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

PART 4 E+W Measures on confirmation of highly pathogenic avian influenza at premises other than regulated places

Disapplication of measures to regulated places E+W

18.  This Part does not apply to regulated places.

Restrictions on confirmation of highly pathogenic avian influenza E+W

19.—(1) Paragraph (2) applies if the Chief Veterinary Officer confirms that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists on any premises.

(2) A veterinary inspector must impose, by notice to the occupier of the infected premises, the measures in Schedule 2 in addition to the measures in Schedule 1.

Killing of birds on premises E+W

20.  Subject to article 21, the National Assembly must ensure that poultry and other captive birds to be killed on infected premises under paragraph 5 of Schedule 3 to the Act, are killed there without delay.

Movement of birds off premises for killing E+W

21.  If the National Assembly considers that killing birds other than on infected premises would limit the risk of the spread of avian influenza more effectively, a veterinary inspector may—

(a) direct, by notice to the occupier of the infected premises, that killing of the birds specified in the notice be carried out at a place specified in the notice; and

(b) license the movement of those birds to that place.

Measures on special category premises E+W

22.—(1) A veterinary inspector must not license the movement of birds not killed under paragraph 5 of Schedule 3 to the Act from infected premises which are special category premises unless he or she is satisfied, following tests on the birds, that they are not infectious.

[F1 (2) A veterinary inspector must not license a movement to a place in the territory for which another administration within the British Islands is responsible unless the movement is authorised by the appropriate minister for that administration.]

(3) The following are special category premises—

(a) non-commercial premises;

(b) circuses;

(c) zoos;

(d) pet shops;

(e) wildlife parks;

(f) fenced areas where poultry or other captive birds are kept for scientific purposes or for purposes related to the conservation of endangered species;

[F2 (g) premises or parts of premises where only officially registered rare breeds of poultry or other captive birds are kept.]

[F3 (h) “wildlife rescue and rehabilitation centres.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (5) In this article, “officially registered rare breeds of poultry or other captive birds” means any poultry or other captive birds that have been officially recognised on the “UK breeds at risk” list published on 20 December 2021 [F6 and “wildlife rescue and rehabilitation centre” means any facility dedicated to the sole purpose of providing treatment and temporary care of injured, orphaned or sick wild animals or birds including any facility for their housing, feeding and treatment under the supervision of a veterinary surgeon for the primary purpose of their release back into the wild].]

Textual Amendments

F1 Art. 22(2) substituted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 6(a)

F2 Art. 22(3)(g) substituted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 6(b)

F3 Art. 22(3)(h) inserted (8.11.2023) by The Avian Influenza (Miscellaneous Amendments) (Wales) Order 2023 (S.I. 2023/1179), arts. 1(2), 4(a)

F4 Art. 22(4) omitted (10.3.2022 at 8.47 p.m.) by virtue of The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 6(c)

F5 Art. 22(5) inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 6(d)

F6 Words in art. 22(5) inserted (8.11.2023) by The Avian Influenza (Miscellaneous Amendments) (Wales) Order 2023 (S.I. 2023/1179), arts. 1(2), 4(b)

Tracing of meat and eggs from infected premises E+W

23.—(1) Subject to paragraph (2), the National Assembly or any person required by it, by notice, must endeavour to trace the following from infected premises—

(a) the meat of all poultry slaughtered during the unregulated period of infection;

(b) poultry eggs laid at the premises during that period; and

(c) poultry hatched from such eggs.

(2) The National Assembly need not trace or require the tracing of meat or poultry eggs once they have moved from wholesale or retail premises.

(3) “Unregulated period of infection” means the period from the date when, in the opinion of a veterinary inspector, avian influenza may first have been introduced to premises to the date when measures were imposed in relation to the premises under article 10.

Measures when meat and eggs have been traced E+W

24.—(1) The National Assembly must—

(a) dispose of meat traced from infected premises under article 23; or

(b) require its disposal, by notice to the person in possession of the meat.

(2) The National Assembly must—

(a) dispose of eggs traced from infected premises under article 23;

(b) require their disposal, by notice to the person in possession of the eggs; or

(c) license the movement of the eggs directly to an egg processing plant.

(3) The National Assembly must require, by notice to the occupier of any premises to which poultry already hatched from eggs traced under article 23 have been moved, that the poultry are not moved off those premises for at least 21 days from the date they arrived there.

(4) A person moving eggs under a licence granted under paragraph 2(c) must ensure that—

(a) each consignment of eggs is sealed by a veterinary inspector or in accordance with his or her instructions before dispatch;

(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.

