The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006

PART 2 Preventive measures

Measures to reduce the risk of transmission of avian influenza

6.—(1) If, after carrying out a risk assessment, the Secretary of State considers such action necessary to reduce the risk of transmission of avian influenza [F1 virus] to poultry or other captive birds from wild birds or from any other source, he must—

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

(b) serve or require an inspector to 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.

(2) A declaration or notice under paragraph (1) must impose such measures as the Secretary of State considers necessary to reduce the risk of transmission of avian influenza [F2 virus].

(3) When deciding the measures to impose under paragraph (2), the Secretary of State must consider whether measures are necessary—

(i) to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;

(ii) to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus; and

(iii) to reduce the risk of the spread of avian influenza [F3 virus] between premises.

(4) The power of the Secretary of State to impose measures by declaration or notice under this article includes the power—

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

(b) to require poultry or other captive birds or categories of such birds specified in the declaration or notice 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 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 or an inspector under the direction of a veterinary inspector may require;

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

(f) to ban or limit 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.

Textual Amendments

F1 Word in art. 6(1) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(5)(a)

F2 Word in art. 6(2) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(5)(b)

F3 Word in art. 6(3)(iii) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(5)(c)

Surveillance for avian influenza

7.—(1) The Secretary of State must carry out surveillance at such premises and of such birds as he considers necessary—

(a) to detect the [F4 presence] in different species of poultry of infection with avian influenza virus subtypes H5 and H7; and

(b) to assess the risk of the spread of [F5 avian influenza virus] by wild birds.

[F6 (1A) The Secretary of State may carry out surveillance at such premises and of such mammals as he considers necessary—

(a) to detect the presence of avian influenza virus in kept mammals;

(b) to assess the risk of the spread of avian influenza virus.]

(2) The Secretary of State must give notice to the occupier of premises selected by him for the purposes of such a survey.

Textual Amendments

F4 Word in art. 7(1)(a) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(6)(a)(i)

F5 Words in art. 7(1)(b) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(6)(a)(ii)

F6 Art. 7(1A) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(6)(b)