The Avian Influenza (H5N1 in Wild Birds) (Wales) (Amendment) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in Wales only, amends the Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006 (S.I. 2006/3310 (W. 300)) (“the principal Order”) and revokes the Commission Decision of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (“the Commission Decision”).

Article 4 amends article 5 of the principal Order and replaces the obligation on the Welsh Ministers to declare a wild bird control area and a wild bird monitoring area in certain circumstances with a discretion to do so.

Articles 2, 5 and 7 make consequential amendments.

Article 6 amends article 11(1) of the principal Order so that, amongst other things, the Welsh Ministers must ensure that a veterinary inspector visits such premises within the wild bird control area at such frequency as the Welsh Ministers consider necessary to monitor the possible spread of avian influenza.

Article 8 amends paragraph 4(b) of Schedule 3 to the principal Order so that the requirement that a person entering or leaving a premises must ensure the outside of the vehicle is not soiled with mud, animal or bird faeces etc. also applies to vehicles carrying poultry.

Article 9 revokes the Commission Decision.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.