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

Type Welsh-Statutory-Instrument

Publication 2006-11-07

Last updated 2025-12-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Additional measures at restocked commercial poultry premises

69

(1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, make the following daily records—

(a) the number or approximate number of poultry on the premises;

(b) the number of poultry falling ill on the premises;

(d) the amount of feed and, where possible, water being consumed by poultry on the premises;

(e) any egg production on the premises.

(2) The occupier of commercial poultry premises must ensure that records made under paragraph (1) are kept for at least 6 weeks from the date the last record was made.

Measures at other restocked premises

70

The National Assembly may, in relation to other restocked premises where poultry or other captive birds are kept—

(a) apply the measures in article 68; and

(b) by notice to the occupier of the premises, require him or her to carry out the measures in article 69.

Designation of premises to which things may be moved

71

(1) On receipt of an application in writing by the occupier of the premises, the National Assembly may designate the following premises for the following purposes—

(a) a slaughterhouse for the purpose of receiving poultry moved under a licence granted under this Order;

(b) a hatchery for the purpose of receiving eggs moved under a licence granted under this Order;

(d) any premises for the purpose of receiving eggs moved under a licence granted under this Order for use for scientific, diagnostic or pharmaceutical purposes.

(2) The National Assembly must not make a designation unless it is satisfied that the risk of the transmission of avian influenza from the premises is minimal.

(3) The following premises are deemed to be designated under paragraph (1)(d), unless the National Assembly directs otherwise by notice to the occupier of the premises—

(a) premises licensed to manufacture or assemble human vaccines under regulation 17 of the Human Medicines Regulations 2012;

(b) premises authorised to manufacture animal vaccines under regulation 5 of the Veterinary Medicines Regulations 2013;

(d) premises licensed under article 4 of the Specified Animals Pathogens (Wales) Order 2008.

Duty to provide reasonable assistance

72

(1) Any person required to give reasonable assistance or information to a person executing this Order must, unless he or she has reasonable cause, do so without delay.

(2) The occupier of any premises from or to which he wishes any thing to be moved under licence under this Order must allow an inspector or any person authorised by the National Assembly to enter those premises for the purposes of deciding whether or not such a licence should be granted or maintained.

Provision of information

73

No person is to provide information which he or she knows to be false or misleading to a person executing this Order.

Records of movements authorised by licence

74

(1) Any person moving poultry, other captive birds or their products under a licence granted under this Order must, as soon after the movement as is reasonably practicable, make a record of—

(a) what is moved, including its quantity;

(b) the date of the movement;

(d) the address of the premises from which the movement started;

(e) the registration number of any vehicle used;

(f) the name of the consignee; and

(g) the address of the destination;

(2) The person making such a record must retain it for at least six weeks from the date the movement was completed.

Retention and production of records

75

(1) Any person who is required by this Order to make or keep a record must—

(a) retain it for at least twelve months from the date the record is made (unless otherwise required under this Order); and

(b) produce it on demand to an inspector and provide him or her with copies, if required.

(2) An inspector may enter any premises for the purpose of inspecting any records required to be kept under this Order and may—

(a) copy such records (in whatever form they are held);

(b) require any computer records to be produced in a form which can be taken away; and

Duty to comply with declarations, licences and notices

76

(1) Any person to whom any requirement in a declaration, licence, notice or designation under this Order applies must—

(a) comply with the requirement (unless authorised otherwise by licence); and

(b) comply with any reasonable requests which an inspector may make to him or her to ensure that the requirement is met.

(2) Subject to articles 42(2), 46(5) and 77(4), the costs incurred by any person in taking any action required under this Order, or of refraining from taking action prohibited under it, must be met by that person unless the National Assembly directs otherwise in writing.

Change of occupation of premises under restriction

77

(1) This article applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of his or her right of occupation because of a movement restriction imposed by or under this Order and continues to apply for seven days after any such restriction has been removed.

(2) The person entitled to occupation of the premises following that termination must—

(a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and

(b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.

(3) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.

(4) The keeper of the poultry, other captive bird or mammal is liable to pay the reasonable costs incurred under this article by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Killing of birds and destruction of things which may be contaminated

78

(1) Before causing poultry or other birds to be killed under paragraph 5 of Schedule 3 to the Act, the National Assembly must give notice of its intention to do so to the occupier of the premises where the birds are kept or to their keeper.

(2) Before causing any mammal to be killed under section 32 of the Act, the National Assembly must give notice of its intention to do so to the occupier of the premises where the mammal is kept or to its keeper.

(3) Before causing the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 for the purposes of this Order, an inspector must give notice of his intention to do so—

(a) to the occupier of the premises where the thing is kept; or

(b) to the owner or keeper of the thing.

Duty of the local authority to erect signs

79

(1) The local authority must, if reasonably practicable, ensure that the boundaries of controlled zones other than avian influenza (restrictions on mammals) zones are indicated by signs erected in a conspicuous position on roads entering the zones on which poultry are likely to be moved.

(2) The local authority must, if reasonably practicable, ensure that the boundaries of avian influenza (restrictions on mammals) zones are indicated by signs erected in a conspicuous position on roads entering the zones on which mammals, or mammals specified in the declaration of the zones, are likely to be moved.

