ;

“non-commercial premises” means premises where poultry or other captive birds are kept by their owners for their own consumption, use or as pets;

“occupier” means the person in charge of premises;

“other captive bird” means a bird kept in captivity which is not poultry and includes a pet bird and a bird kept for shows, races, exhibitions, competitions, breeding or for sale;

“poultry” means a bird reared or kept in captivity for the production of meat or eggs for consumption, or of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“premises” includes any land, building or other place;

“prohibition notice” has the meaning given in article 35(4);

“quarantine centre” means premises where imported birds are quarantined on arrival in Wales;

“racing pigeon” means any pigeon transported or intended for transport from its pigeon house so that it may be released and freely fly back there or to another destination;

“regulated place” means a slaughterhouse, quarantine centre or border inspection post;

“slaughterhouse” means an establishment used for slaughtering poultry, the meat of which is intended for human consumption;

“special category premises” has the meaning given in article 22(3);

“unregulated period of infection” has the meaning given in article 23(3);

“vehicle” includes any means of transport and includes—

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

a detachable part of any vehicle;

a container or other structure designed or adapted to be carried on a vehicle;

“veterinary surgeon” means a person who is registered in the register of veterinary surgeons maintained by the Royal College of Veterinary Surgeons (“the College”) or in the supplementary register maintained by the College.

Section 3 Scope of the Act and of this Order

(1) For the purposes of the Act in its application to avian influenza and to this Order—

(a) the definition of “poultry” in section 87(4) of the Act is extended to include all birds;

(b) the definition of “animals” in section 87(1) of the Act is extended to include all mammals, except man;

(c) the definition of “disease” in section 88(1) of the Act is extended to include any infection in mammals caused by influenza virus of avian origin.

(2) Section 32 of the Act applies to any infection in mammals caused by influenza virus of avian origin.

(3) This Order does not apply to anything done in accordance with a licence under the Specified Animal Pathogens Order 1998 .

Section 4 Declarations, licences, notices and designations under this Order

(1) Declarations under this Order—

(a) must be in writing;

(b) may be amended or revoked, by further declaration in writing, at any time;

(c) must designate the extent of any controlled zone being declared;

(d) must list or refer to the measures which apply in such a zone and state whether they apply in all or part of the zone;

(e) must state to which categories of bird or mammal measures apply; and

(f) must, where they designate a controlled zone, be ended by further declaration.

(2) Licences under this Order—

(a) must be in writing;

(b) may be general or specific;

(c) may, in addition to any conditions required by this Order, be made subject to such conditions as the National Assembly considers necessary to control avian influenza; and

(d) may be amended, suspended or revoked, in writing, at any time.

(3) Notices under this Order—

(a) may be amended or revoked, by further notice, at any time;

(b) must specify whether they apply to all or part of premises;

(c) must, if they apply to part of premises, specify to which part they apply.

(4) Designations under this Order—

(a) must be in writing;

(b) may be made subject to such conditions as the National Assembly considers necessary to control avian influenza;

(c) may be amended, suspended or revoked in writing at any time.

(5) The National Assembly must take such steps as it considers fit to ensure that declarations, licences, notices and designations are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

(6) The National Assembly must, in particular, ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

(7) Except as otherwise directed by the National Assembly in a declaration of a controlled zone or by notice to the licence holder—

(a) licences granted in Scotland, England or Northern Ireland for activities which could be licensed in Wales under this Order have effect in Wales as if they were licences granted under this Order; and

(b) premises in Scotland, England and Northern Ireland designated respectively by the Scottish Ministers, the Department for the Environment, Food and Rural Affairs or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the National Assembly for the purposes of this Order.

(8) A person moving anything under the authority of a specific licence granted under this Order must—

(a) keep the licence or a copy of it with him or her at all times during the licensed movement;

(b) on demand by an inspector, a veterinary inspector or by another officer of the National Assembly, produce the licence and allow a copy or extract to be taken; and

(c) on such demand, furnish his or her name and address.

(9) A person moving anything under the authority of a general licence granted under this Order must—

(a) carry with him or her, at all times during the licensed movement, a consignment note which contains details of—

(i) what is moved (including its quantity);

(ii) the date of the movement;

(iii) the name and address of the originating premises;

(iv) the name and address of the destination;

(b) on demand by an inspector, a veterinary inspector or by another officer of the National Assembly, produce the consignment note and allow a copy or extract to be taken; and

(c) on such demand, furnish his or her name and address.

