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.