(3) The local authority must cause a notice of any restriction or prohibition on the movement of any person onto any premises in a protection zone declared under article 35(2)(c) (“a restriction notice”) to be displayed at—

(a) every entrance to the premises;

(b) at such places on any public or private right of way the subject of the declaration as it considers appropriate; and

PART 9 — Inspection, enforcement, offences, amendments and revocations

Disapplication of measures to those executing this Order

80

Measures in this Order prohibiting or restricting the movement of any person or the use of any thing do not apply to the following in their execution of the Order—

(a) the National Assembly;

(b) the local authority;

Veterinary investigations

81

(1) An inspector executing this Order may—

(a) mark, or cause to be marked, for identification purposes any bird, mammal, carcase or other thing;

(b) count birds and mammals;

(d) take with him or her such people and things as he or she considers necessary.

(2) Any person who enters premises under paragraph (1)(d) may return unaccompanied to take any further steps necessary to carry out the relevant functions.

(3) A person carrying out a veterinary investigation who suspects that avian influenza or influenza virus of avian origin exists or has existed on the premises must seek to establish—

(a) the length of time avian influenza virus has existed on the premises or on any vehicle,

(b) the possible origin of avian influenza virus on the premises,

(c) which premises may have been exposed to contamination by avian influenza virus from the same origin or from the premises under investigation, and

(d) the extent to which avian influenza virus may have been carried to or from the premises under investigation by the movement of birds, people, animals, vehicles, eggs, carcases, implements or any other thing.

(4) The occupier of the premises under investigation and any person appearing to the person carrying out the investigation to have charge of birds or mammals on the premises must provide such assistance as the person carrying out the investigation may reasonably require.

(5) No person is to deface, obliterate or remove any mark applied under paragraph (1)(a) except with the written authority of a veterinary inspector.

(6) Any person who carries out an investigation under this Order must keep a record of the dates he or she visits premises, of his or her findings at the premises and of any action he or she has required the occupier of the premises to take.

(7) Any person who imposes any requirements or restrictions under this Order must take account of the results of any relevant veterinary inquiries of which he or she should reasonably be aware.

(8) Any person who carries out an investigation under this Order must do so in accordance with the diagnostic manual.

General powers of inspectors

82

(1) An inspector executing this Order may require the detention and isolation of any vehicle, equipment or other thing, by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it.

(2) A veterinary inspector executing this Order, or an inspector acting under his or her direction, may—

(a) cleanse and disinfect any premises and any thing;

(b) require the cleansing and disinfection of any thing, by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it;

(d) require, by notice, the occupier of any premises or the keeper of any animal or bird—

(i) to keep or isolate the animal or bird in a specified place; and

(ii) to separate the animal or bird from any other animal or bird.

(3) For the purposes of section 65A of the Act, a controlled zone is a designated area until it ceases to be a controlled zone.

Powers of inspectors in case of default

83

(1) If any person fails to comply with a requirement of this Order or of a declaration, licence, notice or designation under it, an inspector may take the steps he or she considers necessary to ensure the requirement is met at the expense of that person .

(2) An inspector's powers under paragraph (1) include powers to—

(a) direct any person to take or refrain from specified action in respect of any place, animal, bird, vehicle, or other thing; and

(b) seize and detain any thing.

Offences by bodies corporate

84

(1) If an offence against the Act committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he were a director of the body.

(3) In this article, “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Enforcement

85

(1) The local authority must enforce this Order.

(1A) But in relation to designated slaughterhouses, this Order is enforced by the Food Standards Agency.

(2) The National Assembly may direct, in relation to cases of a particular description or to particular cases, that it will enforce this Order instead.

Amendment, revocation and savings

86

(1) In article 2 of the Diseases of Animals (Approved Disinfectants) Order 1978, the definition of “Diseases of Poultry Order” is substituted by—

“Diseases of Poultry Order” means the Diseases of Poultry (Wales) Order 2003 and the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006;

(2) The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006 is revoked but any notice, licence or designation under that Order having effect at the coming into force of this Order remains in force as if it were a notice, licence or designation under this Order.

SCHEDULE 1 — Measures where avian influenza or avian influenza virus is suspected on premises

Record of poultry, other captive birds and mammals

1

The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species, the number or approximate number —

(a) alive;

(b) which have died;

(d) he or she thinks are likely to be infected with avian influenza or influenza of avian origin;

(e) born or hatched.

Housing or isolation of poultry and other captive birds

2

(1) The occupier must ensure that poultry and other captive birds are—

(a) housed; or

(b) kept 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).

(2) The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on the movement of poultry and other captive birds to and from the premises

3

No person is to move any poultry or other captive birds to or from the premises unless licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza

4

No person may remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza virus unless he or she is licensed by a veterinary inspector , and observes appropriate biosecurity measures in order to minimise the risk of spread of disease.

Prohibition on the movement of people, animals and vehicles to and from the premises

5

(1) No person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

Restrictions on the movement of eggs

6

No person is to move any eggs from the premises except, under the authority of a licence granted by a veterinary inspector—

(a) directly to an egg processing plant; or

(b) for disposal.

Conditions for the movement of eggs

7

Any person moving eggs under paragraph 6(a) must ensure that—

(a) each consignment of eggs is sealed, by a veterinary inspector or in accordance with his or her instructions, before dispatch; and

(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.

