46.—(1) If the Department confirms that low pathogenic avian influenza or low pathogenic avian influenza virus exists on any premises other than a regulated place, it must—
(a)apply, by notice served on the occupier of the infected premises, such of the measures in Part I 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) If the Department confirms that low pathogenic avian influenza or low pathogenic avian influenza virus exists at a regulated place, it may apply, by notice served on the occupier of that place, such of the measures in Part I of Schedule 6 as it considers necessary to reduce the risk of the spread of avian influenza.
(3) The Department shall not grant a licence for any movement otherwise prohibited under Part I of Schedule 6 unless it is satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.
(4) When reaching a decision under paragraph (3), the Department must, in particular, take into account the criteria in Part II of Schedule 6.
(5) An inspector who knows or suspects that any poultry, other captive bird or any thing on a vehicle is infected or contaminated with low pathogenic avian influenza, may by notice served on the owner or driver of the vehicle or on the occupier of any premises—
(a)require the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated; and
(b)direct that the vehicle be moved to such premises as the inspector directs.
(6) Any expenses arising from the movement or detention of any bird or any thing (including the cost of feeding and watering any bird) must be paid by its owner.
Commencement Information
I1Reg. 46 in operation at 10.2.2007, see reg. 1