The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

PART I N.I. INTRODUCTION

Citation and commencement N.I.

1.  These Regulations may be cited as The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 and come into operation on 10^th February 2007.

Commencement Information

I1 Reg. 1 in operation at 10.2.2007, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“avian influenza prevention zone” means an avian influenza prevention zone declared under regulation 6(1)(a);

“avian influenza (restrictions on mammals) zone” means an avian influenza (restrictions on mammals) zone declared under regulation 61(1)(b);

“bird carcase” means the carcase of any bird and includes any part of a bird carcase;

[F1 “border control post” means a place, together with the facilities contained at that place, which has been designated by the Department in accordance with Article 59 and listed by the European Commission in accordance with Article 60 for the performance of the official controls set out in Article 47(1) of the Regulation (EU) 2017/625;]

“carcase” means any bird carcase or mammal carcase;

“commercial poultry premises” means commercial premises where poultry are kept;

“commercial premises” means premises where poultry or other captive birds are kept for commercial purposes but does not include premises where birds and their eggs are kept by their owners for their own consumption or use or as pets;

“contact premises”—

(a)

in Part IV, has the meaning given in regulation 26(2);

(b)

in Part VI, has the meaning given in regulation 53(2);

(c)

in Part VII, has the meaning given in regulation 61(2); and

(d)

in Part VIII, has the meanings given in regulations 26(2), 53(2) and 61(2);

“controlled zone” means a protection zone, a surveillance zone, a restricted zone, a temporary movement restriction zone, a temporary control zone, a low pathogenic avian influenza restricted zone, an avian influenza prevention zone, or an avian influenza (restrictions on mammals) zone;

“designated” means designated by the Department in accordance with regulation 71;

“the Department” means the Department of Agriculture and Rural Development;

“the Directive” means Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(1)[F2 , as last amended by Commission Implementing Decision (EU) 2018/662];

“egg processing plant” means an establishment for the manufacture of egg products, as referred to in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2)[F3 , as last amended by Commission Regulation (EU) 1020/2008];

“infected premises” means—

(a)

in Part IV, premises where the Department has confirmed that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists;

(b)

in Part VI, premises where the Department has confirmed that low pathogenic avian influenza or low pathogenic avian influenza virus exists;

(c)

in Parts VIII and IX and in Schedule 3, premises where the Department has confirmed that highly pathogenic avian influenza, highly pathogenic avian influenza virus, low pathogenic avian influenza or low pathogenic avian influenza virus exists;

“inspector” means a person appointed by the Department to be an inspector for the purposes of these Regulations and includes a veterinary inspector;

“keeper” means any person responsible for birds or animals, whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;

“low pathogenic avian influenza restricted zone” means a low pathogenic avian influenza restricted zone declared under regulation 55;

“mammal” means any mammal, except man;

“mammal carcase” means the carcase of any mammal and includes any part of a mammal carcase;

“non-commercial premises” means premises where poultry or other captive birds are kept by their owners for their own consumption or use or as pets;

“the 1981 Order” means the Diseases of Animals (Northern Ireland) Order 1981(3);

“premises” includes any land, building or other place;

“protection zone” means a protection zone declared under regulation 28(1)to (4);

“racing pigeon” means any pigeon transported or intended for transport from its pigeon house so that it may be released and freely fly back there or to another destination;

“regulated place” means a slaughterhouse or border inspection post;

“restricted zone” means a restricted zone declared under regulation 28(5);

“slaughterhouse” means an establishment used for slaughtering poultry, the meat of which is intended for human consumption;

“special category premises” has the meaning given in regulation 22(3);

“surveillance zone” means a surveillance zone declared under regulation 28(1) to (4);

“suspect premises” means premises subject to restrictions under regulations 9 or 10;

“temporary control zone” means a temporary control zone declared under regulation 13(c);

“temporary movement restriction zone” means a temporary movement restriction zone declared under regulation 13(a);

“unregulated period of infection” has the meaning given in regulation 23(3);

“vehicle” includes any means of transport and includes—

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b)

a detachable part of any vehicle;

(c)

a container or other structure designed or adapted to be carried on a vehicle;

(2) Expressions that are not defined in these Regulations and occur in the Directive have the same meaning in these Regulations as they have for the purposes of the Directive.

(3) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Textual Amendments

F1 Words in reg. 2(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 16(2)

F2 Words in reg. 2(1) inserted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 12(a)

F3 Words in reg. 2(1) inserted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 12(b)

Commencement Information

I2 Reg. 2 in operation at 10.2.2007, see reg. 1

Scope of these Regulations N.I.

3.—(1) These Regulations do not apply to—

(a) anything done on any premises in accordance with a licence granted under Article 4 of the Specified Animal Pathogens Order (Northern Ireland) 1999(5).

(b) quarantine centres and quarantine facilities approved under regulation 17 of The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006(6).

(2) A reference in these Regulations to paragraph 11 of Part I of Schedule 2 to the 1981 Order are to that paragraph as it applies to avian influenza.

Commencement Information

I3 Reg. 3 in operation at 10.2.2007, see reg. 1

Declarations, licences, notices and designations N.I.

4.—(1) A declaration of a controlled zone—

(a) must be in writing;

(b) must specify the date on which it shall come into operation;

(c) may be amended by a further declaration at any time;

(d) must designate the extent of the controlled zone being declared;

(e) must list or refer to the measures which apply in such a zone and if they apply in only part of the zone, state in which part they apply; and

(f) may be withdrawn by a further declaration.

(2) A licence granted under these Regulations—

(a) must be in writing;

(b) may be either a general licence or a specific licence;

(c) may, in addition to any conditions required by these Regulations, be made subject to such conditions as the Department considers necessary to control avian influenza; and

(d) may be amended, suspended or revoked, in writing, at any time.

(3) A general licence shall apply to all persons or movements, or any class of persons or movements specified therein.

(4) A person moving any thing under the authority of a general licence must—

(a) keep with him, at all times during the movement so authorised, a consignment note that contains details of—

(i) what is moved including its quantity,

(ii) the date of the movement,

(iii) the name of the consignor,

(iv) the address of the premises from which the movement started,

(v) the name of the consignee, and

(vi) the address of the premises of destination;

(b) on demand by an inspector produce the consignment note and allow a copy or extract to be taken; and

(c) on such demand, provide his name and address.

(5) A specific licence shall apply to the applicant therefor.

(6) A person moving any thing under the authority of a specific licence must—

(a) keep the licence or a copy of it with him at all times during the movement so authorised;

(b) on demand made by an inspector, produce the licence or copy and allow a copy or extract to be taken; and

(c) on such demand, provide his name and address.

(7) A notice served under these Regulations—

(a) must be in writing

(b) may be subject to conditions and may be amended, suspended or revoked, by a further notice, at any time;

(c) must specify whether it applies to all or to part of the premises to which it relates; and

(d) must, if it applies to part of a premises, specify to which part it applies.

(8) A designation of premises—

(a) must be in writing;

(b) must, if it applies to only part of the premises, specify to which part it applies;

(c) may be made subject to such conditions as the Department considers necessary to control avian influenza; and

(d) may be amended, suspended or revoked in writing at any time.

(9) The Department must ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised in such manner as the Department considers necessary.

(10) Unless the Department states otherwise in a declaration of a controlled zone or by notice served on the occupier of any premises or on the owner or occupier of any vehicle, any movement which has already started when such a declaration comes into operation may be completed.

Commencement Information

I4 Reg. 4 in operation at 10.2.2007, see reg. 1

Controlled zones N.I.

5.—(1) Subject to paragraphs (2) and (4), premises which are only partly in a controlled zone are deemed to be wholly within the controlled zone.

(2) Premises in any controlled zone other than an avian influenza (restrictions on mammals) zone which are partly in one of the following zones and partly in another are deemed to be wholly in the zone furthest up the list—

(a) protection zone;

(b) surveillance zone;

(c) restricted zone;

(d) temporary control zone;

(e) temporary movement restriction zone;

(f) low pathogenic avian influenza restricted zone; or

(g) avian influenza prevention zone.

(3) Nothing in paragraph (1) shall deem any part of a premises outside Northern Ireland to be within a controlled zone.

(4) Premises which are in any of the controlled zones set out in paragraph (2) and also in an avian influenza (restriction on mammals) zone are subject to the restrictions and requirements applicable in both zones.

(5) A controlled zone, other than an avian influenza prevention zone, is an infected area for the purposes of the 1981 Order.

Commencement Information

I5 Reg. 5 in operation at 10.2.2007, see reg. 1

PART II N.I. PREVENTIVE MEASURES

Measures to reduce the risk of the transmission of avian influenza N.I.

6.—(1) If, after carrying out a risk assessment, the Department considers that action is necessary to reduce the risk of the transmission of avian influenza to poultry or other captive birds from wild birds or from any other source, it must—

(a) declare an avian influenza prevention zone in all or any part of Northern Ireland; or

(b) serve a notice on the occupier of a premises where poultry, other captive birds or any categories of poultry or captive birds specified in the notice are kept.