(10) Unless the National Assembly declares otherwise in a declaration of a controlled zone or by notice to the occupier of any premises or to the owner or occupier of any vehicle, any movement which has already started when such a declaration comes into force may be completed.

Section 5 Controlled zones

(1) Subject to paragraph (2), premises which are only partly in a controlled zone are deemed to be wholly within the controlled zone.

(2) Premises in any controlled zone which are partly in one of the following zones and partly in another are deemed to be wholly in the zone furthest up the following list—

(a) protection zone;

(b) surveillance zone;

(c) restricted zone;

(d) temporary control zone;

(e) temporary movement restriction zone;

(f) low pathogenic avian influenza restricted zone;

(g) avian influenza prevention zone.

(3) Every controlled zone (other than an avian influenza prevention zone) is an infected area for the purposes of the Act.

Section 6 Measures to reduce the risk of transmission of avian influenza

(1) If the National Assembly considers it necessary (having carried out a risk assessment) to reduce the risk of transmission of avian influenza to poultry or other captive birds from wild birds or from any other source, it must do one or more of the following—

(a) declare an avian influenza prevention zone in all or part of Wales;

(b) serve a notice on the occupier of any premises where poultry, other captive birds or any categories of poultry or captive birds specified in the notice are kept;

(c) ban or limit the collection of poultry or other captive birds at any fair, market, show, exhibition, race or other gathering.

(2) The National Assembly must, in its declaration of an avian influenza prevention zone or in the notice, impose such restrictions and requirements as it considers necessary to reduce the risk of transmission of avian influenza and must consider, in particular, the measures necessary—

(a) to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;

(b) to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus;

(c) to reduce the risk of the spread of avian influenza between premises.

(3) The National Assembly’s powers under paragraph (2) include powers—

(a) to require poultry and other captive birds to be housed or otherwise kept separate from wild birds;

(b) to require species of poultry or other captive birds specified in the declaration to be housed or otherwise kept separate from other poultry and captive birds;

(c) to require that poultry and other captive birds are provided with feed and water to which wild birds have no access;

(d) to prohibit the use of birds of the orders Anseriformes (including ducks, geese and swans) and Charadriiformes (including gulls, murres, terns, avocets, puffins, woodcock, oystercatchers, sandpipers, plovers, surfbirds, snipes and skimmers) as decoys during bird hunting;

(e) to require keepers of poultry and other captive birds and others who come into contact with such birds to cleanse and disinfect their footwear and take such other biosecurity measures as a veterinary inspector may require.

Section 7 Surveillance for avian influenza

(1) The National Assembly must carry out surveillance at such premises and of such birds as it considers necessary—

(a) to detect the prevalence in different species of poultry of infection with avian influenza virus subtypes H5 and H7; and

(b) to assess the risk of the spread of influenza of avian origin by wild birds.

(2) The National Assembly must give notice to the occupier of premises selected by it for the purposes of such a survey.

Section 8 Disapplication of measures to regulated places

Articles 10 to 17 do not apply to regulated places.

Section 9 Notification procedures and precautions to be taken where avian influenza is suspected

(1) A person who has in his or her possession or under his or her charge any bird or carcase which has, or which he or she suspects may have, avian influenza must—

(a) immediately notify the Divisional Veterinary Manager; and

(b) take all reasonable steps to ensure that the restrictions and requirements set out in Schedule 1 are complied with.

(2) A person who examines or inspects any bird or carcase or who analyses any sample taken from any bird or carcase and who suspects the presence of avian influenza in the bird, carcase or sample must immediately inform the Divisional Veterinary Manager.

Section 10 Notice of restrictions where avian influenza is suspected on premises

(1) If an inspector suspects that avian influenza or avian influenza virus exists on any premises or has existed there within 56 days (whether or not notification has been made under article 9), he or she must serve a notice on the occupier of the premises requiring him or her to comply with such of the restrictions and requirements set out in Schedule 1 as are specified in the notice.

(2) An inspector must not withdraw the notice of restrictions unless instructed to do so by the Chief Veterinary Officer.

