The Avian Influenza (Vaccination) (England) Regulations 2006

Made: 11th October 2006

Laid before Parliament: 17th October 2006

Coming into force: 14th November 2006

Exercising the powers conferred upon him by that section, he makes the following Regulations:

Title, application and commencement

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• (1) These Regulations may be cited as the Avian Influenza (Vaccination) (England) Regulations 2006.

• (2) These Regulations apply in England and come into force on 14th November 2006.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Animal Health Act 1981[^f00003];

• “avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

• “the Directive” means Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC[^f00004];

• “emergency vaccination notice” has the meaning given by regulation 6(1)(b);

• “emergency vaccination plan” has the same meaning as it has in Article 53 of the Directive , reading that Article as if—in paragraph 1—for “A Member State” there were substituted “ The Secretary of State ”;for “the Member State” there were substituted “ England ”;the words “concerned” to the end were omitted;in paragraph 2, in the first subparagraph—for “a Member State” there were substituted “ the Secretary of State ”;for the words from “it shall submit” to the end there were substituted “ the Secretary of State must produce an emergency vaccination plan ”;paragraph 3 were omitted.;

• “emergency vaccination zone” has the meaning given by regulation 6(1)(a);

• “inspector” means an inspector appointed by the Secretary of State or a local authority for the purposes of these Regulations or under the Act,and, unless the context otherwise requires, includes a veterinary inspector;

• “local authority” means—in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994[^f00005], a unitary authority for that local government area, that authority;where there is not a unitary authority—in a metropolitan district, the council of that district;in a non-metropolitan county, the council of that county;in each London borough, the council of that borough;in the city of London, the Common Council;

• “occupier” means, in relation to any premises, the person in charge of those premises;

• “other captive bird” means a bird kept in captivity that is not poultry and includes a pet bird and a bird kept for shows, races, exhibitions, competitions, breeding or for sale;

• “poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

• “premises” includes any land, building or place;

• “preventive vaccination notice” has the meaning given by regulation 7(1)(b)(ii);

• “preventive vaccination plan” has the same meaning as it has in Article 56 of the Directive , reading that Article as if—in paragraph 1, the reference to Member States were a reference to the Secretary of State;in paragraph 2, in the first subparagraph—for “a Member State” there were substituted “ the Secretary of State ”;or the words from “it shall submit” to the end there were substituted “ the Secretary of State must produce a preventive vaccination plan ”;paragraph 3 were omitted.;

• “preventive vaccination zone” has the meaning given by regulation 7(1)(b)(i);

• “slaughterhouse” means an establishment used for slaughtering poultry, the meat of which is intended for human consumption;

• “vaccination licence” has the meaning given by regulation 7(1)(a);

• “vaccination notice” means either an emergency vaccination notice or a preventive vaccination notice;

• “vaccination plan” means either an emergency vaccination plan or a preventive vaccination plan;

• “vaccination zone” means either an emergency vaccination zone or a preventive vaccination zone;

• “veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations or under the Act.

• (2) Other expressions used in these Regulations that are defined in the Directive have the same meaning as they have in the Directive.

Scope of the Regulations

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These Regulations do not apply to birds kept in a zoo within the meaning of the Avian Influenza (Preventive Measures) (England) Regulations 2006[^f00006].

Declarations, notices and licences

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• (1) A declaration of a vaccination zone under these Regulations—

• (a) must be in writing;

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

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

• (d) must list or refer to the measures that apply in the zone and, if they apply only in part of the zone, specify to which part they apply; and

• (e) must state which categories of birds the measures apply to.

• (2) Notices issued under these Regulations must be in writing and may be amended or revoked, by further notice, at any time.

• (3) Vaccination notices issued under these Regulations—

• (a) must list or refer to the measures that apply on the premises and, if they apply only on part of the premises, specify to which part they apply; and

• (b) must state which categories of birds the measures apply to.

• (4) Licences granted under these Regulations—

• (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 reduce the risk of the spread of avian influenza; and

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

and in the case of vaccination licences, must also specify the matters set out at paragraph (3)(a) and (b`).