Prohibition on tampering with sealed consignments of eggs

8

No person is to tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at its destination.

Disinfection at entrances and exits

9

The occupier must, in accordance with an inspector's instructions, provide and maintain means of cleansing and disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds .

SCHEDULE 2 — Measures on premises where highly pathogenic avian influenza is confirmed

Killing and seizure

1

The occupier must give all reasonable assistance to any person exercising a duty relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 .

Measures to minimise the risk of spread of avian influenza to wild birds

2

The occupier must take such action as a veterinary inspector reasonably requires to reduce the risk of the spread of avian influenza virus to wild birds.

Disposal of carcases and eggs

3

The occupier must ensure that all carcases and eggs not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).

Tracing

4

The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza virus to or from the premises.

Cleansing and disinfection

5

The occupier must cleanse and disinfect the infected premises in accordance with article 66 and Schedule 3.

Restocking

6

The occupier must not restock the premises except in accordance with article 67.

SCHEDULE 3 — Cleansing and disinfection of premises other than regulated places and of any thing (including any vehicle) on those premises

PART 1 — General procedures for cleansing, disinfection and treatment

1

(1) Any person carrying out cleansing, disinfection and treatment (including measures to control rodents and insects) must do so in accordance with this Part or (if different) with any instructions given by a veterinary inspector.

(2) Any person using a disinfectant or degreasing agent under this Order must ensure that they are used as effectively as possible and must, in particular, give consideration to the following in deciding which products to use and how to use them—

(a) the nature of the premises to be cleansed or disinfected;

(b) the type of vehicle or other thing to be cleansed or disinfected;

(c) any instructions from the manufacturer of the product (or of a veterinary inspector) as to pressure, minimum temperature and required contact time.

(3) A person cleansing and disinfecting under this Order must ensure that—

(a) bedding, litter and faecal matter are thoroughly soaked with disinfectant;

(b) equipment and installations which would otherwise impair effective cleansing and disinfecting are, where possible, removed or dismantled and either cleansed and disinfected or destroyed, if this is considered necessary by the person carrying out the cleansing and disinfecting or is required by a veterinary inspector;

(4) A person washing with liquids applied under pressure must avoid recontaminating areas or parts previously cleansed.

(5) A person who has cleansed and disinfected part of any premises must avoid recontaminating that part as he or she cleanses and disinfects other parts.

(6) A person carrying out a cleansing or disinfecting procedure must ensure that a written record of that procedure is made, showing the date and time the procedure took place.

(7) A person who makes such a record must keep it at the premises or (if he or she is a person in charge of a vehicle and the procedure involved cleansing or disinfecting that vehicle), with the vehicle.

PART 2 — Specific procedures for the cleansing and disinfecting of infected premises

Scope of this Part

2

This Part applies to the cleansing and disinfecting of infected premises except to the extent that its requirements are varied by a veterinary inspector.

Cleansing and disinfection — timing

3

Cleansing and disinfection must be carried out during and after the killing of poultry , other captive birds or kept mammals and in accordance with a veterinary inspector's instructions.

Cleansing and disinfection precautions

4

A person carrying out a cleansing or disinfection procedure must take all appropriate measures to reduce the risk of avian influenza virus spreading and must, in particular—

(a) use appropriate equipment;

(b) wear protective clothing (which must be cleansed and disinfected or disposed of after use);

(d) cleanse and disinfect any equipment which may be contaminated before it is removed from the premises;

(e) turn off the power supply to any ventilation system, if required to do so by a veterinary inspector.

Preliminary cleansing and disinfection

5

Following killing—

(a) carcases must be sprayed with disinfectant;

(b) transportation of carcases and of any tissue or blood spilled during killing or post-mortem examination from the infected premises for disposal must be in closed, leak-proof containers and in accordance with a veterinary inspector's instructions;

(c) the following parts of the infected premises must have disinfectant applied as soon as the killed poultry and other captive birds have been removed—

(i) parts where the poultry or other captive birds were housed;

(ii) parts contaminated during the killing of the poultry or other captive birds;

(iii) parts contaminated during any post-mortem examination;

(iv) such other parts of the premises as a veterinary inspector directs on the grounds that they might have been contaminated with avian influenza virus;

(d) any tissue or blood spilled during the killing or any post-mortem must be collected and disposed of with the killed poultry or other captive birds;

(e) disinfectant must remain on the surfaces to which it has been applied for at least 24 hours.

(f) the following parts of the infected premises must have disinfectant applied to them as soon as the killed or slaughtered mammals have been removed—

(i) parts where the mammals were housed;

(ii) parts where the mammals were slaughtered or killed;

(iii) parts contaminated during any post-mortem examination of mammals;

(iv) such other parts of the premises as a veterinary inspector directs on the ground that they may have been contaminated with avian influenza virus.

Final cleansing and disinfecting

6

Following preliminary cleansing and disinfection—

(a) manure and used bedding must be treated in accordance with Part 3 of this Schedule; and

(b) all surfaces must be subjected to the following procedures—

(i) grease and dirt must be removed from them by the application of a degreasing agent;

(ii) they must then be cleansed with water;

(iii) they must be washed with cold water, following which further disinfectant must be applied;

(iv) after seven days, they must again be treated with a degreasing agent, rinsed with water, sprayed with disinfectant and rinsed again with water.

