The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006

PART 6 E+W Measures on confirmation of low pathogenic avian influenza

Measures when low pathogenic avian influenza is confirmed E+W

46.—(1) If the Chief Veterinary Officer confirms that low pathogenic avian influenza or low pathogenic avian influenza virus exists on any premises other than regulated places, the National Assembly must—

(a) apply, by notice to the occupier of the infected premises, such of the measures in Part 1 of Schedule 6 as it considers necessary to reduce the risk of the spread of avian influenza; and

(b) ensure that a veterinary inquiry continues at the infected premises.

(2) If the Chief Veterinary Officer confirms that low pathogenic avian influenza or low pathogenic avian influenza virus exists at a regulated place, the National Assembly may apply, by notice to the occupier of that place, such of the measures in Part 1 of Schedule 6 as it considers necessary to reduce the risk of the spread of avian influenza.

(3) A veterinary inspector must not license any movement otherwise prohibited under Part 1 of Schedule 6 unless he or she is satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.

(4) When reaching a decision under paragraph (3), a veterinary inspector must, in particular, take into account the criteria in Part 2 of Schedule 6.

(5) An inspector who knows or suspects that any poultry, other captive bird or any thing on any vehicle is infected or contaminated with low pathogenic avian influenza may, by notice to the owner or driver of the vehicle or to the occupier of any premises—

(a) require the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated; and

(b) direct that the vehicle be moved to such premises as the inspector directs.

(6) Any expenses arising from the movement or detention of any bird or any thing, including the cost of feeding and watering any bird, must be paid by its owner.

Killing of poultry and other captive birds E+W

47.— [F1 (1) The Welsh Ministers must ensure that all poultry and other captive birds of the species in which low pathogenic avian influenza has been confirmed on the holding are killed or slaughtered under official supervision in such a way as to prevent the spread of avian influenza.]

(2) The occupier of a [F2 designated] slaughterhouse must ensure that poultry from infected premises are slaughtered as soon as possible.

(3) The National Assembly must not authorise the movement of birds to a [F3 designated] slaughterhouse unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

[F4 (4) The Welsh Ministers may require other captive birds on the premises to be killed or slaughtered on the basis of an assessment of the risk that they pose as regards the spread of avian influenza to birds on other premises that are determined on the basis of epidemiological inquiry to be contact premises.]

Textual Amendments

F1 Art. 47(1) substituted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 12(a)

F2 Word in art. 47(2) inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 12(b)

F3 Word in art. 47(3) inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 12(c)

F4 Art. 47(4) substituted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 12(d)

Movement of eggs from premises where low pathogenic avian influenza is confirmed E+W

48.—(1) If the National Assembly directs that poultry on infected premises are to be slaughtered at a slaughterhouse, it must not license the movement of eggs off the premises prior to the poultry being sent for slaughter unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

(2) The National Assembly may only license the movement of such eggs—

(a) to a designated egg packing centre, in disposable packaging [F5 or packaging which has been cleansed and disinfected in accordance with the instructions of a veterinary inspector];

(b) to an egg processing plant; or

(c) for disposal.

Textual Amendments

F5 Words in art. 48(2)(a) inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 13

Veterinary surveillance of poultry E+W

49.  The National Assembly must carry out such veterinary surveillance as it considers necessary at premises where poultry are kept before being sent to a slaughterhouse under article 47.

Measures on special category premises E+W

50.—(1) The occupier of infected premises which are special category premises where poultry and other captive birds are not killed under paragraph 5 of Schedule 3 to the Act must ensure that—

(a) poultry and other captive birds are—

(i) housed; or

(ii) isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree);

(b) no poultry or other captive bird is moved from the premises except—

(i) to a designated slaughterhouse or other premises in accordance with a licence granted by a veterinary inspector; or

(ii) to a slaughterhouse in [F6 a] member State or to other premises in [F6 a] member State, if the movement is licensed by a veterinary inspector and is authorised by the competent authority of that member State.

(2) The occupier of the premises must take all reasonable steps to minimise contact between birds isolated under paragraph (1)(a)(ii) and wild birds.

(3) A veterinary inspector must not grant a licence under paragraph (1)(b) unless he or she is satisfied, following tests on the birds, that there is not a significant risk that the proposed movement would spread highly pathogenic avian influenza.

Textual Amendments

F6 Word in art. 50(1)(b)(ii) substituted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Veterinary surveillance of birds E+W

51.  The National Assembly must ensure that birds on infected premises which are special category premises not killed under paragraph 5 of Schedule 3 of the Act are monitored for avian influenza.

