The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

Derogations from restrictions applicable at suspect premises

11.—(1) The Department may, in a notice served under regulation 10 on the occupier of a laboratory where low pathogenic avian influenza virus is kept, impose such of the measures in Schedule 1 and such measures relating to the operation of the laboratory as it considers necessary.

(2) The Department may, by licence or in a notice served under regulation 10 grant derogations from paragraphs 2, 3, 4 and 6 of Schedule 1 to the occupier of any premises other than those referred to in paragraph (1).

(3) The Department shall 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 could be taken; and

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

(4) The Department may, by licence or in a notice served under regulation 10, also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1 if—

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

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

(c) it 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 could be taken.