The Diseases of Poultry Declaratory (Infected Area) (England) (No. 2) Order 2005

Statutory Instruments

2005 No. 2116

ANIMALS, ENGLAND

ANIMAL HEALTH

The Diseases of Poultry Declaratory (Infected Area) (England) (No. 2) Order 2005

Made

10.15 a.m. on 29th July 2005

Coming into force

12 p.m. on 29th July 2005

The Secretary of State, in exercise of the powers conferred upon her by article 10(1) of the Diseases of Poultry (England) Order 2003 (“the 2003 Order”)(1) (made under section 17(1) of the Animal Health Act 1981(2)), makes the following Order:

Title, commencement and application

1.—(1) This Order may be cited as the Diseases of Poultry Declaratory (Infected Area) (England) (No. 2) Order 2005.

(2) This Order applies in England only and comes into force at 12 p.m. on 29th July 2005.

Declaration of infected area and division into protection and surveillance zones

2.—(1) The area described in Part 1 of the Schedule (and comprising the area within the larger, grey circle on the map in Part 3 of the Schedule) is an infected area to which the provisions of Schedule 2 to the 2003 Order apply, as specified below.

(2) The part of the infected area described in Part 2 of the Schedule (and comprising the area within the smaller, blue circle on the map in Part 3 of the Schedule) is a protection zone to which paragraphs 1 to 4 and paragraph 9 of Schedule 2 to the 2003 Order apply.

(3) That part of the infected area which is not a protection zone is a surveillance zone to which paragraphs 5 to 8 and paragraph 9 of Schedule 2 to the 2003 Order apply.

(4) Any premises partly within and partly outside the protection zone are deemed to be wholly within the protection zone.

(5) Any licence issued under the 2003 Order before 9.30 p.m. on 15th July (when the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005(3) came into force) is not valid for the purposes of the 2003 Order insofar as it applies to the infected area declared under this Order.

Revocation of the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005

3.  The Diseases of Poultry Declaratory (Infected Area) (England) Order 2005 is revoked.

In witness whereof the Official Seal of the Secretary of State for Environment, Food and Rural Affairs is hereunto affixed this 29th day of July 2005, at 10.15 a.m.

L.S.

Renate Lowres

Authorised by the Secretary of State

Article 2

SCHEDULE

PART 1 Infected Area

1.  The infected area comprises that part of the county of Surrey contained within a circle with a radius of 6 kilometres, centred on grid reference TQ 059538, this map reference being to the Ordnance survey Landranger 1:50,000 series.

PART 2 Protection Zone

2.  The protection zone comprises that part of the infected area contained within a circle with a radius of 4.6 kilometres, centred on grid reference TQ 059538, this map reference being to the Ordnance survey Landranger 1:50,000 series.

PART 3

Map showing the boundaries of the protection and surveillance zones in the infected area.

Explanatory Note

(This note is not part of the Order)

This Order (which applies in England only) revokes and replaces the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005 (S.I. 2005/1957) (“the original Order”).

In this Order, the Secretary of State declares the area described in Part 1 of the Schedule to be an infected area to which the restrictions contained in Schedule 2 to the Diseases of Poultry (England) Order 2003 (S.I. 2003/1078) apply. This area is smaller than the area declared in the original Order. The infected area is divided into a protection zone of the same size as that declared in the original Order and a surveillance zone of a reduced size. Different restrictions apply in each zone.

The boundaries of the protection and surveillance zones are shown on the map in Part 3 of the Schedule. A map depicting the infected area is also available at www.defra.gov.uk and copies may be inspected between 9.00 a.m. and 5.00 p.m., Monday to Friday at the Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ and at the offices of the Animal Health District Office: Liberty House, 105 Bell Street, Reigate, Surrey RH2 7JB.

A full regulatory impact assessment has not been produced for this instrument.

(1)

S.I. 2003/1078.

(2)

1981 c. 22.

(3)

S.I. 2005/1957.