(2) A declaration or notice under paragraph (1) must impose such measures as the Department considers necessary to reduce the risk of transmission of avian influenza.

(3) When deciding the measures to impose under paragraph (2), the Department must consider whether measures are necessary—

(a) to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;

(b) to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus; and

(c) to reduce the risk of the spread of avian influenza between premises.

(4) The power of the Department to impose measures by declaration or notice under this regulation includes the power—

(a) to require poultry and other captive birds to be housed or otherwise kept separate from wild birds;

(b) to require poultry or other captive birds or categories of such birds specified in the declaration or notice to be housed or otherwise kept separate from other poultry and captive birds;

(c) to require that poultry and other captive birds are provided with feed and water to which wild birds have no access;

(d) to require keepers of poultry and other captive birds and others who come into contact with such birds to cleanse and disinfect their footwear and take such other biosecurity measures as an inspector may require;

(e) to prohibit or regulate the collection together of poultry or other captive birds at any fair, market, show, exhibition, race or other gathering under the authority of and in accordance with the conditions of a licence granted by the Department;

(f) to ban or limit the use of birds of the orders Anseriformes (including ducks, geese and swans) and Charadriiformes (including gulls, murres, terns, avocets, puffins, woodcock, oystercatchers, sandpipers, plovers, surfbirds, snipes and skimmers) as decoys during bird-hunting.

Commencement Information

I6 Reg. 6 in operation at 10.2.2007, see reg. 1

Surveillance for avian influenza N.I.

7.—(1) The Department shall carry out surveillance at such premises and of such birds as it considers necessary—

(a) to detect the prevalence in different species of poultry of infection with avian influenza virus subtypes H5 and H7; and

(b) to assess the risk of the spread of influenza of avian origin by wild birds.

(2) The Department shall give notice to the occupier of premises selected by it for the purposes of such a survey.

Commencement Information

I7 Reg. 7 in operation at 10.2.2007, see reg. 1

PART III N.I. MEASURES ON SUSPICION OF AVIAN INFLUENZA

Disapplication of measures to a regulated place N.I.

8.  Regulations 9(1)(b) and 10 to 17 do not apply to a regulated place.

Commencement Information

I8 Reg. 8 in operation at 10.2.2007, see reg. 1

Notification procedures and precautions to be taken where avian influenza is suspected N.I.

9.—(1) A person who has in his possession or under his charge any bird or bird carcase which has, or which he suspects may have, avian influenza must—

(a) immediately notify the Divisional Veterinary Officer; and

(b) take all reasonable steps to ensure that the measures in Schedule 1 are complied with.

(2) A person who examines or inspects any bird or bird carcase or who analyses any sample taken from any bird or bird carcase must immediately inform the Divisional Veterinary Officer if—

(a) he suspects the presence of avian influenza in the bird or bird carcase; or

(b) he detects evidence of antibodies to avian influenza virus in the bird or bird carcase.

(3) A person who examines or inspects any mammal or mammal carcase, or who analyses any sample taken from any mammal or mammal carcase, must immediately inform the Divisional Veterinary Officer if—

(a) he suspects the presence of influenza of avian origin in the mammal or mammal carcase; or

(b) he detects evidence of antibodies to influenza virus of avian origin in the mammal or mammal carcase.

(4) In this regulation “Divisional Veterinary Officer” means a Divisional Veterinary Officer of the Department.

Commencement Information

I9 Reg. 9 in operation at 10.2.2007, see reg. 1

Notice of restrictions where avian influenza is suspected on premises N.I.

10.—(1) Subject to regulation 11 and whether or not notification has been made under regulation 9, the Department must serve a notice of restrictions on the occupier of any premises where it suspects that avian influenza, influenza of avian origin or a virus causing such a disease exists or may have existed within the preceding 56 days.

(2) Subject to regulation 11, the notice of restrictions must require the occupier of the premises to comply with the measures in Schedule 1.

Commencement Information

I10 Reg. 10 in operation at 10.2.2007, see reg. 1

Derogations from restrictions applicable at suspect premises N.I.

11.—(1) The Department may, in a notice served under regulation 10 on the occupier of a laboratory where low pathogenic avian influenza virus is kept, impose such of the measures in Schedule 1 and such measures relating to the operation of the laboratory as it considers necessary.

(2) The Department may, by licence or in a notice served under regulation 10 grant derogations from paragraphs 2, 3, 4 and 6 of Schedule 1 to the occupier of any premises other than those referred to in paragraph (1).

(3) The Department shall not grant such a derogation unless it has considered—

(a) the risk of the possible spread of avian influenza were the derogation to be granted;

(b) any precautionary measures which have been or could be taken; and

(c) the destination of any birds or things which would be moved were the derogation to be granted.

(4) The Department may, by licence or in a notice served under regulation 10, also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1 if—

(a) the premises which are the subject of the derogation are non-commercial premises;

(b) the premises contain other captive birds but no poultry;

(c) it has considered the risk of the possible spread of avian influenza were the derogation to be granted and any precautionary measures which have been or could be taken.

Commencement Information

I11 Reg. 11 in operation at 10.2.2007, see reg. 1

Veterinary inquiries and sampling N.I.

12.—(1) The Department must ensure that a veterinary inquiry is started at suspect premises as soon as reasonably practicable if it suspects that poultry or other captive birds on or moved from those premises may be infected with avian influenza.

(2) The Department must when taking samples from poultry or other captive birds—

(a) on premises other than those which are the subject of a veterinary inquiry under paragraph (1); or

(b) for purposes other than such an inquiry,

direct by notice served on the occupier of the premises in question that all or any of the requirements and restrictions set out in Schedule 1 apply to the premises.

Commencement Information

I12 Reg. 12 in operation at 10.2.2007, see reg. 1

Measures to minimise the risk of the spread of avian influenza from suspect premises N.I.

13.  If the Department considers such a measure necessary to minimise the risk of the spread of avian influenza or of avian influenza virus from suspect premises in Northern Ireland, Great Britain or the Republic of Ireland, it must take one or more of the following measures—

(a) declare a temporary movement restriction zone in such part of Northern Ireland as it considers necessary;

(b) serve a notice on the owner or occupier of suspect premises in Northern Ireland requiring him to comply with such of the measures in Schedule 2 as are specified in the notice;

(c) declare a temporary control zone in such part of Northern Ireland and of such size as it considers necessary around suspect premises.

Commencement Information

I13 Reg. 13 in operation at 10.2.2007, see reg. 1

Measures to be taken into account in respect of vehicles N.I.

14.  In exercising powers under regulations 10 to 13 the Department must take into account any measures taken in respect of vehicles under regulations 38, 42, 43 and 45.

Commencement Information

I14 Reg. 14 in operation at 10.2.2007, see reg. 1

Measures in a temporary movement restriction zone N.I.

15.—(1) In a declaration of a temporary movement restriction zone and in relation to all or such part of the zone as it thinks fit, the Department must ban or restrict the movement of such of the following as it considers necessary—

(a) poultry;

(b) other captive birds;

(c) eggs;

(d) vehicles used to transport poultry, other captive birds, eggs or any thing else likely to transmit avian influenza;

(e) mammals.

(2) If the Department bans or restricts the movement of mammals within a temporary movement restriction zone, it must lift the ban or restriction within 72 hours of it being imposed unless (notwithstanding any continuing restrictions on the movement of other things listed in paragraph (1)) it is satisfied that its continuation is necessary to minimise the risk of the spread of avian influenza.

(3) If the ban or restriction on the movement of mammals continues for more than 72 hours from when it was originally declared, the Department must review each decision to continue it within 72 hours.

Commencement Information

I15 Reg. 15 in operation at 10.2.2007, see reg. 1

Additional restrictions at suspect premises N.I.

16.  In a notice served under regulation 13(b), the Department must state if the measures specified in the notice apply—

(a) to all poultry and other captive birds on the premises;

(b) only to certain categories of poultry or other captive birds;

(c) only to poultry or other captive birds which it suspects are infected;

(d) to all or only a specified part of the premises.

Commencement Information

I16 Reg. 16 in operation at 10.2.2007, see reg. 1

Declaration of a temporary control zone N.I.

17.  In a declaration of a temporary control zone, the Department must impose in relation to premises in all or such part of the zone as it thinks fit, such measures as it considers necessary to reduce the risk of the spread of avian influenza.

Commencement Information

I17 Reg. 17 in operation at 10.2.2007, see reg. 1

PART IV N.I. MEASURES ON CONFIRMATION OF HIGHLY PATHOGENIC AVIAN INFLUENZA AT PREMISES OTHER THAN A REGULATED PLACE

Disapplication of measures to a regulated place N.I.

18.  This Part does not apply to a regulated place.

Commencement Information

I18 Reg. 18 in operation at 10.2.2007, see reg. 1

Restrictions on confirmation of highly pathogenic avian influenza N.I.

19.—(1) Paragraph (2) applies if the Department confirms that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists on any premises.