(3) An inspector must also notify the occupier of any additional measures which the National Assembly considers should apply to the premises in exercise of its powers under article 13(b).

Section 11 Derogations from restrictions applicable at suspect premises

(1) A veterinary inspector or an inspector acting under his or her authority may, in a notice served under article 10 or by licence, grant derogations from paragraphs 2 to 4 of Schedule 1.

(2) The National Assembly must not grant such a derogation unless it has considered—

(a) the risk of the possible spread of avian influenza were the derogation to be granted;

(b) any precautionary measures which have been or which could be taken; and

(c) the destination of any birds or things which would be moved were the derogation to be granted.

(3) A veterinary inspector (or an inspector acting under the authority of a veterinary inspector) may, in a notice served under article 10 or by licence, also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1, but must not do so unless—

(a) the premises the subject of the derogation are non–commercial premises;

(b) the premises contain other captive birds but no poultry;

(c) he or she has considered the risk of the possible spread of avian influenza were the derogation to be granted and any precautionary measures which have been or which could be taken.

Section 12 Veterinary inquiries and sampling

(1) The National Assembly must, if it suspects that poultry or other captive birds on or moved from premises the subject of a notice under article 10 may be infected with avian influenza, ensure that a veterinary inquiry is started at those premises as soon as reasonably practicable to ascertain whether the disease exists or has existed there.

(2) The National Assembly must, if it authorises a veterinary inspector or another veterinary surgeon to take samples from poultry or other captive birds on other premises or other than for the purposes of such a veterinary inquiry, direct (by notice to the occupier of the premises) whether any of the requirements set out in Schedule 1 apply to the premises where the samples are taken.

Section 13 Measures to minimise the risk of the spread of avian influenza from suspect premises

The National Assembly must, if it considers it necessary to minimise the risk of the spread of avian influenza or of avian influenza virus from suspect premises in England, Wales, Scotland or Northern Ireland, take one or more of the following measures—

(a) declare a temporary movement restriction zone in such part or parts of Wales as it considers necessary;

(b) serve a notice on the owner or occupier of suspect premises in Wales requiring him or her to comply with some or all of the measures set out in Schedule 2 (as well as those set out in Schedule 1);

(c) declare a temporary control zone in such part of Wales and of such size as it considers necessary around suspect premises.

Section 14 Restrictions where avian influenza is suspected in transit

A person exercising powers under articles 10 to 13 must take into account any measures taken in respect of vehicles under articles 38, 42, 43 and 45.

Section 15 Measures in a temporary movement restriction zone

(1) The National Assembly must, in a declaration of a temporary movement restriction zone (and in relation to such part or parts of the zone as it thinks fit), ban or restrict the movement of such of the following as it considers necessary—

(a) poultry;

(b) other captive birds;

(c) eggs;

(d) vehicles used to transport poultry, other captive birds, eggs or anything else likely to transmit avian influenza;

(e) mammals.

(2) If the National Assembly bans or restricts the movement of mammals within a temporary movement restriction zone, it must lift the ban or restriction within 72 hours of it being declared unless it is satisfied that its continuation is necessary to minimise the risk of the spread of avian influenza (notwithstanding any continuing restrictions on the movement of other things listed in paragraph (1)).

(3) If the National Assembly imposes restrictions on the movement of mammals beyond 72 hours from when they were originally declared, it must review its decision to impose such restrictions a maximum of 72 hours after each renewal.

Section 16 Additional restrictions at suspect premises

In a notice served under article 13(b), the National Assembly must specify—

(a) which of the measures set out in Schedule 2 apply; and

(b) whether restrictions apply—

(i) to all poultry and other captive birds on the premises;

(ii) only to poultry or other captive birds suspected of being infected;

(iii) only to part of the premises.

Section 17 Declaration of a temporary control zone around the suspect premises

The National Assembly must in a declaration of a temporary control zone (in relation to premises in such part or parts of the zone as it thinks fit), impose such measures as it considers necessary to reduce the risk of the spread of avian influenza.

Section 18 Disapplication of measures to regulated places

This Part does not apply to regulated places.

Section 19 Restrictions on confirmation of highly pathogenic avian influenza

If the Chief Veterinary Officer confirms that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists on any premises, a veterinary inspector must (by notice to the occupier of the infected premises), impose, in addition to the restrictions and requirements set out in Schedule 1, the restrictions and requirements contained in Schedule 2.