• (5) The Secretary of State must ensure that the extent of any vaccination zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

• (6) Movement licences granted in Scotland or Wales for activities that could be licensed in England under these Regulations have effect in England as if they were movement licences granted under these Regulations, 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, directing him to move it to and keep it on premises specified in the notice or move it out of England.

• (7) A person moving any thing under the authority of a specific movement licence granted under these Regulations 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 other officer of the Secretary of State, produce the licence or copy and allow a copy or extract to be taken; and

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

• (8) A person moving any thing under the authority of a general movement licence granted under these Regulations 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.

Prohibition on vaccination

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• (1) No person shall vaccinate any bird against avian influenza except where required or licensed by the Secretary of State.

• (2) This prohibition does not apply to—

• (a) anything done under the authority of a licence granted under article 4 of the Specified Animal Pathogens Order 1998[^f00007]; or

• (b) administration of a vaccine for research purposes in accordance with an animal test certificate granted under regulation 3(2)(b) of the Veterinary Medicines Regulations 2013.

Emergency vaccination

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• (1) Where the condition in paragraph (2) is fulfilled, the Secretary of State must, if he considers it necessary to reduce the risk of the spread of avian influenza—

• (a) declare a zone in all or part of England where there are poultry or other captive birds that he considers should be vaccinated, within which emergency vaccination against avian influenza is required to be carried out (an “emergency vaccination zone”); or

• (b) serve a notice on the occupier of any premises where there are poultry or other captive birds that he considers should be vaccinated, on which emergency vaccination against avian influenza is required to be carried out (an “emergency vaccination notice”).

• (2) The condition is that the Secretary of State has carried out a risk assessment which indicates that there is a significant and immediate threat of avian influenza spreading within or into England following—

• (a) an outbreak of avian influenza within the United Kingdom;

• (b) an outbreak of avian influenza within a nearby Member State; or

• (c) confirmation of the presence of avian influenza in poultry or other captive birds in a nearby third country.

• (3) Where an emergency vaccination zone is declared, or an emergency vaccination notice is served in accordance with an emergency vaccination plan, the declaration or service of the notice must be in accordance with the provisions of that plan.

• (4) Any premises that are partly inside and partly outside an emergency vaccination zone are deemed to be wholly within it.

Preventive vaccination

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• (1) Where the conditions in paragraph (2) are fulfilled, the Secretary of State—

• (a) may, in accordance with the preventive vaccination plan referred to in paragraph (2)(b), grant a licence to the occupier of any premises to vaccinate poultry, other captive birds or any category of poultry or other captive birds on those premises (a “vaccination licence”);

• (b) must, in accordance with the preventive vaccination plan referred to in paragraph (2)(b) and if he considers it necessary to reduce the risk of the spread of avian influenza—

• (i) declare a zone in all or part of England where there are poultry or other captive birds that he considers should be vaccinated, within which preventive vaccination against avian influenza is required to be carried out (a “preventive vaccination zone”); or

• (ii) serve a notice on the occupier of any premises where there are poultry or other captive birds that he considers should be vaccinated, on which preventive vaccination against avian influenza is required to be carried out (a “preventive vaccination notice”).

• (2) The conditions are—

• (a) a risk assessment has been carried out by the Secretary of State that indicates that any poultry or other captive birds in any part of England are exposed to a risk of avian influenza;

• (b) a preventive vaccination plan is in place.

• (3) Any premises that are partly inside and partly outside a preventive vaccination zone are deemed to be wholly within it.

Power to require vaccination

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• (1) The Secretary of State may, in a declaration of a vaccination zone or vaccination notice, require vaccination of poultry or other captive birds in that zone or on premises that are the subject of that notice.

• (2) The following provisions of the Act apply as if such vaccination was carried out in exercise of the power in section 16(1) of the Act—

• (a) section 16(2) to 16(17)[^f00009] (treatment after exposure to infection);

• (b) section 16A[^f00010] (slaughter of vaccinated animals); and

• (c) section 62A[^f00011] (slaughter: power of entry).

Measures applying in a vaccination zone or to premises that are the subject of a vaccination notice or vaccination licence

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• (1) The Secretary of State must, in a declaration of a vaccination zone, a vaccination notice, or a vaccination licence, specify who is to carry out the vaccination.