(2) The Department must impose by notice served on the occupier of the infected premises the measures in Schedule 2 in addition to the measures in Schedule 1.

(3) Until such time as a notice under paragraph (2) is served, a person who has in his possession or under his charge any poultry or other captive bird confirmed under paragraph (1) to have highly pathogenic avian influenza or highly pathogenic avian influenza virus shall take all steps to ensure that the restrictions and requirements contained in Schedule 2 are complied with.

Commencement Information

I19 Reg. 19 in operation at 10.2.2007, see reg. 1

Killing of birds on premises N.I.

20.  Subject to regulation 21, the Department must ensure that poultry and other captive birds to be killed on infected premises under paragraph 11 of Part I of Schedule 2 to the 1981 Order are killed there without delay.

Commencement Information

I20 Reg. 20 in operation at 10.2.2007, see reg. 1

Movement of birds off premises for killing N.I.

21.  If the Department considers that killing birds other than on infected premises would limit the risk of the spread of avian influenza more effectively, it may—

(a) direct, by notice served on the occupier of the infected premises that killing of the birds specified in the notice be carried out at a place specified in the notice; and

(b) licence the movement of those birds to that place.

Commencement Information

I21 Reg. 21 in operation at 10.2.2007, see reg. 1

Measures on special category premises N.I.

22.—(1) The Department must not licence the movement of any bird which is not killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order from infected premises which are special category premises unless it is satisfied, following tests on the bird, that it is not infectious.

(2) The Department must not licence a movement to [F4 a] member State unless the movement is authorised by the competent authority of that member State.

(3) The following are special category premises—

(a) non-commercial premises;

(b) circuses;

(c) zoos;

(d) pet shops;

(e) wildlife parks;

(f) fenced areas where poultry or other captive birds are kept for scientific purposes or for purposes related to the conservation of endangered species;

(g) premises or parts of premises where only breeds of poultry or other captive birds which the Department considers to be rare are kept.

Textual Amendments

F4 Word in reg. 22(2) substituted (31.12.2020) by The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/111), regs. 1(1), 6(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I22 Reg. 22 in operation at 10.2.2007, see reg. 1

Tracing of meat and eggs from infected premises N.I.

23.—(1) Subject to paragraph (2) the Department, or any person authorised by it must endeavour to trace the following from infected premises—

(a) the meat of all poultry slaughtered during the unregulated period of infection;

(b) poultry eggs laid at the premises during that period; and

(c) poultry hatched from such eggs.

(2) The Department need not trace or require the tracing of meat or poultry eggs once they have moved from wholesale or retail premises.

(3) The “unregulated period of infection” in relation to any premises means the period from the date when, in the opinion of the Department, avian influenza may first have been introduced to the premises to the date when measures were imposed in relation to the premises under regulation 10.

(4) In paragraph (1) “authorised” means authorised by notice in writing.

Commencement Information

I23 Reg. 23 in operation at 10.2.2007, see reg. 1

Measures when meat and eggs have been traced N.I.

24.—(1) The Department, or any person authorised by it, must—

(a) dispose of meat traced from infected premises under regulation 23; or

(b) require its disposal, by notice served on the person in possession of the meat.

(2) The Department, or any person authorised by it, must—

(a) dispose of eggs traced from infected premises under regulation 23;

(b) require their disposal, by notice served on the person in possession of the eggs; or

(c) licence the movement of the eggs directly to an egg processing plant.

(3) The Department must require, by notice served on the occupier of any premises to which poultry already hatched from eggs traced under regulation 23 have been moved, that the poultry are not moved off those premises for at least 21 days from the date they arrived there.

(4) A person moving eggs under a licence granted under paragraph (2)(c) must ensure that—

(a) each consignment of eggs is sealed by an inspector, or in accordance with the instructions of an inspector, before dispatch;

(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.

(5) A person shall not tamper with a seal attached under paragraph (4)(a) or remove it before the consignment arrives at its destination.

Commencement Information

I24 Reg. 24 in operation at 10.2.2007, see reg. 1

Veterinary inquiry at infected premises N.I.

25.  The Department must ensure that veterinary inquiries continue at all infected premises for such period as it considers necessary.

Commencement Information

I25 Reg. 25 in operation at 10.2.2007, see reg. 1

Identification of contact premises N.I.

26.—(1) The Department must serve a notice on the occupier of any premises if it suspects that highly pathogenic avian influenza may have been carried—

(a) there from other premises; or

(b) to other premises from there.

(2) Premises in respect of which a notice is served are contact premises for the purposes of this Part.

Commencement Information

I26 Reg. 26 in operation at 10.2.2007, see reg. 1

Restrictions at contact premises N.I.

27.—(1) Subject to paragraph (2), the measures in Schedule 1 apply to contact premises until the Department notifies the occupier that those measures are revoked or that the premises are infected premises.

(2) The Department may, by licence or in a notice served on the occupier of contact premises, grant the same derogations in respect of contact premises as it can in respect of suspect premises under regulation 11.

(3) The Department may, by notice served on the occupier of contact premises, also require the occupier to comply with one or more of the measures in Schedule 2.

(4) When considering whether to require an occupier to comply with any of the measures in Schedule 2, the Department must take the following criteria into account—

(a) the existence of any clinical signs of avian influenza in any birds on the contact premises;

(b) the susceptibility to avian influenza of the species of poultry on the contact premises;

(c) any movements of poultry or other captive birds from infected premises to the contact premises after the earliest date an inspector considers avian influenza may have been introduced to the infected premises;

(d) the density of poultry in the area where the contact premises are located;

(e) the time passed since avian influenza was first confirmed and how far avian influenza has spread from infected premises;

(f) the proximity of the contact premises to infected premises;

(g) epidemiological links between the contact premises and infected premises;

(h) the extent to which measures to control avian influenza are working.

(5) When considering the proximity of the contact premises to infected premises under paragraph (4)(f), the Department must give particular consideration to whether it should impose measures on premises which are—

(a) within 500 metres of infected premises; or

(b) 500 metres or more from infected premises but are in an area with a high density of poultry.

(6) When considering epidemiological links between the contact premises and infected premises in accordance with paragraph (4)(g), the Department must give particular consideration to whether it should impose measures on premises with links to more than one infected premises.

(7) If the Department requires poultry or other captive birds on a contact premises to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Commencement Information

I27 Reg. 27 in operation at 10.2.2007, see reg. 1

Declaration of a protection, surveillance and restricted zone N.I.

28.—(1) On confirmation of highly pathogenic avian influenza on premises in Northern Ireland, the Department must declare a protection zone and a surveillance zone.

(2) On confirmation of highly pathogenic avian influenza in an area of the Republic of Ireland which is less than 3 kilometres from Northern Ireland, the Department must declare a protection zone and a surveillance zone in Northern Ireland of such area as is necessary to complete the protection zone and surveillance zone centered on the outbreak point in the Republic of Ireland.

(3) On confirmation of highly pathogenic avian influenza in an area of the Republic of Ireland which is 3 kilometres or more and up to 10 kilometres from Northern Ireland the Department must—

(a) declare a surveillance zone in Northern Ireland of such area as is necessary to complete the surveillance zone centered on the outbreak point in the Republic of Ireland; and

(b) declare a protection zone in Northern Ireland if it considers it necessary to prevent the spread of avian influenza.

(4) The Department may declare protection and surveillance zones in Northern Ireland on confirmation of highly pathogenic avian influenza in an area of the Republic of Ireland which is 10 or more kilometres from Northern Ireland.

(5) The Department must, if it considers it necessary to reduce the risk of the spread of avian influenza, declare one or more restricted zones in addition to protection and surveillance zones.

(6) Paragraphs (1), (2) and (3) do not affect the power of the Department to disapply certain measures under regulations 30(3), 31(3)or to apply alternative measures under regulation 33.

Commencement Information

I28 Reg. 28 in operation at 10.2.2007, see reg. 1

Size of zone N.I.

29.—(1) A protection zone declared under paragraph (1) of regulation 28 must (subject to paragraph (8))—

(a) be centred on the outbreak point; and

(b) have a radius of at least 3 kilometres.

(2) A surveillance zone declared under paragraph (1) of regulation 28 must (subject to paragraph (8))—

(a) be centred on the outbreak point; and

(b) have a radius of at least 10 kilometres.

(3) A restricted zone must—

(a) either—

(i) be centred on the outbreak point; or

(ii) be adjacent to the surveillance zone or to another restricted zone; and

(b) be of such size as the Department considers necessary.

(4) The Department must take account of the criteria set out in paragraph (5) when deciding—

(a) what size zones to declare under paragraphs (1), (2) or (3) of regulation 28; and

(b) whether to declare a restricted zone under paragraph (5) of regulation 28.

(5) The criteria referred to in paragraph (4) are—

(a) the results of veterinary inquiries;

(b) the geographical features of the area around the infected premises;

(c) the location and proximity of other premises containing poultry and other captive birds in the area;

(d) patterns of movement of and trade in poultry and other captive birds in the area;

(e) the facilities and personnel available to control movements within the zone (including any movement of poultry or other captive birds off premises for slaughter and disposal).