Section 20 Killing of birds on premises

The National Assembly must, subject to article 21, ensure that poultry and other captive birds to be killed under paragraph 5 of Schedule 3 to the Act are killed without delay on the premises where they are kept.

Section 21 Movement of birds off premises for killing

If the National Assembly considers that killing birds off suspect premises would limit the risk of the spread of avian influenza more effectively, it may—

(a) direct, by notice to the occupier of the premises where the birds are located, that killing of the birds specified in the notice be carried out at a place specified in the notice; and

(b) license the movement of those birds to that place.

Section 22 Measures on special category premises

(1) The National Assembly must not license the movement from special category premises of birds not killed under paragraph 5 of Schedule 3 to the Act unless it is satisfied, following tests on the birds, that they are not infectious.

(2) A veterinary inspector must not license a movement to another member State unless the movement is authorised by the competent authority of that member State.

(3) The following are special category premises—

(a) non-commercial premises;

(b) circuses;

(c) zoos;

(d) pet shops;

(e) wildlife parks;

(f) fenced areas where poultry or other captive birds are kept for scientific purposes or for purposes related to the conservation of endangered species;

(g) premises or parts of premises where only breeds of poultry or other captive birds which the National Assembly considers to be rare are kept.

Section 23 Tracing of meat and eggs from infected premises

(1) The National Assembly must (subject to paragraph (2)) endeavour to trace from infected premises—

(a) the meat of all poultry slaughtered during the unregulated period of infection;

(b) poultry eggs laid at the premises during that period; and

(c) poultry hatched from such eggs.

(2) The National Assembly need not trace meat or poultry eggs moved from retail premises.

(3) “Unregulated period of infection” means the period from the date when, in the opinion of a veterinary inspector, avian influenza may first have been introduced to premises to the date when restrictions were imposed in relation to the premises under article 9.

Section 24 Measures when meat and eggs have been traced

(1) The National Assembly must ensure that any meat traced from infected premises in accordance with article 23 is destroyed.

(2) The National Assembly must—

(a) ensure that all eggs so traced are disposed of or moved directly to premises for the manufacture of egg products in accordance with a licence granted by a veterinary inspector; and

(b) require, by notice to the occupier of any premises to which poultry already hatched from eggs so traced have been moved, that the poultry are not moved off the premises for at least 21 days from the date they arrived there.

(3) A person moving eggs under a licence granted under sub–paragraph (2)(a) must ensure that—

(a) each consignment of eggs is sealed by a veterinary inspector or in accordance with his or her instructions before dispatch;

(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.

(4) No person is to tamper with a seal attached under sub-paragraph (3)(a) or remove it before the consignment arrives at the premises.

Section 25 Veterinary inquiry at infected premises

The National Assembly must ensure that veterinary inquiries continue at all infected premises for such period as it considers necessary.

Section 26 Identification of contact premises

(1) The National Assembly must serve a notice on the occupier of any premises if it suspects—

(a) that highly pathogenic avian influenza may have been carried there from other premises; or

(b) that highly pathogenic avian influenza may have been carried to other premises from there.

(2) Premises in respect of which a notice is served under this article are contact premises.

Section 27 Restrictions at contact premises

(1) The provisions of Schedule 1 apply to contact premises until the National Assembly notifies the occupier that those restrictions are withdrawn or that the premises are infected premises.

(2) The National Assembly may, by notice to the occupier of contact premises, also require the occupier to comply with one or more of the requirements of Schedule 2.

(3) When considering whether to require an occupier to comply with any of the requirements of Schedule 2, the National Assembly must take at least the following criteria into account—

(a) the existence of any clinical signs of avian influenza in any birds on the contact premises;

(b) the susceptibility to avian influenza of the species of poultry on the contact premises;

(c) any movements of poultry or other captive birds from infected premises to the contact premises after the earliest date a veterinary inspector considers avian influenza may have been introduced to the infected premises;

(d) the density of poultry in the area where the contact premises are located;

(e) the duration of the outbreak of avian influenza and its spread from infected premises;

(f) the proximity of the contact premises to infected premises;

(g) epidemiological links between the contact premises and infected premises;

(h) the extent to which measures to control the outbreak are working.

