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

Measures applicable in a wild bird control area or monitoring area

8.—(1) The measures in Schedule 1 apply in respect of a wild bird control area including movements from that area.

(2) The measures in Schedule 2 apply in respect of a wild bird monitoring area including movements from that area.

(3) The biosecurity measures in Schedule 3 apply in respect of a wild bird control area and a wild bird monitoring area.

(4) Where the conditions in paragraph (5) are fulfilled, the Secretary of State may—

(a) amend the declaration of the wild bird control area so that some or all of the measures listed in paragraphs 1 to 16 of Schedule 1 no longer apply in respect of that area; and

(b) amend the declaration of the wild bird monitoring area so that some or all of the measures listed in Schedule 2 no longer apply in respect of that area.

(5) The conditions are—

(a) a risk assessment indicates that the disapplication of the measure in that wild bird control area or wild bird monitoring area would not endanger disease control;

(b) there has been no outbreak of H5N1 in poultry or other captive birds in either of those areas;

(c) the wild bird control area or wild bird monitoring area has been established for at least 21 days; and

(d) the Secretary of State does not suspect there is avian influenza in poultry or other captive birds within either of those areas.

(6) When carrying out a risk assessment under paragraph (5)(a) the Secretary of State must take account of the factors listed in article 6(3).

(7) Paragraph (4)(b) does not apply in relation to the measures in paragraphs 4 and 6 of Schedule 2 where the Secretary of State has amended the declaration of a wild bird control area so that it has become part of the wild bird monitoring area before 21 days have elapsed from the date the sample was collected from the wild bird or carcase in accordance with article 12(1)(a).

(8) Paragraph (9) applies if—

(a) at the time of its establishment, a wild bird control area or a wild bird monitoring area centred on the same outbreak point overlaps with a surveillance zone declared under article 28 of the Avian Influenza Order;

(b) that surveillance zone is subsequently ended by a declaration; and

(c) a risk assessment indicates that the disapplication in that wild bird control area of the measure or the article referred to in paragraph (9) would not endanger disease control.

(9) The Secretary of State may amend the declaration of the wild bird control area so that—

(a) any of the measures listed in Schedule 1; or

(b) article 11,

do not apply in respect of that wild bird control area.