The Exotic Disease (Amendment) (England) Order 2024

Amendments to the Avian Influenza (Preventive Measures) (England) Regulations 2006

4.—(1) The Avian Influenza (Preventive Measures) (England) Regulations 2006(1) are amended as follows.

(2) For regulation 7 (identification of poultry premises) substitute—

“Notification of premises where poultry or other captive birds are kept

7.— (1) A person who keeps poultry or other captive birds at any premises must notify the Secretary of State in writing of the following information in relation to the premises—

(a) the address and (if there is one) the holding number of the premises;

(b) that person’s name and address and, if different from that person’s, those of—

(i) the owner of the poultry or other captive birds; and

(ii) the occupier of the premises;

(c) the species of poultry or other captive birds kept at the premises;

(d) the number of birds of each species of poultry or other captive birds kept at the premises; and

(e) the purpose or purposes for which the poultry or other captive birds are kept.

(2) A person who keeps 50 or more poultry birds or other captive birds at any premises must notify the Secretary of State in writing of the following information in addition to the requirements set out in paragraph (1)—

(a) in relation to poultry—

(i) the husbandry system or systems in use at the premises;

(ii) the purposes for which poultry is kept, whether for the production of meat, hatching eggs, eggs for consumption or any other purpose;

(b) details of any seasonal stocking variations which are likely to result in a significant variation in the number or species of poultry or other captive birds on the premises at any time during any given 12-month period; and

(c) details of the number and species of poultry or other captive birds with access to open air on the premises.

(3) The notification made under paragraph (1) or (2) must be—

(a) made in writing on or before 1 October 2024;

(b) updated online—

(i) before 1 October 2025; and

(ii) in each subsequent calendar year, within 12 months of the update last made under this paragraph or paragraph (5).

(4) A person who, after 1 September 2024 becomes the keeper of any poultry or other captive birds at any premises, must—

(a) within 30 days of becoming the keeper, notify the Secretary of State in writing of the information mentioned in paragraph (1), and where 50 or more such birds are kept at the premises, paragraph (2); and

(b) update that notification online in each subsequent calendar year, within 12 months of the update last made under this paragraph or paragraph (5).

(5) A person who has made a notification under this regulation must update the notification within 30 days of any change of the following kinds—

(a) a change in any of the matters required to be notified under paragraph (1)(a), (b), (c ), (e), or (2);

(b) in relation to premises where 50 or more poultry birds or captive birds are kept, an increase or decrease of 20% or more in the number of poultry or other captive birds specified under paragraph (2) unless this change is due to—

(i) the emptying of poultry houses or hatcheries for immediate restocking; or

(ii) seasonal stocking.

(6) The Secretary of State may by notice, require a person making a notification under paragraph (1) or (2) to notify information additional to that required under the paragraph in question.

(7) A person required to notify information under paragraph (6) must do so within 30 days of receiving notice from the Secretary of State.

(8) In this regulation and regulation 7A, “access to open air” means—

(a) permanent or temporary housing of poultry or other captive birds in a fully or partially meshed, netted or caged outdoor structure, whether fixed or mobile, which is not fully enclosed within a building; or

(b) temporary removal of poultry or other captive birds from their housing in order to be flown freely outdoors;”.

(3) After regulation 7 (notification of premises where poultry or other captive birds are kept) insert—

“Notification of premises where birds are kept: exceptions

7A.   The requirement to notify the Secretary of State under regulation 7 does not apply to keepers of captive birds at any premises where the only captive birds kept—

(a) belong to the order Psittaciformes or Passeriformes; and

(b) are housed on the premises fully within a dwelling or within a bird house with no access to open air”.

(1)

S.I. 2006/2701; there are amendments not relevant to this Order.