11.—(1) The Chief Veterinary Officer shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this regulation by an inspector as soon as is reasonably practicable.
(2) The Chief Veterinary Officer shall ensure that the presence or absence of disease on any premises within a temporary control zone—
(a)where an inspector has reasonable grounds for believing that disease is present or has been present in the preceding 56 days; or
(b)where susceptible animals are kept or have in the 56 days before the declaration of that zone been kept,
is investigated in accordance with this regulation by an inspector as soon as is reasonably practicable.
(3) The inspector carrying out investigations in pursuance of this regulation shall take all steps he considers necessary to determine whether disease is present or has been present on the premises to which his investigations relate in the 56 days before the commencement of the investigation and any related circumstances.
(4) Subject to paragraph (5) in taking such steps he shall ensure that any samples necessary for that determination are taken.
(5) Sampling shall not be considered necessary on premises which the Chief Veterinary Officer considers to be epidemiologically linked with a primary source of disease for which samples have already been taken.
(6) The inspector carrying out investigations in pursuance of this regulation may mark any animal, carcase or other thing liable to spread disease found on the premises.
(7) The occupier of any premises under such investigation shall—
(a)make any records required for an investigation under this regulation available to the inspector investigating on demand; and
(b)give such information as he possesses to that inspector concerning—
(i)the diseased or suspected animal or carcase; and
(ii)any other animal or carcase or land or premises where animals are kept.
(8) If the inspector carrying out investigations in pursuance of this regulation considers it necessary to submit a serological sample for testing to determine whether disease exists or has within 56 days existed on the premises, he shall declare the premises to be suspect premises.
(9) If his opinion is that disease exists or has in the 56 days before the commencement of the investigation existed on any premises the inspector shall communicate to a Divisional Veterinary Officer that fact and his opinions on at least the following—
(a)the earliest date disease was present there;
(b)the origin of disease;
(c)any other premises which may have been contaminated from the same origin;
(d)the extent to which any animal other than bovine animals or swine may have been infected or contaminated;
(e)any premises to or from which disease may have been carried;
(f)any other premises which he suspects to be contaminated;
(g)whether any premises under inquiry comprise two or more separate production units in accordance with paragraph 3A(7) of Part I of Schedule 2 to the Order(1),
and in sub-paragraphs (c), (e) and (f) “premises” includes premises outside Northern Ireland.
(10) The Chief Veterinary Officer shall consider and may confirm every opinion communicated to him under this regulation.
(11) Where the Chief Veterinary Officer concludes after consideration of any opinion communicated to him under this regulation, that one or more of the criteria in Schedule 2 are satisfied in respect of any premises, he shall confirm the presence of the disease on the premises in question.
(12) If the Chief Veterinary Officer confirms disease at any premises the Department shall declare those premises to be infected premises.
(13) A declaration made under paragraph (8) or (12) this regulation shall be by notice served on the occupier.
(14) Any infected premises is an infected premises for the purposes of the Order.
As inserted by S.R. 2006 No. 41