Alternative measures where avian influenza is confirmed at a hatchery or in other captive birds on special category premises
33.—(1) If, following confirmation of highly pathogenic avian influenza at a hatchery or in [F1any] other captive birds on special category premises, [F2or any birds on special category premises listed in article 22(3)(a) to (e) or (h)] the Secretary of State is satisfied that applying less stringent measures than those in articles 28 to 31 would not endanger disease control, he may decide—
(a)not to make a declaration of any controlled zone around the premises;
(b)to declare fewer zones than required under article 28;
(c)to declare a controlled zone smaller in size than provided for in article 29;
(d)to specify in his declaration of a controlled zone that one or more of the measures in Schedules 4 and 5 do not apply in that zone.
(2) The Secretary of State must carry out a risk assessment before reaching a decision under paragraph (1).
Textual Amendments
F1Word in art. 33(1) inserted (27.10.2022) by The Exotic Animal Disease (Amendment) (England) Order 2022 (S.I. 2022/1108), arts. 1(1), 4(6)(a)
F2Words in art. 33(1) inserted (27.10.2022) by The Exotic Animal Disease (Amendment) (England) Order 2022 (S.I. 2022/1108), arts. 1(1), 4(6)(b)