(6) A protection zone and surveillance zone declared under paragraph (4) of regulation 28 must be centred on the outbreak point and must be of such size as the Department considers necessary to reduce the risk of the spread of avian influenza.

(7) The “outbreak point” means, in relation to any premises where avian influenza has been confirmed, the part of the premises from which the Department considers controlled zones should be measured, given the nature of that case of avian influenza.

(8) Nothing in this regulation or regulation 55 which requires the Department to declare a zone of a minimum area has the effect of requiring the Department to include land in the Republic of Ireland in such a zone.

Commencement Information

I29 Reg. 29 in operation at 10.2.2007, see reg. 1

Measures in a protection zone N.I.

30.—(1) The measures in Schedule 4 apply in respect of a protection zone, subject to paragraph (2) and (3) and regulations 33 and 35.

(2) Paragraph (3) applies if the Department has carried out a risk assessment and does not believe that the disapplication of any measure under that paragraph would endanger disease control.

(3) In a declaration of a protection zone the Department may—

(a) disapply one or more of the measures in Schedule 4 to movements of racing pigeons into, from and within the zone;

(b) disapply one or more of the measures in paragraph 14 of Schedule 4 and in regulation 63(2) if—

(i) the premises where avian influenza has been confirmed are special category premises; and

(ii) avian influenza has been confirmed in poultry on those premises.

(4) The Department must ensure that—

(a) premises containing poultry and other captive birds within a protection zone are identified as soon as possible; and

(b) an inspector examines poultry and other captive birds at all such premises, carrying out examinations at commercial premises as soon as possible.

(5) The Department may, notwithstanding paragraph (4)(b), authorise a reduced level of surveillance to that provided for in that paragraph if—

(a) the premises on which avian influenza is confirmed are special category premises; and

(b) it is satisfied that reduced surveillance would not endanger disease control.

(6) The Department must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza are carried out at premises to which things are moved within and out of a protection zone.

Commencement Information

I30 Reg. 30 in operation at 10.2.2007, see reg. 1

Measures in a surveillance zone N.I.

31.—(1) The measures in Schedule 5 apply in respect of a surveillance zone, subject to paragraph (3) and regulations 33 and 35.

(2) Paragraph (3) applies if the Department has carried out a risk assessment and does not believe that its disapplication of any measure under that paragraph would endanger disease control.

(3) In its declaration of a surveillance zone, the Department may—

(a) disapply one or more of those measures to movements of racing pigeons into, from and within the zone;

(b) disapply one or more of the measures in paragraphs 6, 11 or 15 of Schedule 5 if—

(i) the premises where avian influenza has been confirmed are special category premises; and

(ii) avian influenza has been confirmed in poultry on those premises.

(4) The Department must ensure that all commercial poultry premises within a surveillance zone are identified as soon as possible.

Commencement Information

I31 Reg. 31 in operation at 10.2.2007, see reg. 1

Restrictions on trade in things from areas where measures have been disapplied N.I.

32.  Unless licenced by the Department, a person shall not supply any of the following for [F5 export outside the United Kingdom] if it has come from premises in respect of which any of the measures in Schedules 4 or 5 have been disapplied under regulations 30 or 31—

(a) poultry;

(b) other captive birds;

(c) hatching eggs;

(d) used litter;

(e) manure;

(f) slurry.

Textual Amendments

F5 Words in reg. 32 substituted (31.12.2020) by The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/111), regs. 1(1), 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I32 Reg. 32 in operation at 10.2.2007, see reg. 1

Alternative measures where avian influenza is confirmed at a hatchery or in other captive birds on special category premises N.I.

33.—(1) If, following confirmation of highly pathogenic avian influenza at a hatchery or in other captive birds on special category premises, the Department is satisfied that applying less stringent measures than those in regulations 28 to 31 would not endanger disease control, it may decide—

(a) not to make a declaration of a controlled zone around the premises;

(b) to declare fewer zones than required under regulation 28;

(c) to declare a controlled zone smaller in size than provided for in regulation 29;

(d) to specify in its 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 Department must carry out a risk assessment before reaching a decision under paragraph (1).

Commencement Information

I33 Reg. 33 in operation at 10.2.2007, see reg. 1

Measures in a restricted zone N.I.

34.—(1) The Department must, in a declaration of a restricted zone under regulation 28(5), apply, in each zone so declared, such measures as it considers necessary to reduce the risk of the spread of avian influenza.

(2) These measures may include some or all of the measures in Schedules 4 and 5 and regulation 35.

Commencement Information

I34 Reg. 34 in operation at 10.2.2007, see reg. 1

Additional measures in a protection and surveillance zone N.I.

35.—(1) If the Department considers that action is necessary to reduce the risk of the spread of avian influenza, it must impose by declaration measures additional to those in Schedules 4 and 5 in respect of a protection or surveillance zone.

(2) The power of the Department to declare additional measures includes the power to prohibit or restrict—

(a) the movement of vehicles or people involved in—

(i) the supply of animal feed,

(ii) the supply of agricultural equipment,

(iii) the collection of eggs,

(iv) the transportation of poultry to a designated slaughterhouse,

(v) the collection of carcases for disposal;

(b) the movement of those working on premises including veterinary surgeons;

(c) the movement of a person onto any premises including common, unenclosed and waste land and agricultural buildings, notwithstanding the existence of any public or private right of way or any other right of access to, or permission to gain access to, the premises.

(3) The power to prohibit or restrict movement under paragraph (2)(c) applies only in relation to a protection zone and does not include a power to prohibit or restrict movement onto premises by—

(a) the owner or occupier of the premises;

(b) a person whose principal residence or place of employment is those premises;

(c) a person entering under the authority of and in accordance with the conditions of a licence granted by the Department.

(4) In this regulation “veterinary surgeon” means a person who is registered in the register of veterinary surgeons maintained by the Royal College of Veterinary Surgeons or in the supplementary register maintained by the College.

Commencement Information

I35 Reg. 35 in operation at 10.2.2007, see reg. 1

Ending of a protection or surveillance zone N.I.

36.—(1) The Department may, by declaration, end a protection zone but must not, in the case of a protection zone declared under paragraph (1), (2) or (3) of regulation 28, do so until—

(a) at least 21 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part II of Schedule 3; and

(b) a veterinary enquiry has been completed on all premises within the zone identified as containing poultry or other captive birds.

(2) On the ending of a protection zone, the area which formed that protection zone shall become part of the surveillance zone centred on the same outbreak point as the protection zone.

(3) The Department may, by declaration, end a surveillance zone but, in the case of a zone declared under paragraph (1), (2) or (3) of regulation 28, must not do so until at least 30 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part II of Schedule 3.

Commencement Information

I36 Reg. 36 in operation at 10.2.2007, see reg. 1

PART V N.I. MEASURES ON SUSPICION OR CONFIRMATION OF HIGHLY PATHOGENIC AVIAN INFLUENZA IN A REGULATED PLACE AND VEHICLE

Veterinary measures at a slaughterhouse N.I.

37.  If the Department suspects that highly pathogenic avian influenza exists at a slaughterhouse or has confirmed that it exists there it must —

(a) serve a notice on the occupier of the slaughterhouse informing him of this and applying the measures set out in paragraphs 3, 4 and 5 of Schedule 1; and

(b) ensure that a veterinary inquiry is carried out at the slaughterhouse.

Commencement Information

I37 Reg. 37 in operation at 10.2.2007, see reg. 1

Veterinary inquiry where avian influenza is suspected or confirmed in a vehicle N.I.

38.  An inspector must ensure that a veterinary inquiry is carried out in relation to any vehicle on which he knows or suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists.

Commencement Information

I38 Reg. 38 in operation at 10.2.2007, see reg. 1

Slaughter of poultry in a slaughterhouse where disease is suspected or confirmed N.I.

39.  The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed must ensure that all poultry present on the premises at the date a notice is served on him under regulation 37(a) are slaughtered there without delay and in accordance with the instructions of an inspector.

Commencement Information

I39 Reg. 39 in operation at 10.2.2007, see reg. 1

Poultry meat and by-products in a slaughterhouse where disease is suspected or confirmed N.I.

40.—(1) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed must, in accordance with the instructions of an inspector—

(a) keep poultry referred to in regulation 39 separate from any other poultry subsequently arriving at the slaughterhouse; and

(b) keep the following separate from other bird carcases, poultry meat and by-products—

(i) bird carcases and poultry meat from poultry referred to in regulation 39;

(ii) the by-products of such poultry;

(iii) poultry meat from any other poultry which may have been contaminated with avian influenza at the slaughterhouse during the killing of such poultry or the production process;

(iv) the by-products of the poultry referred to in paragraph (1)(b)(iii).

(2) Paragraph (1) applies to poultry moved to a slaughterhouse—

(a) from a [F6 border control post] in accordance with regulation 41(2), as if references to regulation 39 were to that regulation; and

(b) on a vehicle in accordance with regulation 42, as if references to regulation 39 were to that regulation.

