PART 3Measures on suspicion of avian influenza
Derogations from restrictions applicable at suspect premises11
1
A notice served under article 10 on the occupier of a laboratory where low pathogenic avian influenza virus is kept must—
a
be served by a veterinary inspector; and
b
impose such of the measures in Schedule 1 and such measures relating to the operation of the laboratory as the veterinary inspector considers necessary.
2
In a notice served under article 10 on the occupier of premises other than those referred to in paragraph (1) of this article, or by licence to such an occupier, a veterinary inspector or an inspector acting under his or her direction may grant derogations from paragraphs 2, 3, 4 and 6 of Schedule 1.
3
No person is to grant a derogation under paragraph (2) or authorise the granting of such a derogation unless he or she has considered—
a
the risk of the possible spread of avian influenza were the derogation to be granted;
b
any precautionary measures which have been or could be taken; and
c
the destination of any birds or things which would be moved were the derogation to be granted.
4
In a notice served under article 10 or by licence, a veterinary inspector or an inspector acting under the direction of a veterinary inspector may also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1 if—
a
the premises the subject of the derogation are non-commercial premises;
b
the premises contain other captive birds but no poultry;
c
he or she has considered the risk of the possible spread of avian influenza were the derogation to be granted and any precautionary measures which have been or could be taken.
5
“Non-commercial premises” means premises where poultry or other captive birds are kept by their owners for their own consumption or use or as pets.