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

Changes over time for: Section 46

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Version Superseded: 13/11/2006

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Measures when low pathogenic avian influenza is confirmedE+W+S

46.—(1) If the Chief Veterinary Officer confirms low pathogenic avian influenza on any premises other than regulated places, the Secretary of State must—

(a)apply (by notice to the occupier of the premises) such of the measures set out in Part 1 of Schedule 6 as she 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) The Secretary of State must not permit any movement otherwise prohibited under Part 1 of Schedule 6 unless she is satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.

(3) When reaching a decision under paragraph (2), the Secretary of State must, in particular, take into account the criteria set out in Part 2 of Schedule 6.

(4) An inspector who knows or suspects that any poultry or other captive bird in transit is infected or contaminated with avian influenza may serve a notice on the keeper of the bird—

(a)directing transport of the bird to such premises as the inspector thinks fit; and

(b)requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(5) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

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