(3) The occupier of a slaughterhouse where highly pathogenic avian influenza is confirmed must dispose of the things set out in paragraph (1)(b) in accordance with the instructions of an inspector, or assist him in removing those things from the premises.

Textual Amendments

F6 Words in reg. 40(2)(a) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 16(3)

Commencement Information

I40 Reg. 40 in operation at 10.2.2007, see reg. 1

Measures at border inspection posts N.I.

41.—(1) The Department must, if it considers it necessary to reduce the risk of the spread of avian influenza—

(a) require a veterinary inquiry to be carried out at a [F7 border control post] where avian influenza is suspected or has been confirmed; and

(b) impose (by notice served on the occupier of the [F7 border control post]) such of the measures in Schedule 1 as it considers appropriate.

(2) The Department must, by notice served on the occupier of the [F7 border control post], direct where birds specified in the notice are to be killed, slaughtered or isolated.

(3) The Department must ensure that poultry and other captive birds at [F7 border control post] which are to be killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order are killed or slaughtered without delay.

(4) The Department must ensure that poultry and other captive birds which are not to be so killed or slaughtered are kept isolated in accordance with the instructions of an inspector.

Textual Amendments

F7 Words in reg. 41 substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 16(3)

Commencement Information

I41 Reg. 41 in operation at 10.2.2007, see reg. 1

Control of vehicles N.I.

42.—(1) An inspector who knows or suspects that any poultry, other captive bird or any thing on a vehicle is infected or contaminated with highly 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.

(2) 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

I42 Reg. 42 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of a regulated place and vehicle N.I.

43.—(1) The occupier of any regulated place where highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect those premises and any equipment and vehicles on those premises which may be contaminated in accordance with the instructions of an inspector.

(2) The owner or driver of a vehicle on which highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect the vehicle.

Commencement Information

I43 Reg. 43 in operation at 10.2.2007, see reg. 1

Reintroduction of poultry and other captive birds N.I.

44.—(1) A person shall not reintroduce poultry to a slaughterhouse where highly pathogenic avian influenza was suspected or confirmed for at least 24 hours after an inspector has confirmed that the cleansing and disinfection referred to in regulation 43 has been carried out.

(2) A person shall not reintroduce poultry or other captive birds to a border inspection post where highly pathogenic avian influenza was suspected or has been confirmed for at least 24 hours after an inspector has confirmed that the cleansing and disinfection referred to in regulation 43 has been carried out.

(3) If the Department considers it necessary to reduce the risk of the spread of avian influenza, it may, by notice served on the occupier of a [F8 border control post] , prohibit the introduction of animals other than birds onto the premises until the cleansing and disinfection referred to in regulation 43 has been carried out.

Textual Amendments

F8 Words in reg. 44(3) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 16(3)

Commencement Information

I44 Reg. 44 in operation at 10.2.2007, see reg. 1

Measures at other premises and for vehicles N.I.

45.—(1) If the Department suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists at a slaughterhouse or in a vehicle or if it has confirmed that it exists there, it must—

(a) apply the measures in Schedule 1 to the premises of origin;

(b) apply the measures in Schedule 1 to premises which it considers to be suspect premises (because of their epidemiological link with the premises of origin); and

(c) apply the measures in Schedule 2 to the premises of origin, unless it is satisfied (having considered the results of veterinary inquiries) that this is not necessary.

(2) If the Department suspects that highly pathogenic avian influenza exists at any [F9 border control post] or has confirmed that it exists there, it must apply the measures in Schedule 1 to premises which it considers to be suspect premises because of their epidemiological link with the [F9 border control post].

(3) The Department must apply measures under this regulation by notice served on the occupier of the relevant premises.

(4) In this regulation, “premises of origin” means any premises from which poultry or other captive birds which may be infected with avian influenza were moved to the slaughterhouse or any vehicle on which such poultry or other captive birds were transported.

Textual Amendments

F9 Words in reg. 45(2) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 16(3)

Commencement Information

I45 Reg. 45 in operation at 10.2.2007, see reg. 1

PART VI N.I. MEASURES ON CONFIRMATION OF LOW PATHOGENIC AVIAN INFLUENZA

Measures when low pathogenic avian influenza is confirmed N.I.

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

I46 Reg. 46 in operation at 10.2.2007, see reg. 1

Killing of poultry and other captive birds N.I.

47.—(1) The Department must ensure that poultry and other captive birds on infected premises which are to be killed on the premises under paragraph 11 of Part I of Schedule 2 to the 1981 Order are killed as soon as possible.

(2) The occupier of a designated slaughterhouse must ensure that poultry from infected premises are slaughtered as soon as possible.

(3) The Department must not authorise the movement of birds to a designated slaughterhouse unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

(4) The Department must ensure that birds are killed or slaughtered in such a way as to minimise the risk of the spread of avian influenza.

Commencement Information

I47 Reg. 47 in operation at 10.2.2007, see reg. 1

Movement of eggs from premises where low pathogenic avian influenza is confirmed N.I.

48.—(1) If the Department directs that poultry on infected premises are to be slaughtered at a designated slaughterhouse, it must not grant a licence for the movement of eggs off the premises prior to the poultry being sent for slaughter unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

(2) The Department may only grant a licence for the movement of such eggs—

(a) to a designated egg packing centre, in disposable packaging;

(b) to an egg processing plant; or

(c) for disposal.

Commencement Information

I48 Reg. 48 in operation at 10.2.2007, see reg. 1

Veterinary surveillance of poultry N.I.

49.  The Department must carry out such veterinary surveillance as it considers necessary at premises where poultry are kept before being sent to a designated slaughterhouse under regulation 47.

Commencement Information

I49 Reg. 49 in operation at 10.2.2007, see reg. 1

Measures on special category premises N.I.

50.—(1) The occupier of infected premises which are special category premises where poultry and other captive birds are not killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order must ensure that—

(a) poultry and other captive birds are—

(i) housed, or

(ii) isolated (if so directed by an inspector on the basis that housing is impractical or would adversely affect the welfare of the birds to a significant degree);

(b) poultry or other captive birds are not moved from the premises except—

(i) to a designated slaughterhouse or other premises under and in accordance with the conditions of a licence granted by the Department, or

(ii) to a designated slaughterhouse in [F10 a] member State, or other premises in [F10 a] member State, if the movement is under and in accordance with the conditions of a licence granted by the Department and is authorised by the competent authority of that member State.

(2) The occupier of the premises must take all reasonable steps to minimise contact between birds isolated under paragraph (1)(a)(ii) and wild birds.

(3) The Department shall not grant a licence under paragraph (1)(b) unless it is satisfied, following tests on the birds, that there is not a significant risk that the proposed movement would spread highly pathogenic avian influenza.

Textual Amendments

F10 Word in reg. 50(1)(b)(ii) substituted (31.12.2020) by The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/111), regs. 1(1), 6(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I50 Reg. 50 in operation at 10.2.2007, see reg. 1

Veterinary surveillance of birds N.I.

51.  The Department must ensure that birds, on infected premises which are special category premises, not killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order are monitored for avian influenza.

Commencement Information

I51 Reg. 51 in operation at 10.2.2007, see reg. 1

Tracing of poultry and eggs N.I.

52.—(1) The Department, or any person authorised by it, must endeavour to trace from infected premises hatching eggs from poultry laid during the unregulated period of infection and shall ensure that such eggs are hatched under Departmental supervision.

(2) The Department, or any person authorised by it, must endeavour to trace from infected premises poultry hatched from eggs laid during the unregulated period of infection and restrict the poultry under the instructions of an inspector.

(3) The Department must ensure that such veterinary enquiries as it considers necessary to monitor for avian influenza are carried out at any premises to which eggs and poultry are so traced.

Commencement Information

I52 Reg. 52 in operation at 10.2.2007, see reg. 1

Identification of contact premises N.I.

53.—(1) The Department must serve a notice on the occupier of any premises other than a regulated place if it suspects that low pathogenic avian influenza may have been carried—

(a) there from other premises; or

(b) to other premises from there.

(2) Premises in respect of which a notice is served are contact premises for the purposes of this Part.

Commencement Information

I53 Reg. 53 in operation at 10.2.2007, see reg. 1

Restrictions at contact premises N.I.

54.—(1) The Department must, by notice served on the occupier of contact premises, apply such of the measures in Schedule 1 as it considers necessary to reduce the risk of the spread of avian influenza.

(2) If the Department considers it necessary to prevent the spread of low pathogenic avian influenza it must—

(a) direct that contact premises be deemed to be infected premises; and

(b) state, in its direction, which measures in this Part and in Schedule 6 apply to the contact premises.

(3) A direction under paragraph (2) must be by notice served on the occupier of the contact premises and the Department must not serve such a notice unless it has taken into account the criteria set out in paragraph (4) of regulation 27, as read with paragraphs (5) and (6) of regulation 27.

