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

Measures to reduce the risk of transmission of avian influenza

6.—(1) If the Secretary of State considers it necessary (having carried out a risk assessment) to reduce the risk of transmission of avian influenza to poultry or other captive birds from wild birds or from any other source, she must do one or more of the following—

(a) declare an avian influenza prevention zone in all or part of England;

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

(c) ban or limit the collection of poultry or other captive birds at any fair, market, show, exhibition, race or other gathering.

(2) The Secretary of State must, in her declaration of an avian influenza prevention zone or in the notice, impose such restrictions and requirements as she considers necessary to reduce the risk of transmission of avian influenza and must consider, in particular, the measures 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;

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

(3) The Secretary of State’s powers under paragraph (2) include powers—

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

(b) to require species of poultry or other captive birds specified in the declaration 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 prohibit 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;

(e) 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 a veterinary inspector may require.