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
I1Reg. 11 in operation at 10.2.2007, see reg. 1