(4) If the Department requires poultry or other captive birds on contact premises for the purposes of this Part to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Commencement Information

I54 Reg. 54 in operation at 10.2.2007, see reg. 1

Declaration of a low pathogenic avian influenza restricted zone N.I.

55.—(1) Subject to paragraph (4), the Department must, on confirmation of low pathogenic avian influenza on premises other than a regulated place, declare a low pathogenic avian influenza restricted zone with a radius of at least 1 kilometre from the premises.

(2) The Department must, on confirmation of low pathogenic avian influenza in an area of the Republic of Ireland which is less than 1 kilometre from Northern Ireland, declare a low pathogenic avian influenza restricted zone in Northern Ireland of such area as is necessary to complete the low pathogenic avian influenza restricted zone centered on the outbreak point in the Republic of Ireland.

(3) The Department may declare a low pathogenic avian influenza restricted zone on confirmation of low pathogenic avian influenza in an area of the Republic of Ireland which is 1 kilometre or more from Northern Ireland.

(4) The Department may, on the basis of a risk assessment, decide not to declare a low pathogenic avian influenza restricted zone under paragraph (1) if the premises where low pathogenic is confirmed are—

(a) a hatchery; or

(b) special category premises.

Commencement Information

I55 Reg. 55 in operation at 10.2.2007, see reg. 1

Size of zones N.I.

56.—(1) A low pathogenic avian influenza restricted zone must—

(a) be centred on the outbreak point; and

(b) subject to regulation 29(8), have a radius of at least 1 kilometre.

(2) “Outbreak point” has the meaning specified in regulation 29.

Commencement Information

I56 Reg. 56 in operation at 10.2.2007, see reg. 1

Measures in a low pathogenic avian influenza restricted zone N.I.

57.—(1) Subject to paragraphs (2) and (3), the measures in Schedule 7 apply in respect of a low pathogenic avian influenza restricted zone.

(2) The Department may, in a declaration under regulation 55, disapply some or all of the measures in Schedule 7 if—

(a) the infected premises is a hatchery or special category premises; and

(b) it has carried out a risk assessment and does not believe that the disapplication would endanger disease control.

(3) The Department may, if it considers it necessary to reduce the risk of the spread of avian influenza, impose, by declaration, measures additional to those in Schedule 7 in respect of the low pathogenic avian influenza restricted zone.

(4) The Department must ensure that—

(a) commercial premises in the low pathogenic avian influenza restricted zone are identified as soon as possible;

(b) tests for avian influenza are carried out on commercial poultry premises within a radius of at least 1 kilometre of the boundary of the infected premises or, if it thinks it more appropriate, of the part of the infected premises where avian influenza was found.

Commencement Information

I57 Reg. 57 in operation at 10.2.2007, see reg. 1

PART VII N.I. MEASURES TO REDUCE THE RISK OF THE SPREAD OF INFLUENZA VIRUSES OF AVIAN ORIGIN TO OTHER SPECIES

Tests on animals at premises where avian influenza is confirmed N.I.

58.—(1) The Department must ensure that any pigs kept on premises where avian influenza is confirmed are tested for infection with influenza virus of avian origin.

(2) The Department may, if it thinks it necessary to prevent the spread of avian influenza, or influenza of avian origin require such tests to be carried out on other mammals kept on the premises.

Commencement Information

I58 Reg. 58 in operation at 10.2.2007, see reg. 1

Killing of mammals N.I.

59.  The Department must ensure that mammals to be killed under paragraph 10 of Part I of Schedule 2 to the 1981 Order(7) because they are affected or suspected of being affected with influenza virus of avian origin or have been exposed to such disease are—

(a) killed as soon as possible, in accordance with the instructions of a veterinary inspector; or

(b) transported in accordance with the instructions of a veterinary inspector (if they are moved off the premises for slaughter) to a designated slaughterhouse.

Commencement Information

I59 Reg. 59 in operation at 10.2.2007, see reg. 1

Movements off the premises N.I.

60.—(1) Subject to paragraph (2), a person shall not move any mammal tested under regulation 58 off the premises where they are kept until the Department has confirmed that the mammal is not infective and authorises the movement in accordance with the conditions of a licence.

(2) The Department may licence the movement of pigs and other mammals in which infection with influenza virus of avian origin is confirmed to other premises (including a designated slaughterhouse) if it is satisfied (as a result of further tests on the animals) that the movement will not significantly increase the risk of the spread of avian influenza.

Commencement Information

I60 Reg. 60 in operation at 10.2.2007, see reg. 1

Other measures to control the spread of virus in mammals N.I.

61.—(1) If the Department considers it necessary to monitor or control the spread of avian influenza or influenza of avian origin in mammals it may—

(a) do any of the following, after serving a notice on the occupier of the premises—

(i) test pigs and other mammals on contact premises for influenza virus of avian origin,

(ii) prohibit the movement of mammals or categories of mammals off contact premises except under the authority of and in accordance with the conditions of a licence granted by the Department,

(iii) carry out surveillance or require surveillance to be carried out at any premises where mammals are kept; and

(b) impose such measures additional to those in regulations 58 and 60 and sub-paragraph (a) as it considers necessary, by declaration of an avian influenza (restrictions on mammals) zone or by notice served on the occupier of any premises.

(2) Premises are contact premises for the purposes of this Part if, in the view of the Department, they are premises—

(a) to which influenza virus of avian origin may have been carried from premises where the virus has been confirmed; or

(b) from which the virus may have been carried to premises where the virus has been confirmed.

Commencement Information

I61 Reg. 61 in operation at 10.2.2007, see reg. 1

PART VIII N.I. GENERAL MEASURES ON SUSPICION OR CONFIRMATION OF AVIAN INFLUENZA

Restrictions relating to things moved from Great Britain N.I.

62.—(1) Subject to paragraph (2), measures in these Regulations applying in respect of any thing moved from a controlled zone or from any of the premises referred to in paragraph (3) apply in respect of any such thing moved from an equivalent zone or equivalent premises in Great Britain.

(2) Paragraph (1) only applies if the person to whom the measure applies is aware or should reasonably have been aware that the thing moved is from such an equivalent zone or equivalent premises.

(3) The premises referred to in paragraph (1) are—

(a) suspect premises;

(b) contact premises;

(c) infected premises; and

(d) premises subject to restrictions under Part VII.

Commencement Information

I62 Reg. 62 in operation at 10.2.2007, see reg. 1

Measures relating to slaughter and to poultry meat N.I.

63.—(1) The occupier of a designated slaughterhouse to which poultry from premises in a protection zone are sent must ensure that—

(a) the poultry are kept separate from poultry from outside the zone;

(b) the poultry are slaughtered separately or at different times from poultry from outside the zone; and

(c) the part of the designated slaughterhouse and any equipment and any other thing which has been used for the slaughter or subsequent processing of the poultry are cleansed and disinfected in accordance with the instructions of an inspector before poultry from outside the zone are slaughtered.

(2) A person shall not move poultry meat from poultry originating in a protection zone except under the authority of and in accordance with the conditions of a licence granted by the Department and the poultry meat—

(a) bears a mark (or is in packaging which bears a mark) approved by the Department and which—

(i) identifies the poultry meat as coming from a protection zone, and

(ii) complies with paragraphs 9, 10, 11 and 13 of section 1(C) of Annex II to Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin(8); and

(b) is obtained, cut, transported and stored separately from poultry meat from outside the zone.

(3) A person shall not move poultry meat from poultry from outside a protection zone unless the meat—

(a) is obtained, cut, transported and stored separately from meat produced from poultry originating in the protection zone; and

(b) in the case of meat produced from poultry from an area which subsequent to such production becomes a protection zone—

(i) was produced at least 21 days before the date an inspector estimates as the date of earliest infection at premises in the protection zone; and

(ii) has been obtained, cut, transported and stored separately from meat produced after that date.

(4) Poultry meat from poultry outside a protection zone which does not meet the requirements of paragraph (3)(b) is subject to the measures in paragraphs (2) and (5) applicable to meat from poultry originating in a protection zone.

(5) A person shall not supply poultry meat from poultry originating in a protection zone for [F11 export outside the United Kingdom].

(6) A person, other than the final consumer of meat marked with a mark referred to in paragraph (2)(a), shall not deface, obliterate or remove that mark, unless under the authority of and in accordance with the conditions of a licence granted by the Department.

(7) In this regulation, “poultry meat” means poultry meat, and any product containing it, which has not been heat treated at a minimum temperature of 70°C, which temperature must be reached throughout the meat or product.

Textual Amendments

F11 Words in reg. 63(5) substituted (31.12.2020) by The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/111), regs. 1(1), 6(5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I63 Reg. 63 in operation at 10.2.2007, see reg. 1

Poultry moved to premises outside a controlled zone other than for slaughter N.I.

64.—(1) The occupier of any premises not in a protection or surveillance zone to which day-old chicks are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrive there if those chicks were—

(a) hatched from eggs originating in a protection and surveillance zone or from eggs which have come into contact with such eggs; and

(b) moved from a designated hatchery in a protection and surveillance zone.

