The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006

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).