(4) When considering the proximity of the contact premises to infected premises under sub-paragraph (3)(f), the National Assembly must give particular consideration to whether it should impose measures on premises which are—

(a) within 500 metres of infected premises; or

(b) which are 500 metres or more from infected premises but are in an area with a high density of poultry.

(5) When considering epidemiological links between the contact premises and infected premises in accordance with sub-paragraph (3)(g), the National Assembly must give particular consideration to whether it should impose measures on premises with links to more than one infected premises.

(6) If the National Assembly requires poultry or other captive birds on a contact premises to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Section 28 Declaration of protection, surveillance and restricted zones

(1) The National Assembly must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza on premises in Wales, declare a protection zone and a surveillance zone around the infected premises.

(2) The National Assembly must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England which is 3 kilometres or less from Wales, declare a protection zone and a surveillance zone in Wales.

(3) The National Assembly must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England which is more than 3 and up to 10 kilometres from Wales—

(a) declare a surveillance zone in Wales; and

(b) declare a protection zone in Wales (if it considers it necessary to prevent the spread of avian influenza).

(4) The National Assembly may declare protection and surveillance zones in Wales on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England or Scotland which is more than 10 kilometres from Wales.

(5) The National Assembly must, if it considers it necessary to reduce the risk of the spread of avian influenza, declare one or more restricted zones in addition to protection and surveillance zones.

(6) Paragraphs (1), (2) and (3) do not affect the power of the National Assembly to disapply measures or to apply alternative measures under articles 30(2), 31(2) and 33.

Section 29 Size of zones

(1) A protection zone declared under paragraphs (1), (2) or (3) of article 28 must—

(a) be centred on the part of the infected premises which the National Assembly considers most appropriate, given the nature of the outbreak; and

(b) have a radius of at least 3 kilometres.

(2) A surveillance zone declared under paragraphs (1), (2) or (3) of article 28 must—

(a) be centred on the part of the infected premises which the National Assembly considers most appropriate, given the nature of the outbreak; and

(b) have a radius of at least 10 kilometres.

(3) A restricted zone must—

(a) either

(i) be centred on the part of the infected premises which the National Assembly considers most appropriate, given the nature of the outbreak; or

(ii) be adjacent to the surveillance zone or to another restricted zone; and

(b) be of such size as the National Assembly considers necessary.

(4) The National Assembly must take account of the criteria set out in paragraph (5) when deciding—

(a) what size zones to declare under paragraphs (1), (2) and (3) of article 28; and

(b) whether to declare restricted zones under paragraph (5) of article 28.

(5) The criteria referred to in paragraph (4) are—

(a) the results of veterinary inquiries;

(b) the geographical features of the area around the infected premises;

(c) the location and proximity of other premises containing poultry and other captive birds in the area;

(d) patterns of movement of and trade in poultry and other captive birds in the area;

(e) the facilities and personnel available to control movements within the zone (including any movement of poultry or other captive birds off premises for slaughter and disposal).

(6) Protection zones and surveillance zones declared under paragraph (4) of article 28 must be centred on the part of the premises which the National Assembly considers most appropriate, given the nature of the outbreak, and must be of such size as it considers necessary to reduce the risk of the spread of avian influenza.

Section 30 Measures in protection zones

(1) The measures in Schedule 4 apply in respect of a protection zone, subject to paragraph (2) and articles 33 and 35.

(2) The National Assembly may in its declaration of the protection zone, if it has carried out a risk assessment and does not believe that to do so would endanger disease control—

(a) disapply one or more of those measures to movements of racing pigeons into, from and within the zone;

(b) disapply one or more of the measures set out in paragraph 14 of Schedule 4 (restrictions on the movement of birds, eggs, poultry meat and carcases) and article 63(2) (restrictions on the movement of meat) if—

(i) the premises where avian influenza has been confirmed are special category premises; and

(ii) avian influenza has been confirmed in poultry on those premises.

(3) The National Assembly must ensure that—

(a) premises containing poultry and other captive birds within a protection zone are identified as soon as possible; and

(b) a veterinary inspector examines poultry and other captive birds at all such premises, carrying out examinations at commercial premises as soon as possible.

