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The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006

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Confirmation or suspicion of H5N1 in wild birdsE+W+S

5.—(1) This article applies if the Chief Veterinary Officer advises the Secretary of State that—

(a)the avian influenza virus of the H5 subtype is present in a wild bird or the carcase of a wild bird in Great Britain; and

(b)either—

(i)she suspects that the neuraminidase may be N1; F1...

(ii)the neuraminidase has been confirmed as N1 [F2; or]

[F3(iii)she suspects an avian influenza of public health concern found in wild birds may be present.]

[F4(2) Where this article applies, the Secretary of State, after considering a risk assessment, may declare—

(a)a wild bird control area or a wild bird monitoring area; or

(b)a wild bird control area and a wild bird monitoring area.]

[F5(2A) The risk assessment referred to in paragraph (2) must, amongst other considerations, take into account—

(a)the geographical features of the proposed area;

(b)any administrative boundaries;

(c)any limnological, ecological and epizootic factors;

(d)any monitoring facilities.”;]

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An area remains a wild bird control area until—

(a)the Secretary of State amends the declaration made under paragraph (2)(a)F9... so that the area within its boundaries becomes part of the wild bird monitoring area; or

(b)the Secretary of State revokes the declaration.

(7) An area remains a wild bird monitoring area until the Secretary of State revokes the declaration made under paragraph (2)(b)F10....

(8) Subject to paragraph (9), premises which are only partly in a wild bird control area or a wild bird monitoring area are deemed to be wholly within that area.

(9) Premises which are partly in a wild bird control area and partly in a wild bird monitoring area are deemed to be wholly in the wild bird control area.

Textual Amendments

F4Art. 5(2) substituted (24.11.2021 immediately after the coming into force of S.I. 2021/1305) by The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/1307), arts. 1, 3

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