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

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Measures when low pathogenic avian influenza is confirmed

46.—(1) If the Chief Veterinary Officer confirms that low pathogenic avian influenza or low pathogenic avian influenza virus exists on any premises other than regulated places, the National Assembly must—

(a)apply, by notice to the occupier of the infected premises, such of the measures in Part 1 of Schedule 6 as it considers necessary to reduce the risk of the spread of avian influenza; and

(b)ensure that a veterinary inquiry continues at the infected premises.

(2) If the Chief Veterinary Officer confirms that low pathogenic avian influenza or low pathogenic avian influenza virus exists at a regulated place, the National Assembly may apply, by notice to the occupier of that place, such of the measures in Part 1 of Schedule 6 as it considers necessary to reduce the risk of the spread of avian influenza.

(3) A veterinary inspector must not license any movement otherwise prohibited under Part 1 of Schedule 6 unless he or she is satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.

(4) When reaching a decision under paragraph (3), a veterinary inspector must, in particular, take into account the criteria in Part 2 of Schedule 6.

(5) An inspector who knows or suspects that any poultry, other captive bird or any thing on any vehicle is infected or contaminated with low pathogenic avian influenza may, by notice to the owner or driver of the vehicle or to the occupier of any premises—

(a)require the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated; and

(b)direct that the vehicle be moved to such premises as the inspector directs.

(6) Any expenses arising from the movement or detention of any bird or any thing, including the cost of feeding and watering any bird, must be paid by its owner.

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