(2) The occupier of any premises not in a protection or surveillance zone to which ready-to-lay poultry from a protection or surveillance zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrived there.

(3) The occupier of any premises outside a low pathogenic avian influenza restricted zone to which poultry are moved from such a zone must ensure that poultry other than day-old chicks hatched from eggs originating outside the zone are not moved off the premises for at least 21 days from the date they arrived there.

(4) The occupier of any premises to which any thing is moved under this regulation must, for at least 21 days from the date the thing was moved to the premises, make the following daily records—

(a) the number or approximate number of poultry on the premises;

(b) the number of poultry falling ill on the premises;

(c) the number of poultry dying on the premises;

(d) the amount of feed and, where possible, water being consumed by any poultry on the premises;

(e) details of any egg production on the premises.

(5) Records made under paragraph (4) must be kept for at least 6 weeks from the date the last record was made.

(6) The Department must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza take place at the premises to which things are moved.

Commencement Information

I64 Reg. 64 in operation at 10.2.2007, see reg. 1

Movements to egg processing plants N.I.

65.—(1) The occupier of an egg processing plant to which eggs are moved from suspect premises (under paragraph 6 of Schedule 1) or from infected premises during the unregulated period of infection (under regulation 24(2)(c)) must ensure that—

(a) the eggs are kept separate from other eggs at the plant from the time they arrive until they are processed;

(b) the shells of the eggs are disposed of;

(c) the packaging used to transport the eggs is destroyed or cleansed and disinfected; and

(d) any person involved in the handling and processing of eggs takes appropriate biosecurity measures.

(2) The owner or driver of any vehicle used to transport eggs to an egg processing plant must ensure that it is cleansed and disinfected before the eggs are loaded and after they are unloaded.

(3) A person involved in the transportation of eggs to an egg processing plant must take such biosecurity measures as he considers necessary to prevent the spread of disease.

Commencement Information

I65 Reg. 65 in operation at 10.2.2007, see reg. 1

Cleansing, disinfection and treatment N.I.

66.—(1) A person who is required under these Regulations to cleanse, disinfect or treat any premises (other than a regulated place) or any thing (including any vehicle under his control) on those premises must do so in accordance with Schedule 3.

(2) A person who is required under these Regulations to cleanse, disinfect or treat a regulated place, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with the instructions of an inspector.

(3) The occupier of any premises required to be cleansed or disinfected under these Regulations, or on which cleansing and disinfection of any vehicle is so required, must provide adequate facilities, equipment and materials to carry out such cleansing and disinfection.

(4) An inspector may, by notice served on the occupier of premises referred to in paragraph (1), provide that part of the premises which is the subject of that notice and which would otherwise be subject to the measures in Schedule 3 may be subject instead to the measures in paragraph (2).

(5) A person who is required to disinfect under these Regulations must—

(a) use disinfectants approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972(9) for the purposes of avian influenza;

(b) use them at the concentrations approved under that Order; and

(c) use them in accordance with—

(i) the instructions of the manufacturer (if any), or

(ii) (if different) the instructions of an inspector.

(6) An inspector may, by notice served on the occupier of any premises where avian influenza has been confirmed—

(a) prohibit the keeping of poultry or other captive birds on the premises or on any part of the premises where he believes avian influenza virus may still exist; and

(b) prohibit the entry of a person, vehicle, poultry, other captive birds, mammals or thing onto a premises or part of premises which he believes cannot be cleansed and disinfected.

(7) An inspector must not revoke a notice served under paragraph (6) unless—

(a) at least a year has passed since the date the notice was served; or

(b) (in the case of fields on the premises or of any other part of the premises which is not a building or part of a building), the Department has confirmed that he may do so.

(8) An inspector may prohibit the movement of poultry, other captive birds, mammals or vehicles to or from any premises until cleansing and disinfection have been completed to the satisfaction of the inspector.

(9) An inspector may, in the case of vehicles, prohibit their movement until cleansing and disinfection have been completed to the satisfaction of the inspector.

Commencement Information

I66 Reg. 66 in operation at 10.2.2007, see reg. 1

Restocking N.I.

67.—(1) A person shall not restock with poultry or other captive birds, infected premises or contact premises if poultry or other captive birds kept on those premises have been killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order.

(2) Paragraph (1) shall not apply to restocking carried out under the authority of and in accordance with the conditions of a licence granted by the Department.

(3) The Department shall not licence the restocking of commercial poultry premises until at least 21 days after the date final cleansing and disinfection was completed at the premises in accordance with Part II of Schedule 3.

(4) Where premises subject to measures in Schedules 1, 2 or 6 have been restocked an inspector may vary those measures, by notice served on the occupier of the premises.

Commencement Information

I67 Reg. 67 in operation at 10.2.2007, see reg. 1

Surveillance at restocked commercial poultry premises N.I.

68.—(1) The Department must ensure that the following measures are taken not more than 21 days after the date any poultry are brought onto commercial poultry premises for restocking—

(a) the examination of any poultry on the premises by an inspector;

(b) the taking from such poultry of such samples as the Department requires and the laboratory testing of such samples for avian influenza;

(c) the testing for avian influenza of such poultry which die on the premises as an inspector considers necessary.

(2) An inspector who examines poultry under paragraph (1)(a) may carry out more than one examination of the birds and shall ensure that he carries out at least one examination as close as possible to the end of the 21 day period referred to in paragraph (1).

Commencement Information

I68 Reg. 68 in operation at 10.2.2007, see reg. 1

Additional measures at restocked commercial poultry premises N.I.

69.—(1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, make the following daily records—

(a) the number or approximate number of poultry on the premises;

(b) the number of poultry falling ill on the premises;

(c) the number of poultry dying on the premises;

(d) the amount of feed and, where possible, water being consumed by poultry on the premises;

(e) any egg production on the premises.

(2) The occupier of commercial poultry premises must ensure that a record made under paragraph (1) is kept for at least 6 weeks from the date the last record was made.

Commencement Information

I69 Reg. 69 in operation at 10.2.2007, see reg. 1

Measures at other restocked premises N.I.

70.  The Department may, in relation to other restocked premises where poultry or other captive birds are kept,—

(a) apply the measures in regulation 68; and

(b) by notice served on the occupier of the premises, require him to carry out the measures in regulation 69.

Commencement Information

I70 Reg. 70 in operation at 10.2.2007, see reg. 1

Designation of premises to which things may be moved N.I.

71.—(1) On receipt of an application in writing by the occupier of the premises, the Department may designate the following premises for the following purposes—

(a) a slaughterhouse for the purpose of receiving poultry, pigs or other mammals moved under a licence granted under these Regulations;

(b) a hatchery for the purpose of receiving eggs moved under a licence granted under these Regulations;

(c) an egg packing centre for the purpose of receiving eggs moved under a licence granted under these Regulations;

(d) any premises for the purpose of receiving eggs moved under a licence granted under these Regulations for use for scientific, diagnostic or pharmaceutical purposes.

(2) The Department shall not make a designation unless it is satisfied that the risk of the transmission of avian influenza from the premises is minimal.

(3) The following premises are deemed to be designated under paragraph (1)(d), unless the Department directs otherwise by notice served on the occupier of the premises—

(a) premises licenced to manufacture or assemble human vaccines under section 8(2) of the Medicines Act 1968(10);

(b) premises authorised to manufacture animal vaccines under regulation 5 of The Veterinary Medicines Regulations 2006(11);

(c) premises [F12 specified in a licence granted under section 2C] of the Animals (Scientific Procedures) Act 1986(12);

(d) premises licenced under Article 4 of the Specified Animal Pathogens Order (Northern Ireland) 1999(13).

Textual Amendments

F12 Words in reg. 71(3)(c) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 40 (with Sch. 3)

Commencement Information

I71 Reg. 71 in operation at 10.2.2007, see reg. 1

Records of movements authorised by licence N.I.

72.—(1) A person moving poultry, other captive birds or their products under a licence granted under these Regulations must, as soon after the movement as is reasonably practicable, make a record of—

(a) what is moved, including its quantity;

(b) the date of the movement;

(c) the name of the consignor;

(d) the address of the premises from which the movement started;

(e) the registration number of any vehicle used;

(f) the name of the consignee; and

(g) the address of the destination.

(2) The person making such a record must retain it for at least twelve months from the date the movement was completed.

Commencement Information

I72 Reg. 72 in operation at 10.2.2007, see reg. 1

Retention and production of records N.I.

73.—(1) A person who is required to keep a record must—

(a) retain it for at least twelve months from the date the record is made (unless otherwise required under these Regulations); and

(b) produce it on demand to an inspector and provide him with copies if required.

(2) An inspector may enter any premises for the purpose of inspecting any records required to be kept and may—

(a) copy such records (in whatever form they are held);

(b) require any computer records to be produced in a form which can be taken away; and

(c) remove any record and retain it until he has carried out his functions under these Regulations.

Commencement Information

I73 Reg. 73 in operation at 10.2.2007, see reg. 1

Change of occupation of premises under restriction N.I.