(5) No person is to tamper with a seal attached under sub-paragraph 4(a) or remove it before the consignment arrives at its destination.

Veterinary inquiry at infected premises E+W

25.  The National Assembly must ensure that veterinary inquiries continue at all infected premises for such period as it considers necessary.

Identification of contact premises E+W

26.—(1) A veterinary inspector must serve a notice on the occupier of any premises if he or she suspects that highly pathogenic avian influenza—

(a) may have been carried there from other premises; or

(b) may have been carried to other premises from there.

(2) Premises in respect of which a notice is served under this article are contact premises for the purposes of this Part.

Restrictions at contact premises E+W

27.—(1) Subject to paragraph (2), the measures in Schedule 1 apply to contact premises until a veterinary inspector notifies the occupier that those measures are withdrawn or that the premises are infected premises.

(2) A veterinary inspector may, by notice to the occupier of contact premises or by licence, grant the same derogations in respect of contact premises as he or she can in respect of suspect premises under article 11.

(3) A veterinary inspector may, by notice to the occupier of contact premises, also require the occupier to comply with one or more of the measures in Schedule 2.

(4) When considering whether to require an occupier to comply with any of the measures in Schedule 2, a veterinary inspector must take the following criteria into account—

(a) the existence of any clinical signs of avian influenza in any birds on the contact premises;

(b) the susceptibility to avian influenza of the species of poultry on the contact premises;

(c) any movements of poultry or other captive birds from infected premises to the contact premises after the earliest date a veterinary inspector considers avian influenza may have been introduced to the infected premises;

(d) the density of poultry in the area where the contact premises are located;

(e) the time passed since avian influenza was first confirmed and how far avian influenza has spread from infected premises;

(f) the proximity of the contact premises to infected premises;

(g) epidemiological links between the contact premises and infected premises;

(h) the extent to which measures to control avian influenza are working.

(5) When considering the proximity of the contact premises to infected premises under paragraph 4(f), a veterinary inspector must give particular consideration to whether he or she should impose measures on premises which are—

(a) within 500 metres of infected premises; or

(b) 500 metres or more from infected premises but are in an area with a high density of poultry.

(6) When considering epidemiological links between the contact premises and infected premises in accordance with paragraph (4)(g), a veterinary inspector must give particular consideration to whether he or she should impose measures on premises with links to more than one infected premises.

(7) If the National Assembly requires poultry or other captive birds on a contact premises to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Declaration of protection, surveillance and restricted zones E+W

28.—(1) On confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza on premises in Wales, the National Assembly must declare a protection zone and a surveillance zone.

(2) On confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England which is 3 kilometres or less from Wales, the National Assembly must declare a protection zone and a surveillance zone in Wales.

(3) On confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England which is more than 3 and up to 10 kilometres from Wales, the National Assembly must—

(a) declare a surveillance zone in Wales; and

(b) declare a protection zone in Wales, if it considers it necessary to prevent the spread of avian influenza.

(4) The National Assembly may declare protection and surveillance zones in Wales on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of Scotland or England which is 10 or more kilometres from Wales.

(5) The National Assembly must, if it considers it necessary to reduce the risk of the spread of avian influenza, declare one or more restricted zones in addition to protection and surveillance zones.

(6) Paragraphs (1), (2) and (3) do not affect the power of the National Assembly to disapply measures or to apply alternative measures under articles 30(3), 31(3) and 33.

Size of zones E+W

29.—(1) A protection zone declared under paragraphs (1), (2) or (3) of article 28 must (subject to paragraph (8))—

(a) be centred on the outbreak point; and

(b) have a radius of at least 3 kilometres.

(2) A surveillance zone declared under paragraphs (1), (2) or (3) of article 28 must (subject to paragraph (8))—

(a) be centred on the outbreak point; and

(b) have a radius of at least 10 kilometres.

(3) A restricted zone must—

(a) either

(i) be centred on the outbreak point; or

(ii) be adjacent to the surveillance zone or to another restricted zone; and

(b) be of such size as the National Assembly considers necessary.

(4) The National Assembly must take account of the criteria set out in paragraph (5) when deciding—

(a) what size zones to declare under paragraphs (1), (2) and (3) of article 28; and

(b) whether to declare restricted zones under paragraph (5) of article 28.

