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The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021

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Amendments to article 5 (confirmation or suspicion of H5N1 in wild birds)

4.  In article 5 (confirmation or suspicion of H5N1 in wild birds)—

(a)in paragraph (1)(b)—

(i)in paragraph (i), omit “or”;

(ii)at the end of paragraph (ii), insert “; or”;

(iii)after paragraph (ii), insert—

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

(b)for paragraph (2) substitute—

(2) Where this article applies, the Secretary of State, after considering a risk assessment which takes into account the factors in paragraph (2A) may declare—

(a)a wild bird monitoring area or a wild bird monitoring area, or

(b)a wild bird control area and a wild bird area.;

(c)after paragraph (2) insert—

(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.”;.

(d)omit paragraphs (3), (4) and (5);

(e)in paragraph (6) omit “, (3)(a) or (3)(b)”;

(f)in paragraph (7) omit “, (3)(a) or (3)(b)”.

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