74.—(1) This regulation applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of his right of occupation because of a movement restriction imposed under these Regulations and continues to apply for seven days after any such restriction has been removed.

(2) The person entitled to occupation of the premises following that termination must—

(a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and

(b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.

(3) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.

(4) The keeper of the poultry, other captive bird or mammal is liable to pay the reasonable costs incurred under these Regulations by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Commencement Information

I74 Reg. 74 in operation at 10.2.2007, see reg. 1

Killing of birds and destruction of things which may be contaminated N.I.

75.—(1) Before causing poultry or other birds to be killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order, the Department must give notice of its intention to do so to the occupier of the premises where the birds are kept or to their keeper.

(2) Before causing any mammal to be killed under paragraph 10 of Part I to Schedule 2 of the 1981 Order, the Department must give notice of its intention to do so to the occupier of the premises where the mammal is kept or to its keeper.

(3) Before causing the seizure of any thing under Article 6 of the 1981 Order, the Department must give notice of its intention to do so—

(a) to the occupier of the premises where the thing is kept; or

(b) to the owner or keeper of the thing.

Commencement Information

I75 Reg. 75 in operation at 10.2.2007, see reg. 1

Duty of the Department to erect signs N.I.

76.—(1) The Department shall, if reasonably practicable, ensure that the boundaries of a controlled zone other than an avian influenza (restrictions on mammals) zone are indicated by signs erected in a conspicuous position on roads entering the zone on which poultry are likely to be moved.

(2) The Department shall, if reasonably practicable, ensure that the boundaries of an avian influenza (restrictions on mammals) zone are indicated by signs erected in a conspicuous position on roads entering the zone on which mammals, or mammals specified in the declaration of the zone, are likely to be moved.

(3) The Department shall cause a notice of any restriction or prohibition on the movement of any person onto any premises in a protection zone declared under regulation 35(2)(c) (“a restriction notice”) to be displayed at—

(a) every entrance to the premises;

(b) such places on any public or private right of way the subject of the declaration as it considers appropriate; and

(c) any other location it considers appropriate.

(4) A person shall not alter, remove, obliterate or deface any sign erected or notice displayed under this regulation.

Commencement Information

I76 Reg. 76 in operation at 10.2.2007, see reg. 1

PART IX N.I. INSPECTION, ENFORCEMENT, OFFENCES AND AMENDMENTS

Disapplication of measures N.I.

77.  Measures prohibiting or restricting the movement of any person or the use of any thing do not apply to the Department or a district council, or any person authorized by either of them to act, in the execution of these Regulations.

Commencement Information

I77 Reg. 77 in operation at 10.2.2007, see reg. 1

Veterinary investigations N.I.

78.—(1) An inspector may—

(a) mark, or cause to be marked, for identification purposes any bird, mammal, carcase or other thing;

(b) count birds and mammals;

(c) take samples from any bird, mammal, carcase or other thing;

(d) take with him such people and things as he considers necessary.

(2) Any person who enters premises under paragraph (1)(d) may return unaccompanied to take any further steps necessary to carry out the relevant functions.

(3) A person carrying out a veterinary investigation who suspects that avian influenza or influenza virus of avian origin exists or has existed on the premises must seek to establish—

(a) the length of time avian influenza has existed on the premises or on any vehicle;

(b) the possible origin of avian influenza on the premises;

(c) which premises may have been exposed to contamination by avian influenza from the same origin or from the premises under investigation; and

(d) the extent to which avian influenza may have been carried to or from the premises under investigation by the movement of birds, people, animals, vehicles, eggs, carcases, implements or any other thing.

(4) The occupier of the premises under investigation and any person appearing to the person carrying out the investigation to have charge of birds or mammals on the premises must provide such assistance as the person carrying out the investigation may reasonably require.

(5) A person shall not alter, remove, obliterate, or deface any mark applied under paragraph (1)(a) except with the written authority of an inspector.

(6) An inspector who carries out an investigation must keep a record of the dates he visits premises, of his findings at the premises and of any action he has required the occupier of the premises to take.

(7) A person who imposes any requirements or restrictions must take account of the results of any relevant veterinary inquiries of which he should reasonably be aware.

Commencement Information

I78 Reg. 78 in operation at 10.2.2007, see reg. 1

Powers of inspectors N.I.

79.  An inspector may—

(a) require the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier of the premises where it is present, or on the person in charge of it;

(b) cleanse and disinfect any premises and any thing;

(c) require the cleansing and disinfection of any thing by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it;

(d) require the cleansing and disinfection of any premises by serving a notice on the occupier of the premises;

(e) require the removal, laundering, cleansing and disinfection or disposal of the clothing or footwear of any person by serving a notice on him;

(f) require, by notice, the occupier of any premises or the keeper of any animal or bird—

(i) to keep or isolate the animal or bird in a specified place, and

(ii) to separate the animal or bird from any other animal or bird.

Commencement Information

I79 Reg. 79 in operation at 10.2.2007, see reg. 1

Powers of inspectors in case of default N.I.

80.—(1) Where a person fails to comply with a requirement of these Regulations, an inspector may take any steps he considers necessary to ensure the requirement is met.

(2) Where a person acts in contravention of a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.

(3) In taking steps under paragraphs (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under these Regulations.

(4) In taking steps under paragraph (2), an inspector may direct any person to take or refrain from specified action in respect of any place, mammal, poultry, other captive bird, vehicle, or any thing.

(5) The person in default for the purposes of paragraph (1) or (2) shall reimburse any reasonable expenses incurred by the Department in taking any steps under this regulation and any such amount is recoverable summarily.

Commencement Information

I80 Reg. 80 in operation at 10.2.2007, see reg. 1

Duty to provide reasonable assistance N.I.

81.—(1) A person required to give assistance or information to a person executing these Regulations must, unless he has reasonable cause, do so without delay.

(2) The occupier of any premises from or to which he wishes any thing to be moved under licence under these Regulations must allow an inspector to enter those premises for the purposes of deciding whether or not such a licence should be granted or maintained.

(3) The occupier must give all reasonable assistance to an inspector who visits the premises to examine the birds and to take samples.

Commencement Information

I81 Reg. 81 in operation at 10.2.2007, see reg. 1

Provision of information N.I.

82.  A person shall not provide information which he knows to be false or misleading to a person executing these Regulations.

Commencement Information

I82 Reg. 82 in operation at 10.2.2007, see reg. 1

Duty to comply with declarations, licences, notices and designations N.I.

83.—(1) A person to whom a requirement in or imposed by virtue of a declaration, licence, notice or designation applies must comply with—

(a) the requirement (unless authorised otherwise by licence); and

(b) any request which an inspector may make to him to ensure that the requirement is met unless he has reasonable cause, must do so without delay.

(2) Subject to regulations 42(2), 46(6) and 74(4), the costs incurred by any person in taking any action required or of refraining from taking action prohibited under them, must be met by that person unless the Department directs otherwise in writing.

Commencement Information

I83 Reg. 83 in operation at 10.2.2007, see reg. 1

Enforcement, offences and proceedings N.I.

84.  The following provisions of the 1981 Order shall apply as if these Regulations were an order made under the 1981 Order—

(a) Article 6 (seizure and destruction of carcases, etc., liable to spread disease);

(b) Article 18 (6) (general provisions relative to slaughter and compensation) and the Diseases of Animals (Valuation) Order (Northern Ireland) 1989(14);

(c) Article 42 (functions of constables);

(d) Article 46 (general powers of inspectors);

(e) Article 46A (powers of inspectors relating to [F13 retained EU law or Protocol] obligations); and

(f) Article 48 (power to detain vessels and aircraft)

(g) Article 52 (offences);

(h) Article 54 (defences and evidence);

(i) Article 55 (extension of time for bringing summary proceedings);

(j) Article 56 (venue); and

(k) Article 57 (proceedings under Customs Acts for unlawful landing or shipping).

Textual Amendments

F13 Words in reg. 84(e) substituted (31.12.2020) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), regs. 1(3), 8

Commencement Information

I84 Reg. 84 in operation at 10.2.2007, see reg. 1

Powers to give directions N.I.

85.—(1) The Department shall issue directions in writing to a district council concerning the enforcement by the district council of any provisions of these regulations including the variation thereof.

(2) A district council shall comply with all relevant provisions of a direction issued under paragraph (1).

(3) Where a district council fails to execute or enforce any requirement of a direction under paragraph (1) the Department shall arrange for the requirement to be carried out.

(4) For the purposes of enforcement of a direction under this regulation an authorised officer of the district council shall have all the powers of an inspector.

Commencement Information

I85 Reg. 85 in operation at 10.2.2007, see reg. 1

Disapplication N.I.

86.  The provisions of the Diseases of Poultry Order (Northern Ireland) 1995(15) are disapplied insofar as they apply to avian influenza.

Commencement Information

I86 Reg. 86 in operation at 10.2.2007, see reg. 1

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 9^th February 2007.

E. Redmond

A senior officer of the Department of Agriculture and Rural Development