Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised) - English
  • Latest available (Revised) - Welsh
  • Original (As made) - English
  • Original (As made) - Welsh

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 3Measures on suspicion of avian influenza

Disapplication of measures to regulated places

8.  Articles 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 or her possession or under his or her charge any bird or carcase which has, or which he or she suspects may have, avian influenza must—

(a)immediately notify the Divisional Veterinary Manager; and

(b)take all reasonable steps to ensure that the restrictions and requirements set out in Schedule 1 are complied with.

(2) A person who examines or inspects any bird or carcase or who analyses any sample taken from any bird or carcase and who suspects the presence of avian influenza in the bird, carcase or sample must immediately inform the Divisional Veterinary Manager.

Notice of restrictions where avian influenza is suspected on premises

10.—(1) If an inspector suspects that avian influenza or avian influenza virus exists on any premises or has existed there within 56 days (whether or not notification has been made under article 9), he or she must serve a notice on the occupier of the premises requiring him or her to comply with such of the restrictions and requirements set out in Schedule 1 as are specified in the notice.

(2) An inspector must not withdraw the notice of restrictions unless instructed to do so by the Chief Veterinary Officer.

(3) An inspector must also notify the occupier of any additional measures which the National Assembly considers should apply to the premises in exercise of its powers under article 13(b).

Derogations from restrictions applicable at suspect premises

11.—(1) A veterinary inspector or an inspector acting under his or her authority may, in a notice served under article 10 or by licence, grant derogations from paragraphs 2 to 4 of Schedule 1.

(2) The National Assembly must not grant such a derogation unless it has considered—

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

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

(c)the destination of any birds or things which would be moved were the derogation to be granted.

(3) A veterinary inspector (or an inspector acting under the authority of a veterinary inspector) may, in a notice served under article 10 or by licence, also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1, but must not do so unless—

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

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

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

Veterinary inquiries and sampling

12.—(1) The National Assembly must, if it suspects that poultry or other captive birds on or moved from premises the subject of a notice under article 10 may be infected with avian influenza, ensure that a veterinary inquiry is started at those premises as soon as reasonably practicable to ascertain whether the disease exists or has existed there.

(2) The National Assembly must, if it authorises a veterinary inspector or another veterinary surgeon to take samples from poultry or other captive birds on other premises or other than for the purposes of such a veterinary inquiry, direct (by notice to the occupier of the premises) whether any of the requirements set out in Schedule 1 apply to the premises where the samples are taken.

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

13.  The National Assembly must, if it considers it 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, take one or more of the following measures—

(a)declare a temporary movement restriction zone in such part or parts of Wales as it considers necessary;

(b)serve a notice on the owner or occupier of suspect premises in Wales requiring him or her to comply with some or all of the measures set out in Schedule 2 (as well as those set out in Schedule 1);

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

Restrictions where avian influenza is suspected in transit

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) The National Assembly must, in a declaration of a temporary movement restriction zone (and in relation to such part or parts of the zone as it thinks fit), ban or restrict the movement of such of the following as it 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)mammals.

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

(3) If the National Assembly imposes restrictions on the movement of mammals beyond 72 hours from when they were originally declared, it must review its decision to impose such restrictions a maximum of 72 hours after each renewal.

Additional restrictions at suspect premises

16.  In a notice served under article 13(b), the National Assembly must specify—

(a)which of the measures set out in Schedule 2 apply; and

(b)whether restrictions apply—

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

(ii)only to poultry or other captive birds suspected of being infected;

(iii)only to part of the premises.

Declaration of a temporary control zone around the suspect premises

17.  The National Assembly must in a declaration of a temporary control zone (in relation to premises in such part or parts of the zone as it thinks fit), impose such measures as it considers necessary to reduce the risk of the spread of avian influenza.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources