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The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006

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Declarations, licences, notices and designations under this Order

4.—(1) Declarations under this Order—

(a)must be in writing;

(b)may be amended or revoked, by further declaration in writing, at any time;

(c)must designate the extent of any controlled zone being declared;

(d)must list or refer to the measures which apply in such a zone and state whether they apply in all or part of the zone;

(e)must state to which categories of bird or mammal measures apply; and

(f)must, where they designate a controlled zone, be ended by further declaration.

(2) Licences under this Order—

(a)must be in writing;

(b)may be general or specific;

(c)may, in addition to any conditions required by this Order, be made subject to such conditions as the National Assembly considers necessary to control avian influenza; and

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

(3) Notices under this Order—

(a)may be amended or revoked, by further notice, at any time;

(b)must specify whether they apply to all or part of premises;

(c)must, if they apply to part of premises, specify to which part they apply.

(4) Designations under this Order—

(a)must be in writing;

(b)may be made subject to such conditions as the National Assembly considers necessary to control avian influenza;

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

(5) The National Assembly must take such steps as it considers fit to ensure that declarations, licences, notices and designations are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

(6) The National Assembly must, in particular, ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

(7) Except as otherwise directed by the National Assembly in a declaration of a controlled zone or by notice to the licence holder—

(a)licences granted in Scotland, England or Northern Ireland for activities which could be licensed in Wales under this Order have effect in Wales as if they were licences granted under this Order; and

(b)premises in Scotland, England and Northern Ireland designated respectively by the Scottish Ministers, the Department for the Environment, Food and Rural Affairs or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the National Assembly for the purposes of this Order.

(8) 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 or her at all times during the licensed movement;

(b)on demand by an inspector, a veterinary inspector or by another officer of the National Assembly, produce the licence and allow a copy or extract to be taken; and

(c)on such demand, furnish his or her name and address.

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

(a)carry with him or her, at all times during the licensed movement, a consignment note which contains details of—

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

(ii)the date of the movement;

(iii)the name and address of the originating premises;

(iv)the name and address of the destination;

(b)on demand by an inspector, a veterinary inspector or by another officer of the National Assembly, produce the consignment note and allow a copy or extract to be taken; and

(c)on such demand, furnish his or her name and address.

(10) Unless the National Assembly declares otherwise in a declaration of a controlled zone or by notice to the occupier of any premises or to the owner or occupier of any vehicle, any movement which has already started when such a declaration comes into force may be completed.

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