The Avian Influenza (Preventive Measures) Regulations 2005

Interpretation

2.  In these Regulations—

“the Act” means the Animal Health Act 1981;

“the 2005 avian influenza survey” means the survey for avian influenza being carried out by the Secretary of State in accordance with Commission Decision 2005/464/EC on the implementation of survey programmes for avian influenza in poultry and wild birds to be carried out in the Member States(1) and with the national plan approved by Commission Decision 2005/732/EC approving the programmes for the implementation of Member States' surveys for avian influenza in poultry and wild birds during 2005 and laying down reporting and eligibility rules for the Community financial contribution to the implementation costs of those programmes(2);

“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;

“commercial poultry premises” means premises where poultry 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, in the case of poultry, as pets;

“the Commission Decision” means Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk(3), as amended by Commission Decision 2005/745/EC (OJ No L 279, 22.10.2005, p. 79)(4);

“inspector” means an inspector appointed by a local authority for the purposes of these Regulations or under the Act;

“local authority” means—

(a)

in any part of England where there is, within the meaning of Local Government Changes for England Regulations 1994(5), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county;

(iii)

in each London borough, the council of that borough;

(iv)

in the city of London, the Common Council;

“other captive bird” means any bird other than poultry kept in captivity, including any bird kept for shows, races, exhibitions and competitions (such as ornamental birds and racing pigeons);

“poultry” means all birds that are reared or kept in captivity for the production of meat, or eggs for consumption, the production of other commercial products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

“veterinary inspector” means an inspector appointed by the Secretary of State for the purposes of these Regulations or under the Act.

(1)

OJ L No 164, 24.6.2005, p. 52, as amended by Commission Decision 2005/726/EC (OJ No L 273, 19.10.2005, p. 21).

(2)

OJ No L 274, 20.10.2005, p. 95.

(3)

OJ No L 274, 20.10.2005, p. 105.

(4)

OJ No L 279, 22.10.2005, p. 79.

(5)

S.I. 1994/867, to which there are amendments not relevant to this Order.