The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006

Maintenance of areas

12.—(1) If the Chief Veterinary Officer advises the Secretary of State that the avian influenza virus of subtype H5 present in the wild bird or carcase referred to in article 5(1)(a) is of neuraminidase N1, the Secretary of State must not—

(a) amend any declaration made under article 5 so that the wild bird control area becomes part of the wild bird monitoring area until at least 21 days have elapsed from the date on which the sample showing the presence of the H5 virus was collected from that wild bird or carcase except where the conditions in paragraph (2) are fulfilled; or

(b) revoke any declaration made under article 5 until at least 30 days have elapsed from that date.

(2) The conditions referred to in paragraph (1)(a) are—

(a) the Secretary of State has carried out an assessment of the risk of the possible spread of avian influenza, taking into account the factors listed in article 6(3), which indicates that the amendment of the declaration would not endanger disease control;

(b) the Secretary of State has identified premises where poultry are kept within the wild bird control area in accordance with article 11(1)(a); and

(c) a veterinary inspector has carried out at least one visit to each of those premises in accordance with article 11(1)(b) and the results of any laboratory tests carried out on samples taken from poultry or other captive birds on those premises in accordance with article 11(2)(a) have not given rise to the service of a notice under article 10(1) of the Avian Influenza Order.

(3) Where the Secretary of State amends a declaration so that a wild bird control area becomes part of the wild bird monitoring area before 21 days have elapsed from the date referred to in paragraph (1)(a), the declaration of the wild bird monitoring area may also be amended so that the size and shape of that area is varied, provided that the area remains of a size required under article 6(5) or (6).

(4) If the Chief Veterinary Officer advises the Secretary of State that in her opinion the avian influenza virus of subtype H5 present in the wild bird or carcase referred to in article 5(1)(a) is not of neuraminidase N1, the Secretary of State must revoke any declaration made under article 5 without delay.