PART 3 — Disinfection of litter, manure and slurry which may be contaminated

7

Manure and used bedding which may be contaminated must be—

(a) steam treated at a temperature of at least 70°C;

(b) destroyed by burning;

(d) stacked to heat, sprayed with disinfectant and left for at least 42 days.

8

Slurry which may be contaminated must be stored for at least 60 days after the last addition of infectious material unless, in the case of slurry which has been treated in accordance with a veterinary inspector's instructions, a veterinary inspector authorises a shorter storage period.

9

Manure, litter and bedding which may be contaminated may, if licensed by a veterinary inspector, be moved to—

(a) a treatment plant carrying out procedures for the destruction of avian influenza virus;

(b) storage prior to destruction; or

10

The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with a veterinary inspector's instructions.

SCHEDULE 4 — Measures in a protection zone

Record of visitors

1

Subject to paragraph 5, the occupier of any premises in the zone where poultry or other captive birds are kept must make records of—

(a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);

(b) the date of the visit;

Record of poultry

2

The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.

Record of poultry and egg movements

3

Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must make a record as soon as reasonably practicable of all poultry and poultry eggs transported or marketed by him or her.

Poultry movements to be recorded

4

The records referred to in paragraphs 2 and 3 above must include—

(a) the quantity and description (including species of poultry or type of egg) transported or marketed;

(b) in the case of a movement from premises in the zone—

(i) the date of the movement off the premises;

(ii) the premises of destination (if known);

(iii) the name and address of the person to whom ownership or possession is being or has been transferred;

(i) the date of the movement;

(ii) the premises from which the movement originated (if known);

(iii) the name and address of the person from whom ownership or possession is being or has been transferred;

(d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred;

Scope of record keeping duties

5

Paragraphs 1 and 3 do not apply in respect of—

(a) a movement of eggs direct to retail premises, at or from such premises or subsequent to such a movement;

(b) the movement of people to zoos, wildlife parks or (unless required by the National Assembly) any other premises open to the public, provided the public has no access to any area where birds are kept;

(i) any person on a public right of way or exercising a right of access to the premises;

(ii) trespassers;

(iii) any person executing this Order.

Isolation of poultry and other captive birds

6

The occupier of premises in the zone where poultry or other captive birds are kept must ensure that they are—

(a) housed; or

(b) kept 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).

Measures where birds not housed

7

If birds are kept isolated but not housed, the occupier must—

(a) ensure that they have no contact with poultry or other captive birds on other premises; and

(b) take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

8

(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

Disposal of carcases

9

The occupier must ensure that all carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Biosecurity measures

10

The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry

11

No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry

12

No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Release of game

13

(1) No person is to release game birds.

(2) For the purpose of this paragraph, game birds include any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.

Restrictions on the movement of poultry, eggs, poultry meat , semen, blood samples and carcases

14

No person is to move any poultry or other captive birds, or any eggs, poultry meat, semen, blood samples or carcases from any poultry or any other captive birds into, within or out of the zone unless the movement is—

(a) set out in paragraph 16 and is—

(i) direct; and

(ii) licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector;

(b) of table eggs direct to wholesale or retail premises, or subsequent to such a movement; or

Transport by road and rail

15

Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.

Movements which may be licensed by a veterinary inspector or by an inspector under his or her direction

16

The movements referred to in paragraph 14(a) are movements of the following—

(a) poultry from premises in the zone for immediate slaughter at a designated slaughterhouse (if the requirements of paragraph 17 are met);

(b) poultry meat (if the requirements of paragraph 18 are met);

(c) poultry to a designated slaughterhouse in the zone from premises outside the zone (if the requirements of paragraph 19 are met);

(d) day-old chicks hatched from eggs produced in the zone or from eggs which came into contact with such eggs (if the requirements of paragraph 20 are met);

(e) day-old chicks hatched from eggs originating outside the protection zone kept separate from eggs produced in such a zone (if the requirements of paragraph 21 are met);

(f) ready-to-lay poultry or brood-and-move poultry to premises or part of premises where no poultry are kept (if the requirements of paragraph 22 are met);

(g) hatching eggs from outside the zone to a designated hatchery in the zone or to designated premises for use for scientific, diagnostic or pharmaceutical purposes;

(h) hatching eggs from the zone—

(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the requirements of paragraph 23 are met);

(i) eggs to a designated egg packing centre (if the requirements of paragraph 24 are met);

(j) eggs to an egg processing plant;

(k) eggs for disposal;

(l) carcases for disposal or diagnosis;

(m) poultry and other captive birds to a veterinary surgery for treatment, or return to the premises of origin following such a movement.

(n) semen to a breeding premises or to a designated premises for scientific, diagnostic or pharmaceutical purposes;

(o) blood to a laboratory or veterinary practice for scientific or diagnostic purposes.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse

17

Poultry must not be moved to a designated slaughterhouse unless the following requirements are met—

(a) a veterinary inspector must have inspected and where necessary examined the poultry at the premises no more than 24 hours before they leave the premises; ...