(5) The criteria referred to in paragraph (4) are—

(a) the results of veterinary inquiries;

(b) the geographical features of the area around the infected premises;

(c) the location and proximity of other premises containing poultry and other captive birds in the area;

(d) patterns of movement of and trade in poultry and other captive birds in the area;

(e) the facilities and personnel available to control movements within the zone (including any movement of poultry or other captive birds off premises for slaughter and disposal).

(6) Protection zones and surveillance zones declared under paragraph (4) of article 28 must be centred on the outbreak point, and must be of such size as the National Assembly considers necessary to reduce the risk of the spread of avian influenza.

(7) The “outbreak point” means, in relation to any premises where avian influenza has been confirmed, the part of the premises from which the National Assembly considers controlled zones should be measured, given the nature of that case of avian influenza.

(8) Where this article or article 56 requires the National Assembly to declare a zone of a minimum area and such an area would include land in England, it must declare a zone of such part of that area as is in Wales.

Measures in protection zones E+W

30.—(1) The measures in Schedule 4 apply in respect of a protection zone, subject to paragraphs (2) and (3) and articles 33 and 35.

(2) Paragraph (3) applies if the National Assembly has carried out a risk assessment and does not believe that the disapplication of any measure under that paragraph would endanger disease control.

(3) In a declaration of a protection zone, the National Assembly may—

(a) disapply one or more of the measures in Schedule 4 to movements of racing pigeons into, from and within the zone;

(b) disapply one or more of the measures in paragraph 14 of Schedule 4 and in article 63(2) if—

(i) the premises where avian influenza has been confirmed are special category premises; and

(ii) avian influenza has been confirmed in poultry on those premises.

(4) The National Assembly must ensure that—

(a) premises containing poultry and other captive birds within a protection zone are identified as soon as possible; and

(b) a veterinary inspector examines poultry and other captive birds at all such premises, carrying out examinations at commercial premises as soon as possible.

(5) The National Assembly may, notwithstanding paragraph (4)(b), authorise a reduced level of surveillance to that provided for in that paragraph if—

(a) the premises on which avian influenza is confirmed are special category premises; and

(b) it is satisfied that reduced surveillance would not endanger disease control.

(6) The National Assembly must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza are carried out at premises to which things are moved within and out of a protection zone.

Measures in surveillance zones E+W

31.—(1) The measures in Schedule 5 apply in respect of a surveillance zone, subject to paragraph (3) and articles 33 and 35.

(2) Paragraph (3) applies if the National Assembly has carried out a risk assessment and does not believe that the disapplication of any measure under that paragraph would endanger disease control.

(3) In its declaration of a surveillance zone, the National Assembly may—

(a) disapply one or more of those measures to movements of racing pigeons into, from and within the zone;

(b) disapply one or more of the measures in paragraphs 6, 11 or 15 of Schedule 5 (restrictions on the movement of poultry and eggs within and outside the zone and of poultry, other captive birds and mammals onto premises) if—

(i) the premises where avian influenza has been confirmed are special category premises; and

(ii) avian influenza has been confirmed in poultry on those premises.

(4) The National Assembly must ensure that all commercial poultry premises within a surveillance zone are identified as soon as possible.

[F7 Restrictions on the movement of wild game bird products E+W

31A.— (1) The Welsh Ministers may, on the basis of a risk assessment, prohibit the movement of wild game bird products intended for human consumption.

(2) Where movement of wild game bird products is prohibited under paragraph (1), a veterinary inspector or an inspector acting under the direction of a veterinary inspector may by licence authorise the movement—

(a) of meat products, from wild game birds originating in a protection, surveillance or restricted zone, which have been heated throughout the product in question to a minimum temperature of 70°C;

(b) of fresh meat and meat products from wild game birds originating in a protection, surveillance or restricted zone, to an unrestricted area in Wales, provided the meat, or meat products has, or have been—

(i) marked in accordance with Schedule 8, paragraph 2;

(ii) cut and stored in the handling establishment separately from other products which have originated outside the protection, surveillance or restricted zone;

(c) of fresh meat from wild game birds originating outside the protection, surveillance or restricted zone, which has been—

(i) produced in accordance with section 4 of Annex 3 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;

(ii) subject to the official controls set out in Article 18 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed laws, rules on animal health and welfare, plant health and plant protection products;

(d) of processed fresh meat and products containing such meat from wild game birds originating outside the protection, surveillance or restricted zone, produced in accordance with Sections 5 and 6 of Annex 3 to Regulation (EC) No 853/2004.

(3) The measures in Schedule 8 apply in respect of movements covered by this article.]

