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The Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006

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This is the original version (as it was originally made).

Declarations, licences, notices and designations under this Order

4.—(1) Declarations under this Order—

(a)must be in writing;

(b)may be amended or revoked, by further declaration in writing, at any time;

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

(d)must list or refer to the measures which apply in such a zone and state whether they apply in all or part of the zone; and

(e)must state to which categories of bird or mammal measures apply;

(f)must, where they designate a controlled zone, be ended by further declaration.

(2) Licences under this Order—

(a)must be in writing;

(b)may be general or specific;

(c)may, in addition to any conditions required by this Order, be made subject to such conditions as the Secretary of State considers necessary to control avian influenza; and

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

(3) Notices under this Order—

(a)may be amended or revoked, by further notice, at any time;

(b)must specify whether they apply to all or part of premises;

(c)must, if they apply to part of premises, specify to which part they apply.

(4) Designations under this Order—

(a)must be in writing;

(b)may be made subject to such conditions as the Secretary of State considers necessary to control avian influenza;

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

(5) The Secretary of State must take such steps as she considers fit to ensure that declarations, licences, notices and designations are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

(6) The Secretary of State must, in particular, ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

(7) Except as otherwise directed by the Secretary of State in a declaration of a controlled zone or by notice to the licence holder—

(a)licences granted in Scotland, Wales or Northern Ireland for activities which could be licensed in England under this Order have effect in England as if they were licences granted under this Order; and

(b)premises in Scotland, Wales and Northern Ireland designated respectively by the Scottish Ministers, the National Assembly or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the Secretary of State for the purposes of this Order.

(8) A person moving anything under the authority of a specific licence granted under this Order must—

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

(b)on demand by an inspector, a veterinary inspector or by another officer of the Secretary of State, produce the licence and allow a copy or extract to be taken; and

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

(9) A person moving anything under the authority of a general licence granted under this Order must—

(a)carry with him, at all times during the licensed movement, a consignment note which contains details of—

(i)what is moved (including its quantity);

(ii)the date of the movement;

(iii)the name and address of the originating premises;

(iv)the name and address of the destination;

(b)on demand by an inspector, a veterinary inspector or by another officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken; and

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

(10) Unless the Secretary of State declares otherwise in a declaration of a controlled zone or by notice to the occupier or any premises or to the owner or occupier of any vehicle, any movement which has already started when such a declaration comes into force may be completed.

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