(b) the poultry are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions;

(c) where appropriate, laboratory tests have been carried out on poultry on the premises of origin in accordance with the diagnostic manual; and

(d) where the movement is within Great Britain, the appropriate minister responsible for the designated slaughterhouse has been informed and has agreed to receive the poultry.

Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zone

18

Poultry meat from poultry within the zone must not be moved from a designated slaughterhouse unless it meets the requirements of article 63(2).

Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zone

19

Poultry from premises outside the zone must not be moved to a designated slaughterhouse in the zone unless the poultry are kept separate from poultry originating within the zone

Requirements for the movement of day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs

20

(1) Day-old chicks hatched from eggs produced in the zone, or hatched from eggs which had contact with such eggs, must not be moved unless—

(a) they are transported in vehicles sealed by a veterinary inspector or in accordance with their instructions;

(b) appropriate biosecurity measures are applied during transport and are to be applied at the premises of destination;

(2) The occupier of premises to which day-old chicks are transported in accordance with sub-paragraph (1) must not move the day-old chicks from those premises for a period of 21 days following movement of the chicks onto the premises.

Requirements for the movement of day-old chicks hatched from eggs originating outside the zone

21

Day-old chicks from eggs originating outside the protection zone must not be moved unless the hatchery within the protection zone is operated in such a way that those eggs do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of ready-to-lay poultry or brood-and-move poultry

22

(1) Ready-to-lay poultry or brood-and-move poultry must not be moved from premises within the zone unless—

(a) poultry and other captive birds at the premises have been examined by a veterinary inspector; and

(b) the ready-to-lay poultry or brood-and-move poultry are transported in vehicles sealed by the veterinary inspector or in accordance with his instructions.

(2) The occupier of premises to which ready-to-lay poultry or brood-and-move poultry are moved must not move that poultry from that premises for a period of at least 21 days from the day on which that poultry was moved onto the premises.

Requirements for the movement of hatching eggs from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes

23

Hatching eggs must not be moved from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless—

(a) a veterinary inspector has confirmed that he or she does not suspect avian influenza in the flocks from which the eggs derive;

(b) the eggs and their packaging are disinfected before dispatch; and

Requirements for the movement of eggs to an egg packing centre

24

Eggs must not be moved to a designated egg packing centre unless—

(a) they are packed in disposable packaging or packaging which is cleansed and disinfected in accordance with the instructions of a veterinary inspector; and

(b) any person transporting the eggs complies with any biosecurity requirements laid down by a veterinary inspector, by notice or by licence condition.

Requirements at slaughterhouses

25

The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 63 are met.

Requirements for poultry meat from the zone

26

Poultry meat in the zone from poultry originating in the zone is subject to the requirements set out in article 63(3) and 63(4).

Requirements for poultry meat from outside the zone

27

Poultry meat in the zone from poultry originating outside the zone is subject to the requirements set out in article 63(3)(a).

Cleansing and disinfection of vehicles carrying any thing which may be contaminated

28

A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Cleansing and disinfection of vehicles

29

A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated without delay, in accordance with article 66.

Access to prohibited places

30

No person is to enter any place the subject of a restriction notice under article 79 except in accordance with that notice or with article 35.

SCHEDULE 5 — Measures in a surveillance zone

Record of visitors

1

Subject to paragraph 5, the occupier of any premises where poultry or other captive birds are kept must make records of—

(a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);

(b) the date of the visit;

Record of poultry

2

The occupier of any premises where poultry or other captive birds are kept in the zone must—

(a) make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement;

(b) immediately report to the Welsh Ministers any increased morbidity or mortality or significant drop in egg production or, where relevant, feed or water intake, or other relevant information relating to the production of eggs on the premises.

Record of poultry movements

3

Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must, as soon as is reasonably practicable, make a record of all poultry and poultry eggs transported or marketed by him.

Poultry movements to be recorded

4

The records referred to in paragraphs 2 and 3 above must include—

(a) the quantity and description (including species of poultry and type of egg) transported or marketed;

(b) in the case of a movement from premises in the zone—

(i) the date of the movement off the premises;

(ii) the premises of destination (if known);

(iii) the name and address of the person to whom ownership or possession is being or has been transferred;

(i) the date of the movement;

(ii) the premises from which the movement originated (if known);

(iii) the name and address of the person from whom ownership or possession is being or has been transferred;

(d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred.

Scope of record keeping duties

5

Paragraphs 1 and 3 do not apply in respect of the movement of—

(a) eggs direct to retail premises, at or from such premise or subsequent to such a movement;

(b) people to zoos, wildlife parks or (unless required by the National Assembly) any other premises open to the public, provided the public has no access to any area where birds are kept;

(i) any person on a public right of way or exercising any other right of access to the premises;

(ii) trespassers;

(iii) any person executing this Order.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

6

(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

Biosecurity measures

7

The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector by notice to him or her, imposes.

Litter, poultry manure and slurry

8

(1) No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) The movement of poultry manure, with appropriate biosecurity measures in place, may be authorised, by a veterinary inspector, from premises situated in a surveillance zone to a designated plant, for treatment or immediate storage for subsequent treatment, to mitigate against the risk of the spread of avian influenza virus.

Gatherings of poultry

9

No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Release of game

10

(1) No person is to release game birds.