(4) The National Assembly may, notwithstanding sub-paragraph (3)(b), authorise a reduced level of surveillance to that provided for in that sub-paragraph—

(a) if the premises on which avian influenza is confirmed are special category premises; and

(b) if it is satisfied that this would not endanger disease control.

(5) The National Assembly must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza are carried out at premises to which things are moved within and out of a protection zone.

Section 31 Measures in surveillance zones

(1) The measures in Schedule 5 apply in respect of a surveillance zone, subject to paragraph (2) and articles 33 and 35.

(2) The National Assembly may, if it has carried out a risk assessment and does not believe that to do so would endanger disease control—

(a) disapply one or more of those measures to movements of racing pigeons into, from and within the zone;

(b) disapply one or more of the measures set out in paragraphs 6, 11 or 15 of Schedule 5 (restrictions on the movement of poultry and eggs within and outside the zone and of poultry, other captive birds and mammals onto premises) if—

(i) the premises where avian influenza has been confirmed are special category premises; and

(ii) avian influenza has been confirmed in poultry on those premises.

(3) The National Assembly must ensure that all commercial poultry premises within a surveillance zone are identified as soon as possible.

Section 32 Restrictions on trade in things from areas where measures have been disapplied

No person is to allow any poultry, other captive bird, hatching egg, used litter, manure or slurry from premises in respect of which any of the measures in Schedule 4 or 5 have been disapplied under articles 30 or 31 to be supplied for intra-Community or international trade, unless licensed by a veterinary inspector.

Section 33 Alternative measures where avian influenza is confirmed at a hatchery or in other captive birds on special category premises

(1) If the National Assembly is satisfied, following confirmation of highly pathogenic avian influenza at a hatchery or in other captive birds on special category premises, that applying less stringent measures than those set out in articles 28 to 31 would not endanger disease control, it may decide—

(a) not to make a declaration of any controlled zone around the premises;

(b) to declare fewer zones than required under article 28;

(c) to declare a controlled zone smaller in size than provided for in article 29;

(d) to specify in its declaration of a controlled zone that one or more of the measures set out in Schedules 4 and 5 do not apply in that zone.

(2) The National Assembly must carry out a risk assessment before reaching a decision under paragraph (1).

Section 34 Measures in restricted zones

(1) The National Assembly must, in a declaration of a restricted zone under article 28(5), apply, in each zone so declared, such measures as it considers necessary to reduce the risk of the spread of avian influenza.

(2) These measures may include some or all of the measures set out in Schedules 4 and 5 and article 35.

Section 35 Additional measures in protection, surveillance and restricted zones

(1) The National Assembly must, if it considers it necessary to reduce the risk of the spread of avian influenza, impose (by declaration) measures additional to those set out in Schedules 4 and 5.

(2) The National Assembly’s power to declare additional measures includes the power to prohibit or restrict—

(a) the movement of vehicles or people involved in—

(i) the supply of animal feed;

(ii) the supply of agricultural equipment;

(iii) the collection of eggs;

(iv) the transport of poultry to slaughterhouses;

(v) the collection of carcases for disposal;

(b) the movement of those working on premises, including veterinary surgeons;

(c) the movement of any person onto any premises (including common, unenclosed and waste land and agricultural buildings), notwithstanding the existence of any public footpath or right of way.

(3) The power to prohibit or restrict movement under paragraph (2)(c) applies only in relation to a protection zone and does not include a power to prohibit or restrict movement onto premises by—

(a) the owner or occupier of the premises;

(b) any person whose principal residence or place of employment is those premises;

(c) an officer of the National Assembly or an inspector;

(d) any person entering under the authority of a licence granted by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(4) An inspector must cause a notice of a prohibition declared in accordance with paragraph (2)(c) (“a prohibition notice”) to be displayed at every entrance to the prohibited place.

Section 36 Ending of protection, surveillance and restricted zones

(1) The National Assembly may, by declaration, end a protection zone but must not, in the case of a protection zone declared under paragraph (1), (2) or (3) of article 28 do so until—

(a) at least 21 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3; and

(b) a veterinary inquiry has been completed on all premises within the zone identified as containing poultry or other captive birds.

(2) On the ending of any protection zone, the area which formed that protection zone must become part of the associated surveillance zone.

(3) The National Assembly may, by declaration, end a surveillance zone but, in the case of a zone declared under paragraphs (1), (2) or (3) of article 28, must not do so until at least 30 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3.