Tracing of poultry and eggs E+W

52.—(1) The National Assembly must endeavour to trace the following from infected premises—

(a) hatching eggs from poultry laid during the unregulated period of infection; and

(b) poultry hatched from eggs laid during that period.

(2) The National Assembly must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza are carried out at premises to which eggs and poultry are so traced.

Identification of contact premises E+W

53.—(1) The National Assembly must serve a notice on the occupier of any premises other than regulated places if it suspects that low pathogenic avian influenza—

(a) may have been carried there from other premises; or

(b) may have been carried to other premises from there.

(2) Premises in respect of which a notice is served under this article are contact premises for the purposes of this Part.

Restrictions at contact premises E+W

54.—(1) The National Assembly must, by notice to the occupier of contact premises, apply such of the measures in Schedule 1 as it considers necessary to reduce the risk of the spread of avian influenza.

(2) If it considers it necessary to prevent the spread of low pathogenic avian influenza, the National Assembly must—

(a) direct that contact premises be deemed to be infected premises; and

(b) state, in its direction, which measures in this Part and in Schedule 6 apply to the contact premises.

(3) A direction under paragraph (2) must be by notice to the occupier of the contact premises and the National Assembly must not serve such a notice unless it has taken into account the criteria set out in paragraph (4) of article 27, as read with paragraphs (5) and (6) of article 27.

(4) If the National Assembly requires poultry or other captive birds on contact premises to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Declaration of a low pathogenic avian influenza restricted zone E+W

55.—(1) On confirmation by the Chief Veterinary Officer of low pathogenic avian influenza on premises other than regulated places in Wales, the National Assembly must (subject to paragraph (4)), declare a low pathogenic avian influenza restricted zone.

(2) On confirmation by the Chief Veterinary Officer of low pathogenic avian influenza in an area of England which is 1 kilometre or less from Wales, the National Assembly must declare a low pathogenic avian influenza restricted zone in Wales.

(3) The National Assembly may declare a low pathogenic avian influenza restricted zone on confirmation by the Chief Veterinary Officer of low pathogenic avian influenza in an area of Scotland or England which is more than 1 kilometre from Wales.

(4) The National Assembly may, on the basis of a risk assessment, decide not to declare a low pathogenic avian influenza restricted zone if the premises where low pathogenic is confirmed are—

(a) a hatchery; or

(b) special category premises.

Size of zones E+W

56.—(1) A low pathogenic avian influenza restricted zone must—

(a) be centred on the outbreak point; and

(b) subject to article 29(8), have a radius of at least 1 kilometre.

(2) “Outbreak point” has the meaning it has in article 29.

Measures in low pathogenic avian influenza restricted zones E+W

57.—(1) The measures in Schedule 7 apply in respect of a low pathogenic avian influenza restricted zone, subject to paragraphs (2) and (3).

(2) The National Assembly may, in a declaration under article 55, disapply some or all of the measures in Schedule 7 if—

(a) the infected premises are a hatchery or special category premises; and

(b) it has carried out a risk assessment and does not believe that the disapplication would endanger disease control.

(3) The National Assembly may, if it considers it necessary to reduce the risk of the spread of avian influenza, impose, by declaration, measures additional to those in Schedule 7 in respect of the low pathogenic avian influenza restricted zone.

(4) The National Assembly must ensure that—

(a) commercial premises in the low pathogenic avian influenza restricted zone are identified as soon as possible;

(b) tests for avian influenza are carried out on commercial poultry premises within a radius of at least 1 kilometre of the boundary of the infected premises or, if it thinks it more appropriate, of the part of the infected premises where avian influenza was found.

[F7 Duration of low pathogenic avian influenza restricted zones E+W

57A.— (1) The measures in article 57 must be maintained for at least the minimum period and until the Welsh Ministers, on the basis of investigations and laboratory tests carried out in the restricted zone in accordance with the diagnostic manual and a risk assessment, have determined that the risk of the spread of low pathogenic avian influenza is negligible.

(2) In paragraph (1), “the minimum period” means—

(a) in a case where preliminary cleansing and disinfection at the infected premises has been carried out in accordance with one or more of the procedures in article 66, 21 days following completion of that preliminary cleansing and disinfection;

(b) in any other case, 42 days following the date on which the outbreak is confirmed.]

Textual Amendments

F7 Art. 57A inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 14