(2) For the purpose of this paragraph, game birds include any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.

Restrictions on the movement of poultry and eggs within the zone

11

(1) Subject to paragraph 12, no person is to move any poultry or eggs into or within the zone (other than through the zone by road or rail without stopping), unless they comply with all relevant biosecurity measures laid down by a veterinary inspector in licence conditions.

(2) The occupier of premises to which poultry is moved, must not move that poultry from that premises for a period of at least 21 days from the day on which that poultry was moved onto the premises.

Wholesale and retail distribution of eggs within the zone

12

Paragraph 11 does not apply to the movement of eggs direct to wholesale or retail premises, or subsequent to such a movement.

Biosecurity measures

13

A veterinary inspector must not grant a licence under paragraph 11 unless he or she is satisfied that the licensee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.

Movement of poultry to a slaughterhouse

14

A veterinary inspector may license the movement of poultry from outside any avian influenza protection and surveillance zones to a slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.

Restrictions on the movement of poultry and eggs out of the zone

15

(1) Subject to paragraph 16, no person is to move any poultry or other captive birds, or any eggs, semen, blood samples or carcases from any poultry or any other captive birds out of the zone, unless the movement is—

(a) a movement set out in sub-paragraph (2); and

(b) licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) The movements referred to in sub-paragraph (1) are movements of—

(a) poultry for slaughter (if the requirements of paragraph 17 are met);

(b) day-old chicks hatched from eggs originating within the protection or surveillance zone or from eggs which came into contact with such eggs (if the requirements of paragraph 18 are met);

(c) day-old chicks hatched from eggs originating outside the protection and surveillance zones kept separate from eggs produced in such a zone (if the requirements of paragraph 19 are met);

(d) ready-to-lay poultry or brood-and-move poultry to premises or a part of any premises where no poultry are kept;

(e) hatching eggs from the zone—

(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the requirements of paragraph 20 are met);

(f) eggs to a designated egg packing centre (if the requirements of paragraph 21 are met);

(g) eggs to an egg processing plant;

(h) eggs for disposal;

(i) poultry to a veterinary surgery for treatment, or to the premises of origin on return following such a movement.

(j) semen to a breeding premises or to a designated premises for scientific, diagnostic or pharmaceutical purposes;

(k) blood samples to a laboratory or veterinary practice for scientific or diagnostic purposes.

Wholesale and retail distribution of table eggs

16

Paragraph 15 does not apply to a movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse

17

Poultry must not be moved from premises in the zone to a designated slaughterhouse outside the zone unless—

(a) the movement commences within 24 hours of the completion of a veterinary inspection of the poultry at the premises, and

(b) the appropriate minister responsible for the designated slaughterhouse has authorised the movement of that poultry.

Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs

18

Day-old chicks from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs must not be moved unless any biosecurity measures laid down by a veterinary inspector by notice or licence condition are complied with.

Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs

19

Day-old chicks from eggs originating outside any avian influenza protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes

20

Hatching eggs must not be moved from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless the eggs and their packaging are disinfected before they leave the premises.

Requirements for the movement of eggs to an egg packing centre

21

Eggs must not be moved to a designated egg packing centre unless—

(a) they are packed in disposable packaging or packaging which has been cleansed and disinfected in accordance with the instructions of a veterinary inspector; and

(b) any person transporting the eggs complies with any biosecurity measures laid down by a veterinary inspector.

Cleansing and disinfection of vehicles carrying any thing which may be contaminated

22

A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Cleansing and disinfection of vehicles

23

A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect without delay any part of the vehicle which may have been contaminated, in accordance with article 66.

SCHEDULE 6 — Measures when low pathogenic avian influenza is confirmed

PART 1 — Measures on premises where low pathogenic avian influenza is confirmed

Record of poultry, other captive birds and mammals

1

The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species the number or approximate number—

(a) alive;

(b) which have died;

(d) which he or she thinks are likely to be infected with avian influenza or influenza of avian origin;

(e) born or hatched.

Housing or isolation of poultry and other captive birds

2

(1) The occupier must ensure that poultry and other captive birds are—

(a) housed; or

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

(2) If the birds are kept isolated, the occupier must take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on movement of poultry and other captive birds to and from the premises

3

No person is to move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

Movement of poultry to a slaughterhouse

4

No person is to move any poultry or other captive bird to a slaughterhouse unless—

(a) the slaughterhouse is a designated slaughterhouse;

(b) the poultry are sent directly to the slaughterhouse; and

Duty not to tamper with or remove seal on vehicles transporting poultry

5

No person is to tamper with a seal on a vehicle transporting poultry to a slaughterhouse or remove it until the vehicle has arrived at the slaughterhouse.

Cleansing and disinfection of vehicles transporting any bird or thing which may be contaminated

6

A person who transports any bird or any thing which may be contaminated must, as soon as the bird or thing is unloaded, cleanse and disinfect the vehicle and any equipment used for transportation in accordance with article 66.

Prohibition on the movement of people, animals, vehicles and equipment to and from premises

7

(1) Subject to paragraph (2), no person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

Disposal of carcases

8

The occupier must ensure that carcases are disposed of as soon as possible in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Restrictions in relation to eggs

9

Subject to paragraph 10, the occupier must ensure that eggs on the premises which are to be disposed of and which are not seized by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions.