Section 37 Veterinary measures at slaughterhouses

(1) The National Assembly must, if it suspects that highly pathogenic avian influenza exists at any slaughterhouse or has confirmed that it exists there—

(a) serve a notice on the occupier of the slaughterhouse informing him or her of this; and

(b) ensure that a veterinary inquiry is carried out at the slaughterhouse.

(2) No person is to move poultry from any slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed.

Section 38 Veterinary measures where avian influenza is suspected or confirmed in vehicles

(1) The National Assembly must, if it suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists in any vehicle or has confirmed that it exists there—

(a) serve a notice on the person in charge of the vehicle informing him or her of this; and

(b) ensure that a veterinary inquiry is carried out in relation to the vehicle.

(2) An inspector who knows or suspects that any poultry or other captive birds in transit are infected or contaminated with avian influenza may serve a notice on the keeper of the bird—

(a) directing movement of the bird to such premises as the inspector thinks fit; and

(b) requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(3) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Section 39 Killing of birds in slaughterhouses where disease is suspected or confirmed

The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must ensure that all poultry present on the premises at the date a notice is served on him or her under article 37(1) are killed there without delay and in accordance with a veterinary inspector’s instructions.

Section 40 Poultry meat and by-products in slaughterhouses where disease is suspected or confirmed

(1) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must, in accordance with a veterinary inspector’s instructions—

(a) keep poultry referred to in article 39 separate from any other poultry subsequently arriving at the slaughterhouse; and

(b) keep the following separate from other carcases, poultry meat and by-products—

(i) carcases and poultry meat from poultry referred to in article 39;

(ii) the by-products of such poultry;

(iii) poultry meat from any other poultry which may have been contaminated at the slaughterhouse during the killing of such poultry or the production process;

(iv) the by-products of the poultry referred to in paragraph (iii).

(2) Paragraph (1) applies to poultry moved to a slaughterhouse—

(a) from a border inspection post in accordance with article 41(2), as if references to article 39 were to that article; and

(b) on a vehicle in accordance with article 42, as if references to article 39 were to that article.

(3) The occupier of a slaughterhouse where highly pathogenic avian influenza is confirmed must, in accordance with the National Assembly’s instructions, dispose of the things set out in sub-paragraph (1)(b) or assist a veterinary inspector in removing those things from the premises.

Section 41 Measures at border inspection posts

(1) The National Assembly must, if it considers it necessary to reduce the risk of the spread of disease—

(a) require a veterinary inquiry to be carried out at a border inspection post where avian influenza is suspected or has been confirmed; and

(b) impose (by notice to the occupier of the border inspection post) such of the measures set out in Schedule 1 as it considers appropriate.

(2) The National Assembly must, by notice to the occupier of the border inspection post, direct where birds specified in the notice are to be killed, slaughtered or isolated.

(3) The National Assembly must ensure that poultry and other captive birds at border inspection posts which are to be killed under paragraph 5 of Schedule 3 to the Act are killed or slaughtered without delay.

(4) The National Assembly must ensure that poultry and other captive birds which are not to be so killed or slaughtered are kept isolated in accordance with a veterinary inspector’s instructions.

Section 42 Measures if avian influenza is suspected or confirmed in a vehicle

The National Assembly must, by notice to the owner or driver of any vehicle transporting birds which are suspected or confirmed as having highly pathogenic avian influenza, direct where birds specified in the notice are to be moved to be killed, slaughtered or isolated.

Section 43 Cleansing and disinfection of regulated places and vehicles

(1) The occupier of any regulated place where highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect those premises and any equipment and vehicles on those premises which may be contaminated in accordance with a veterinary inspector’s instructions.

(2) The owner or driver of any vehicle on which highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect the vehicle in accordance with a veterinary inspector’s instructions.

Section 44 Reintroduction of poultry and other captive birds

(1) No person is to reintroduce poultry to a slaughterhouse where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 43 has been carried out.

(2) No person is to reintroduce poultry or other captive birds to a border inspection post where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 43 has been carried out.

(3) The National Assembly may, by notice to the occupier of such a border inspection post, and if it considers it necessary to reduce the risk of the spread of avian influenza, prohibit the introduction of animals other than birds onto the premises until such cleansing and disinfection has been carried out.

