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

Licences E+W+S

4.—(1) No person shall grant a licence under this Order for the movement of any poultry, other captive bird, hatching egg, controlled meat or bird by-product unless he has taken account of the relevant risk assessment.

(2) In paragraph (1), “the relevant risk assessment” means the Secretary of State’s assessment of the risk that the particular movement or a movement of that type would spread avian influenza.

(3) Licences granted under this Order—

(a) must be in writing;

(b) may be general or specific;

(c) may be made subject to such conditions as the person granting the licence considers necessary to control the spread of avian influenza; and

(d) may be amended, suspended or revoked, in writing, at any time.

(4) Licences granted in Scotland or Wales for activities that could be licensed in England under this Order have effect in England as if they were licences granted under this Order, but an inspector acting under the direction of the Secretary of State may serve a notice on any person moving any thing under the authority of such a licence, requiring him to move it to and keep it on premises specified in the notice or move it out of England.

(5) A person moving anything under the authority of a specific licence granted under this Order must—

(a) keep the licence or a copy of it with him at all times during the licensed movement;

(b) on demand by a local authority inspector, veterinary inspector or another officer of the Secretary of State, produce the licence or copy and allow a copy or extract of it to be taken; and

(c) on such demand, provide his name and address.

(6) A person moving anything under the authority of a general licence granted under this Order must—

(a) keep with him, at all times during the licensed movement, a consignment note that contains details of—

(i) what is moved (including its quantity);

(ii) the date of the movement;

(iii) the name of the consignor;

(iv) the address of the premises from which the movement started;

(v) the name of the consignee; and

(vi) the address of the premises of destination;

(b) on demand by a local authority inspector, a veterinary inspector or other officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken; and

(c) on such demand, provide his name and address.

(7) Unless the Secretary of State directs otherwise in a declaration of a wild bird control area or a wild bird monitoring area or by notice to the occupier of any premises or to the owner or occupier of any vehicle, any movement that has already started when such a declaration comes into force may be completed.