Hatching eggs on special category premises

10

A veterinary inspector may, by notice to the occupier of special category premises, direct that hatching eggs on those premise need not be disposed of.

Tracing

11

The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza virus from and to the premises.

Manure, slurry and bedding

12

The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance with article 66.

Cleansing and disinfection

13

The occupier must cleanse and disinfect the premises in accordance with article 66 and Schedule 3.

Other material which may be contaminated

14

The occupier of the premises must ensure that any other material or substance which may be contaminated is treated in accordance with a veterinary inspector's instructions or disposed of.

Killing and seizure

15

The occupier must give all reasonable assistance to any person exercising a function relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 .

Restrictions on the movement of eggs

16

No person is to move any eggs from the premises unless licensed by a veterinary inspector.

Disinfection at entrances and exits

17

The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds .

PART 2 — Criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed

18

The following are the criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed—

(a) the species of birds on the premises;

(b) the number of premises he knows to contain poultry or other captive birds in the area around the premises;

(d) biosecurity measures already in place or which could be applied at the premises, during movement and during slaughter;

(e) possible routes on which things could be moved;

(f) any evidence of disease spread;

(g) any risk to human health;

(h) any treatment procedures which could be applied to any thing to be moved.

SCHEDULE 7

Measures in a low pathogenic avian influenza restricted zone

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

1

(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

Biosecurity measures

2

The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry

3

Gatherings of poultry

4

No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.

Release of game

5

(1) No person is to release game birds.

(2) For the purpose of this paragraph, game birds include any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.

Restrictions on the movement of poultry, other captive birds and eggs within the zone

6

Subject to paragraph 8, no person is to move any poultry, other captive birds or eggs into or within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Restrictions on the movement of poultry and eggs out of the zone

7

(1) Subject to paragraph 8, no person is to move any poultry or eggs out of the zone, unless the movement is—

(a) set out in sub-paragraph (2); and

(b) licensed by a veterinary inspector.

(2) The movements referred to in paragraph (1) are movements of—

(a) poultry for slaughter at a designated slaughterhouse ;

(b) poultry to premises or part of premises where no poultry are kept ;

(d) day-old chicks from eggs originating outside the zone, if the hatchery is operated in such a way that such chicks and eggs are kept separate from day-old chicks and eggs originating in the zone;

(e) hatching eggs—

(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the eggs and their packaging are disinfected before dispatch);

(f) eggs to a designated egg packing centre in disposable packaging or packaging which has been cleansed and disinfected in accordance with the instructions of a veterinary inspector or an inspector under the direction of a veterinary inspector and in accordance with biosecurity requirements specified by a veterinary inspector or an inspector under the direction of a veterinary inspector;

(g) eggs to an egg processing plant inside or outside the zone;

(h) eggs for disposal.

Wholesale and retail distribution of eggs

8

Paragraphs 6 and 7 do not apply to the movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Carcases

9

The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).

Cleansing and disinfection of vehicles

10

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2006-11-07

Explanatory note

(This note is not part of the Order)

1This Order revokes and replaces the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006 (S.I. 2006/1762 (W. 184)) (“the original Order”). It continues to transpose Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EC (OJ No L10, 14.1.2006, p16), (“the Directive”), other than Chapter IX. Chapter IX of the Directive deals with vaccination and will be transposed by the Avian Influenza (Vaccination) (Wales) (No. 2) Regulations 2006. This Order also implements, in part—aCommission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (OJ No L 274, 20.10.2005, p. 105, as amended by Commission Decisions 2005/745/EC, 2005/855/EC and 2006/574/EC); andbCommission Decision 2006/474/EC concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the Member States and repealing Decision 2005/744/EC (OJ No L 187, 8.7.2006, p. 37).

2Measures relating to the poultry register, the vaccination of zoo birds and restrictions on bird gatherings to achieve implementation of these Decisions are contained in the Avian Influenza (Preventive Measures) (Wales) Regulations 2006.

3The effects of the main substantive changes to the original Order introduced by this Order are—ato require any person examining any mammal or carcase or analysing a sample taken from any mammal or carcase to inform the Divisional Veterinary Manager if he or she suspects influenza of avian origin or antibodies to the disease in the mammal or carcase;bto allow the National Assembly to apply some rather than all the measures applicable to suspect and infected premises to contact premises (articles 27(2) and 54(1));cto permit derogations from certain measures applicable to laboratories where low pathogenic avian influenza virus is kept (article 11(1));dto make clear that the duty on the occupier of premises where poultry or other captive birds are kept to keep records of visitors to those premises does not extend to trespassers and those on rights of way (paragraph 5(c) of Schedules 4 and 5);eto allow inspectors appointed by local authorities as well as veterinary inspectors appointed by the National Assembly to serve notices in certain circumstances.

4Part 1 of the Order contains introductory provisions. Article 3 extends the definitions of “poultry”, “animals” and “disease” in the Animal Health Act 1981 (c. 22). It also applies the slaughter power in section 32 of that Act to any infection in mammals caused by influenza virus of avian origin.

