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

PART 3 Measures on suspicion of avian influenza

Disapplication of measures to regulated places

8.  Articles 9(1)(b) and 10 to 17 do not apply to regulated places.

Notification procedures and precautions to be taken where avian influenza is suspected

9.—(1) A person who has in his possession or under his charge any bird or bird carcase which has, or which he suspects may have, avian influenza must—

(a) immediately notify the [F1 Secretary of State]; and

(b) take all reasonable steps to ensure that the measures in Schedule 1 are complied with.

(2) A person who examines or inspects any bird or bird carcase, or who analyses any sample taken from any bird or bird carcase, must immediately inform the [F1 Secretary of State] if—

(a) he suspects the presence of avian influenza in the bird or bird carcase; or

(b) he detects evidence of antibodies to avian influenza virus in the bird or bird carcase.

(3) A person who examines or inspects any mammal or mammal carcase, or who analyses any sample taken from any mammal or mammal carcase, must immediately inform the [F1 Secretary of State] if—

(a) he suspects the presence of [F2 avian influenza virus] in the mammal or mammal carcase; or

(b) he detects evidence of antibodies to [F3 avian influenza virus] in the mammal or mammal carcase.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (5) A person who has in his possession or under his charge any mammal or mammal carcase which he suspects has or may have influenza of avian origin must—

(a) immediately notify the Secretary of State; and

(b) take all reasonable steps to ensure that the measures in Schedule 9 are complied with.

(6) Any person who analyses a sample taken from a wild bird or a wild bird carcase must give notice as soon as practicable to the Secretary of State if they detect the presence of avian influenza virus or antibodies to avian influenza virus in that wild bird or wild bird carcase.]

Textual Amendments

F1 Words in art. 9(1)-(3) substituted (1.11.2009) by The Animal Health (Divisional Veterinary Managers) Order 2009 (S.I. 2009/2713), arts. 1, 2(1), Sch. 1

F2 Words in art. 9(3)(a) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(7)(a)(i)

F3 Words in art. 9(3)(b) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(7)(a)(ii)

F4 Art. 9(4) omitted (1.11.2009) by virtue of The Animal Health (Divisional Veterinary Managers) Order 2009 (S.I. 2009/2713), arts. 1, 8

F5 Art. 9(5)(6) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(7)(b)

Notice of restrictions where avian influenza is suspected on premises

10.—(1) Subject to article 11 and whether or not notification has been made under article 9, an inspector must serve a notice of restrictions on the occupier of any premises where he suspects that [F6 avian influenza or influenza of avian origin] exists or may have existed within the preceding 56 days.

(2) Subject to article 11, the notice of restrictions must require the occupier of the premises to comply with

[F7 (i) in the case of premises where poultry or other captive birds are present, the measures in Schedule; and

(ii) in the case of premises where mammals are present, the measures in Schedule 1 and Schedule 9];

(3) [F8 A veterinary inspector] must not withdraw the notice of restrictions unless instructed to do so by the Chief Veterinary Officer [F9 or the presence of disease has been negated].

Textual Amendments

F6 Words in art. 10(1) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(8)(a)

F7 Words in art. 10(2) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(8)(b)

F8 Words in art. 10(3) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(8)(c)(i)

F9 Words in art. 10(3) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(8)(c)(ii)

Derogations from restrictions applicable at suspect premises

11.—(1) A notice served under article 10 on the occupier of a laboratory where low pathogenic avian influenza virus is kept must—

(a) be served by a veterinary inspector; and

(b) impose such of the measures in Schedule 1 and such measures relating to the operation of the laboratory as the veterinary inspector considers necessary.

(2) In a notice served under article 10 on the occupier of premises other than those referred to in paragraph (1) of this article, or by licence to such an occupier, a veterinary inspector or an inspector acting under his direction may grant derogations from paragraphs 2, 3, 4 and 6 of Schedule 1.

(3) No person shall grant a derogation under paragraph (2) or authorise the granting of such a derogation unless he has considered—

(a) the risk of the possible spread of avian influenza [F10 virus] were the derogation to be granted;

(b) any precautionary measures which have been or could be taken; and

(c) the destination of any birds [F11 , mammals] or things which would be moved were the derogation to be granted.

(4) In a notice served under article 10 or by licence, a veterinary inspector or an inspector acting under the direction of a veterinary inspector may also grant a derogation from the [F12 cleansing and] disinfection requirement in paragraph 9 of Schedule 1 [F13 or paragraph 6 of Schedule 9] if—

(a) the premises the subject of the derogation are non-commercial premises;

(b) the premises contain other captive birds but no poultry;

(c) he has considered the risk of the possible spread of avian influenza [F14 virus] were the derogation to be granted and any precautionary measures which have been or could be taken.

