The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

Maintenance of areas

12.—(1) If the Department is of the opinion that the avian influenza virus of sub-type H5 present in the wild bird or carcase referred to in regulation 5(1)(a) is of neuraminidase N1, it must not—

(a) amend any declaration made under regulation 5 so that the wild bird control area becomes part of the wild bird monitoring area until at least 21 days have elapsed from the date on which the sample showing the presence of the H5 virus was collected from that wild bird or carcase except where the conditions in paragraph (2) are fulfilled; or

(b) withdraw any declaration made under regulation 5 until at least 30 days have elapsed from that date.

(2) The conditions referred to in paragraph (1)(a) are—

(a) the Department has carried out an assessment of the risk of the possible spread of avian influenza, taking into account the factors listed in regulation 6(3), which indicates that the amendment of the declaration would not endanger disease control;

(b) the Department has identified premises where poultry are kept within the wild bird control area in accordance with regulation 11(1)(a); and

(c) an inspector has carried out at least one visit to each of those premises in accordance with regulation 11(1)(b) and the results of any laboratory tests carried out on samples taken from poultry or other captive birds on those premises in accordance with regulation 11(2)(a) have not given rise to the service of a notice under regulation 10(1) of the Avian Influenza Regulations.

(3) Where the Department amends a declaration so that a wild bird control area becomes part of the wild bird monitoring area before 21 days have elapsed from the date referred to in paragraph (1)(a), the declaration of the wild bird monitoring area may also be amended so that the size and shape of that area is varied, provided that the area remains of a size required under regulation 6(5) or (6).

(4) If the Department is of the opinion that the avian influenza virus of sub-type H5 present in the wild bird or carcase referred to in regulation 5(1)(a) is not of neuraminidase N1, it must withdraw any declaration made under regulation 5 without delay.