5Part 2 sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

6Part 3 of the Order and Schedule 1 set out measures to deal with any suspected outbreak of avian influenza at premises other than slaughterhouses and border inspection posts. Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part 4 and Schedule 2. These measures may, under article 13, also be applied to premises where disease is suspected. Part 4 also provides for the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.

7Measures when highly pathogenic avian influenza is confirmed at slaughterhouses, border inspection posts and in vehicles are set out in Part 5.

8Measures where low pathogenic avian influenza is confirmed at premises other than slaughterhouses and border inspection posts are set out in Part 6 and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.

9Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part 7.

10General measures applicable on suspicion or confirmation of avian influenza are set out in Part 8 and measures on inspection and enforcement are set out in Part 9. Article 86(2) provides for notices, licences and designations under the original Order to remain in force as if they were notices, licences or designations under this Order.

11Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

12A full regulatory appraisal of the effect that this Order will have on the costs of business has not been prepared.

Footnotes

[^f00001]: 1981 c. 22, as amended by the Animal Health Act 2002, c. 42, S.I. 1992/3293 and S.I. 2003/1734. Functions transferred to the National Assembly by the National Assembly (Transfer of Functions) Orders 1999 and 2004 (S.I. 1999/672 and S.I. 2004/3044 respectively).

[^f00002]: S.I. 2006/1536 (W. 153).

[^f00003]: OJ No L 226, 25.6.2004, p. 16.

[^f00004]: OJ No L 10, 14.1.2006, p. 10.

[^f00005]: S.I. 1998/463, to which there is an amendment not relevant to this Order.

[^f00006]: OJ No L 139, 30.4.2004, p. 55.

[^f00007]: S.I. 1978/32, amended by S.I. 2005/583 (W. 49); there are other amending instruments but these are not relevant to this Order.

[^f00008]: 1968 c. 67, as amended by S.I. 2004/1031 and S.I. 2005/2789.

[^f00009]: S.I. 2005/2745.

[^f00010]: 1986 c. 14.

[^f00011]: S.I. 1998/463; to which there is one amendment not relevant to this Order.

[^f00012]: S.I. 1993/1685.

[^f00013]: S.I. 2006/1762 (W. 184).

[^f00014]: 1998 c. 38.

[^f00015]: Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32, amended by S.I. 1999/919 and S.I. 2005/583; there are other amending instruments but these do not relate to avian influenza.).

[^f00016]: S.I. 1993/1685.

[^f00017]: S.I. 1993/1685.

[^f00018]: Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32,.amended by S.I. 1999/919 and S.I. 2005/583; there are other amending instruments but these do not relate to this Order).

Editorial notes

[^c17275621]: 1981 c. 22, as amended by the Animal Health Act 2002, c. 42, S.I. 1992/3293 and S.I. 2003/1734. Functions transferred to the National Assembly by the National Assembly (Transfer of Functions) Orders 1999 and 2004 (S.I. 1999/672 and S.I. 2004/3044 respectively).

[^c17275641]: OJ No L 226, 25.6.2004, p. 16.

[^c17275651]: OJ No L 10, 14.1.2006, p. 10.

[^c17275671]: OJ No L 139, 30.4.2004, p. 55.

[^c17275711]: 1986 c. 14.

[^c17275731]: S.I. 1993/1685.

[^c17275741]: S.I. 2006/1762 (W. 184).

[^c17275751]: 1998 c. 38.

[^c17275761]: Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32, amended by S.I. 1999/919 and S.I. 2005/583; there are other amending instruments but these do not relate to avian influenza.).

[^c17275771]: S.I. 1993/1685.

[^c17275781]: S.I. 1993/1685.

[^c17275791]: Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32,.amended by S.I. 1999/919 and S.I. 2005/583; there are other amending instruments but these do not relate to this Order).

[^key-cbec6e47d8b52fe24ccbbbbafab4e08b]: Art. 9(4) revoked (1.4.2010) by The Animal Health (Divisional Veterinary Managers) (Wales) Order 2010 (S.I. 2010/618), arts. 1, 8

[^key-787e9a390629b61c96296160b322c8f5]: Words in art. 9(1)-(3) substituted (1.4.2010) by The Animal Health (Divisional Veterinary Managers) (Wales) Order 2010 (S.I. 2010/618), arts. 1, 2(1), Sch. 1

[^key-e0b053084547accced8aac5955e45bfe]: Words in art. 71(3)(c) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 39 (with Sch. 3)

[^key-0c779d62becc836739783692dedd31f1]: Words in art. 3(4) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(3)(a)

[^key-dc8dda3bb567e6c87a5084654e17d91b]: Words in art. 3(5) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(3)(b)

[^key-2a4063bdfbd3e9bbfb397eeea6b1b85e]: Words in art. 4(7) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(4)

[^key-5479fa650766d441e92ce27be61ca406]: Words in art. 66(5)(a) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(5)

[^key-e61213b13b925960a8df650ee56e9056]: Words in art. 71(3)(a) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(6)(a)

[^key-f3183c1ce978ab2cf0d4af69d88da339]: Words in art. 71(3)(b) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(6)(b)

[^key-f22f13b3209f121a8d4431396182072c]: Words in art. 71(3)(d) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 29(6)(c)

[^key-85d60b54f7a50176e62b2ee3a957e2db]: Words in art. 2(2) inserted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 6

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