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Word in art. 11(3)(a) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(9)(a)(i)

F11 Word in art. 11(3)(c) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(9)(a)(ii)

F12 Words in art. 11(4) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(9)(b)(i)

F13 Words in art. 11(4) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(9)(b)(ii)

F14 Word in art. 11(4)(c) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(9)(b)(iii)

F15 Art. 11(5) omitted (27.10.2022) by virtue of The Exotic Animal Disease (Amendment) (England) Order 2022 (S.I. 2022/1108), arts. 1(1), 4(3)

Veterinary inquiries and sampling

12.— [F16 (1) The Secretary of State must ensure that a veterinary inquiry is started at a suspect premises as soon as reasonably practicable if he suspects—

(a) that poultry, other captive birds or kept mammals on the premises—

(i) are infected with avian influenza virus; or

(ii) have been moved to those premises from premises where avian influenza or influenza of avian origin is suspected or has been confirmed; or

(b) that infection may have been present on the premises in the preceding 56 days.]

(2) If the Secretary of State has authorised a veterinary inspector or another veterinary surgeon to take samples from poultry [F17 , other captive birds or kept mammals] on premises other than suspect premises or other than for the purposes of the veterinary inquiry referred to in paragraph (1), he must direct by notice to the occupier of the premises [F18 which] of the measures in Schedule 1 [F19 or Schedule 9] apply to the premises.

[F20 (3) The Secretary of State must ensure that any veterinary inquiry conducted under paragraph (1) or (2) is conducted in accordance with the procedures set out in the diagnostic manual.]

[F21 (4) A veterinary inquiry under paragraph (1) conducted at premises where mammals are kept may be carried out whether or not—

(a) poultry or other captive birds are kept on the premises; or

(b) avian influenza virus is present or has been present on the premises in the preceding 56 days.]

Textual Amendments

F16 Art. 12(1) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(10)(a)

F17 Words in art. 12(2) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(10)(b)(i)

F18 Word in art. 12(2) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(10)(b)(ii)

F19 Words in art. 12(2) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(10)(b)(iii)

F20 Art. 12(3) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(3)

F21 Art. 12(4) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(10)(c)

Measures to minimise the risk of the spread of avian influenza from suspect premises

13.  If the Secretary of State considers such a measure necessary to minimise the risk of the spread of avian influenza or of avian influenza virus from suspect premises in England, Wales, Scotland or Northern Ireland, he must take one or more of the following measures—

(a) declare a temporary movement restriction zone in such part of England as he considers necessary;

(b) serve a notice on the owner or occupier of suspect premises in England requiring him to comply with such of the measures in [F22 Schedules 1 and 9] as are specified in the notice;

(c) declare a temporary control zone in such part of England and of such size as he considers necessary around suspect premises.

Textual Amendments

F22 Words in art. 13(b) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(11)

Measures to be taken into account in respect of vehicles

14.  A person exercising powers under articles 10 to 13 must take into account any measures taken in respect of vehicles under articles 38, 42, 43 and 45.

Measures in a temporary movement restriction zone

15.—(1) In a declaration of a temporary movement restriction zone and in relation to all or such part of the zone as he thinks fit, the Secretary of State must ban or restrict the movement of such of the following as he considers necessary—

(a) poultry;

(b) other captive birds;

(c) eggs;

(d) vehicles used to transport poultry, other captive birds, eggs or anything else likely to transmit avian influenza;

(e) [F23 kept] mammals.

(2) If the Secretary of State bans or restricts the movement of mammals within a temporary movement restriction zone, he must lift the ban or restriction within 72 hours of it being imposed unless (notwithstanding any continuing restrictions on the movement of other things listed in paragraph (1)) he is satisfied that its continuation is necessary to minimise the risk of the spread of avian influenza.

(3) If the ban or restriction on the movement of mammals continues for more than 72 hours from when it was originally declared, the Secretary of State must review each decision to continue it within 72 hours.

Textual Amendments

F23 Word in art. 15(1)(e) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(12)

Additional restrictions at suspect premises

16.  In a notice served under article 13(b), the Secretary of State must state if the measures specified in the notice apply—

(a) to all poultry and other captive birds on the premises;

(b) only to certain categories of poultry or other captive birds;

(c) only to poultry or other captive birds which he suspects are infected;

[F24 (ca) to all kept mammals at the premises;

(cb) to specified kept mammals at the premises.]

(d) to all or only a specified part of the premises.

Textual Amendments

F24 Art. 16(ca)(cb) inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(13)

Declaration of a temporary control zone

17.  In a declaration of a temporary control zone, the Secretary of State must impose, in relation to premises in all or such part of the zone as he thinks fit, such measures as he considers necessary to reduce the risk of the spread of avian influenza [F25 virus].

Textual Amendments

F25 Word in art. 17 inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 4(14)