4. In article 5 (confirmation or suspicion of H5N1 in wild birds)—
(a)in paragraph (1)(b)—
(i)in paragraph (i), omit “or”;
(ii)at the end of paragraph (ii), insert “; or”;
(iii)after paragraph (ii), insert—
“(iii)she suspects an avian influenza of public health concern found in wild birds may be present.”;
(b)for paragraph (2) substitute—
“(2) Where this article applies, the Secretary of State, after considering a risk assessment which takes into account the factors in paragraph (2A) may declare—
(a)a wild bird monitoring area or a wild bird monitoring area, or
(b)a wild bird control area and a wild bird area.”;
(c)after paragraph (2) insert—
“(2A) The risk assessment referred to in paragraph (2) must, amongst other considerations, take into account—
(a)the geographical features of the proposed area;
(b)any administrative boundaries;
(c)any limnological, ecological and epizootic factors;
(d)any monitoring facilities.”;”.
(d)omit paragraphs (3), (4) and (5);
(e)in paragraph (6) omit “, (3)(a) or (3)(b)”;
(f)in paragraph (7) omit “, (3)(a) or (3)(b)”.