Textual Amendments

F7 Art. 31A inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 7

Restrictions on trade in things from areas where measures have been disapplied E+W

32.  Unless he or she is licensed by a veterinary inspector, no person is to supply any of the following for [F8 export outside the United Kingdom] if it has come from premises in respect of which any of the measures in Schedule 4 or 5 have been disapplied under articles 30 or 31—

(a) poultry;

(b) other captive birds;

(c) hatching eggs;

(d) used litter;

(e) manure;

(f) slurry.

Textual Amendments

F8 Words in art. 32 substituted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

Alternative measures where avian influenza is confirmed at a hatchery or in other captive birds on special category premises E+W

33.—(1) If, following confirmation of highly pathogenic avian influenza at a hatchery or in [F9 any] other captive birds on special category premises, [F10 or any birds on special category premises listed in article 22(3)(a) to (e) or (h),] the National Assembly is satisfied that applying less stringent measures than those in articles 28 to 31 would not endanger disease control, it may decide—

(a) not to make a declaration of any controlled zone around the premises;

(b) to declare fewer zones than required under article 28;

(c) to declare a controlled zone smaller in size than provided for in article 29;

(d) to specify in his declaration of a controlled zone that one or more of the measures in Schedules 4 and 5 do not apply in that zone.

(2) The National Assembly must carry out a risk assessment before reaching a decision under paragraph (1).

Textual Amendments

F9 Word in art. 33(1) inserted (8.11.2023) by The Avian Influenza (Miscellaneous Amendments) (Wales) Order 2023 (S.I. 2023/1179), arts. 1(2), 5(a)

F10 Words in art. 33(1) inserted (8.11.2023) by The Avian Influenza (Miscellaneous Amendments) (Wales) Order 2023 (S.I. 2023/1179), arts. 1(2), 5(b)

Measures in restricted zones E+W

34.—(1) The National Assembly must, in a declaration of a restricted zone under article 28(5), apply, in each zone so declared, such measures as he considers necessary to reduce the risk of the spread of avian influenza.

(2) These measures may include some or all of the measures in [F11 Schedules 4, 5 and 8 and articles 31A, 35 and 64].

Textual Amendments

F11 Words in art. 34(2) substituted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 8

Additional measures in protection and surveillance zones E+W

35.—(1) If it considers such action necessary to reduce the risk of the spread of avian influenza, the National Assembly must impose by declaration measures additional to those in Schedules 4 and 5 in respect of a protection or surveillance zone.

(2) The National Assembly's power to declare additional measures includes the power to prohibit or restrict—

(a) the movement of vehicles or people involved in—

(i) the supply of animal feed;

(ii) the supply of agricultural equipment;

(iii) the collection of eggs;

(iv) the transport of poultry to slaughterhouses;

(v) the collection of carcases for disposal;

(b) the movement of those working on premises, including veterinary surgeons;

(c) the movement of any person onto any premises, including common, unenclosed and waste land and agricultural buildings, notwithstanding the existence of any public or private right of way or any other right of access to, or permission to gain access to, the premises.

(3) The power to prohibit or restrict movement under paragraph (2)(c) applies only in relation to a protection zone and does not include a power to prohibit or restrict movement onto premises by—

(a) the owner or occupier of the premises;

(b) any person whose principal residence or place of employment is those premises;

(c) any person entering under the authority of a licence granted under this Order.

Ending of protection, surveillance and restricted zones E+W

36.—(1) The National Assembly may, by declaration, end a protection zone but [F12 , subject to paragraph (4)] must not, in the case of a protection zone declared under paragraph (1), (2) or (3) of article 28, do so until—

(a) at least 21 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3; and

(b) a veterinary inquiry has been completed on all premises within the zone identified as containing poultry or other captive birds.

(2) On the ending of any protection zone, the area which formed that protection zone will become part of the surveillance zone centred on the same outbreak point as the protection zone.

(3) The National Assembly may, by declaration, end a surveillance zone but, in the case of a zone declared under paragraph (1), (2) or (3) of article 28, must not do so until at least 30 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3.

[F13 (4) The restrictions that would otherwise apply by virtue of paragraph (1)(a) or (3) do not apply where the Welsh Ministers are satisfied that their application is not necessary to reduce the risk of the spread of avian influenza.]

Textual Amendments

F12 Words in art. 36(1) inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 9(a)

F13 Art. 36(4) inserted (10.3.2022 at 8.47 p.m.) by The Avian Influenza (Wales) (Amendment and Revocation) Order 2022 (S.I. 2022/280), arts. 1(2), 9(b)