• (2) In a declaration of a vaccination zone, a vaccination notice or a vaccination licence, the Secretary of State may, in accordance with any relevant approved vaccination plan, impose any measures within the vaccination zone, or premises which are the subject of a vaccination notice or a vaccination licence, necessary to—

• (a) control the type and quantity of vaccine to be used;

• (b) control the supply and storage of the vaccine and the disposal of any unused vaccine;

• (c) control the administration of the vaccine;

• (d) ensure the keeping of records;

• (e) ensure that the necessary samples from birds are taken;

• (f) ensure that vaccinated birds are identified;

• (g) ensure that notification is given to the Secretary of State when vaccination has been completed;

• (h) control the movement of any poultry, other captive birds or their products from one premises within a zone to another within a zone, into or out of the zone or into or out of premises that are the subject of the notice or licence;

• (i) control the release of poultry or other captive birds into the wild;

• (j) ensure adequate biosecurity when any poultry, other captive bird or their products are transported;

• (k) ensure surveillance of poultry or other captive birds within the zone or the premises that are the subject of the notice or licence,

and may impose such other restrictions and conditions as he considers necessary to reduce the risk of the spread of avian influenza.

• (3) In paragraph (2), “products” of poultry or other captive birds means any carcase, egg or any other thing originating or made (whether in whole or in part) from poultry or other captive birds or from the carcases of such birds.

• (4) Paragraphs (1) to (3) apply notwithstanding any other requirement or restriction applying in any part of a zone or premises because that part of the zone or premises falls within another zone declared by the Secretary of State, or is the subject of another notice served by the Secretary of State or an inspector, for the purposes of reducing the risk of the spread of avian influenza or for any other purpose.

• (5) Any person moving poultry or other captive birds under this regulation or regulation 10 must keep a record of the date of the movement and the registration of any vehicle used.

• (6) Slaughterhouses, packing centres and hatcheries that are designated under the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006[^f00012] are deemed to be designated for the purpose of receiving poultry or eggs (as the case may be) that are moved under a licence granted under these Regulations.

Emergency vaccination without an approved plan

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• (1) This regulation applies when the Secretary of State declares an emergency vaccination zone or serves an emergency vaccination notice before an emergency vaccination plan has been published by the Secretary of State.

• (2) No person may move any poultry, any other captive bird, their carcases or any egg from poultry or other captive birds—

• (a) from premises within the zone to other premises within the zone;

• (b) into or out of the zone; or

• (c) into or out of premises that are the subject of a notice.

• (3) Paragraph (2) does not apply to—

• (a) any of the permitted movements listed in the Schedule if that movement is licensed by a veterinary inspector or an inspector acting under his direction;

• (b) the retail distribution of poultry eggs, other hatching eggs, and movements subsequent to such distribution; or

• (c) the movement of carcases or eggs for disposal.

• (4) The occupier of premises to which day-old chicks, live poultry (except those going for slaughter) or other captive birds are moved under any of paragraphs 5 to 10 of the Schedule, must ensure that those day-old chicks, poultry or other captive birds are placed in a part of premises where there is no other poultry.

• (5) The occupier of premises to which live poultry (except those going for slaughter) or other captive birds are moved under paragraph 10 of the Schedule, must ensure that those poultry or other captive birds are vaccinated without delay if vaccination is required at those premises by a declaration or emergency vaccination notice under regulation 6(1).

• (6) The occupier of a slaughterhouse to which poultry for slaughter are moved under paragraph 11, 12 or 13 of the Schedule, must ensure that those poultry are slaughtered without delay.

• (7) Paragraphs (4), (5) and (6) apply in respect of the same movements—

• (a) from a zone equivalent to an emergency vaccination zone declared in Scotland, Wales or Northern Ireland; or

• (b) from premises which are the subject of a notice equivalent to a vaccination notice in Scotland, Wales or Northern Ireland,

where that zone has been declared, or that notice has been served, before an emergency vaccination plan has been published by the Secretary of State.

• (8) Paragraph (7) only applies if the occupier to whose premises the thing is moved is aware, or should reasonably have been aware, that it has been moved from such a zone or from premises under such a notice.

Failure to vaccinate animals specified for vaccination

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Any person who knows or suspects that a bird has not been vaccinated as required by the Secretary of State must immediately notify the Secretary of State.