Section 45 Measures at other premises

(1) The National Assembly must, if it suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists at any slaughterhouse or in any vehicle or has confirmed that it exists there—

(a) apply the measures set out in Schedule 1 to the premises of origin;

(b) apply the measures set out in Schedule 1 to premises which it considers to be suspect premises (because of their epidemiological link with the premises of origin);

(c) apply the measures set out in Schedule 2 to the premises of origin, unless it is satisfied (having considered the results of veterinary inquiries) that this is not necessary.

(2) The National Assembly must, if it suspects that highly pathogenic avian influenza exists at any border inspection post or has confirmed that it exists there, apply the measures set out in Schedule 1 to premises which it considers to be suspect premises (because of their epidemiological link with the border inspection post).

(3) The Chief Veterinary Officer must apply measures under this article by notice to the occupier of the relevant premises.

(4) In this article, “premises of origin” means any premises from which poultry or other captive birds which may be infected were moved to the slaughterhouse or on the vehicle.

Section 46 Measures when low pathogenic avian influenza is confirmed

(1) If the Chief Veterinary Officer confirms low pathogenic avian influenza on any premises other than regulated places, the National Assembly must—

(a) apply (by notice to the occupier of the premises) such of the measures set out in Part 1 of Schedule 6 as it considers necessary to reduce the risk of the spread of avian influenza; and

(b) ensure that a veterinary inquiry continues at the infected premises.

(2) The National Assembly must not permit any movement otherwise prohibited under Part 1 of Schedule 6 unless it is satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.

(3) When reaching a decision under paragraph (2), the National Assembly must, in particular, take into account the criteria set out in Part 2 of Schedule 6.

(4) An inspector who knows or suspects that any poultry or other captive bird in transit is infected or contaminated with avian influenza may serve a notice on the keeper of the bird—

(a) directing transport of the bird to such premises as the inspector thinks fit; and

(b) requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(5) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Section 47 Killing of poultry and other captive birds

(1) The National Assembly must ensure that poultry and other captive birds on premises where low pathogenic avian influenza is confirmed and which are to be killed on the premises under paragraph 5 of Schedule 3 to the Act are killed as soon as possible.

(2) The occupier of a slaughterhouse must ensure that poultry from premises where low pathogenic avian influenza has been confirmed are killed as soon as possible.

(3) The National Assembly must not authorise movement to a slaughterhouse unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

(4) The National Assembly must ensure that birds are killed or slaughtered in such a way as to reduce the risk of the spread of avian influenza.

Section 48 Movement of eggs from premises where low pathogenic avian influenza is confirmed

(1) If the National Assembly directs that poultry on any premises where low pathogenic avian influenza is confirmed are to be slaughtered at a slaughterhouse, it must not license the movement of eggs off the premises prior to the poultry being sent for slaughter unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

(2) The National Assembly may only license the movement of such eggs—

(a) to a designated packing centre, in disposable packaging;

(b) to an establishment for the manufacture of egg products; or

(c) for disposal.

Section 49 Veterinary surveillance of poultry

The National Assembly must ensure that any premises where poultry are kept before being sent to a slaughterhouse under article 47 are kept under veterinary surveillance.

Section 50 Measures on special category premises

(1) The occupier of special category premises where low pathogenic avian influenza has been confirmed but poultry and other captive birds are not killed under paragraph 5 of Schedule 3 to the Act must ensure that—

(a) poultry and other captive birds are housed or isolated (if, in the view of a veterinary inspector, housing is impractical or would adversely affect the birds' welfare to a significant degree);

(b) no poultry or other captive bird is moved from the premises except—

(i) to a designated slaughterhouse or other premises in accordance with a licence granted by a veterinary inspector; or

(ii) to a slaughterhouse in another member State or to other premises in another member State, if the movement is licensed by a veterinary inspector and is authorised by the competent authority of that member State.

(2) The occupier of the premises must take all reasonable steps to minimise contact between birds isolated under sub-paragraph (1)(a) and wild birds.

(3) A veterinary inspector must not grant a licence under sub-paragraph (1)(b) unless he or she is satisfied, following tests on the birds, that there is not a significant risk that the proposed movement would spread highly pathogenic avian influenza.