Statutory Instruments made by the National Assembly for Wales

"the Act" means the Animal Health Act 1981;

"avian influenza" means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six-week old chickens greater than 1.2;

"avian influenza prevention zone" means an avian influenza prevention zone declared under article 6(1)(a);

"avian influenza (restrictions on mammals) zone" means an avian influenza (restrictions on mammals) zone declared under article 61(1)(b);

"bird carcase" means the carcase of any bird and includes any part of a bird carcase;

(a) declare an avian influenza prevention zone in all or part of Wales; or

(b) serve or require an inspector to serve a notice on the occupier of any premises where poultry, other captive birds or any categories of poultry or captive birds specified in the notice are kept.

    (2) A declaration or notice under paragraph (1) must impose such measures as the National Assembly considers necessary to reduce the risk of transmission of avian influenza.

    (3) When deciding the measures to impose under paragraph (2), the National Assembly must consider whether measures are necessary—

(i) to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;

(ii) to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with avian influenza virus; and

(iii) to reduce the risk of the spread of avian influenza between premises.

    (4) The power of the National Assembly to impose measures by declaration or notice under this article includes the power—

(a) to require poultry and other captive birds to be housed or otherwise kept separate from wild birds;

(b) to require poultry or other captive birds or categories of such birds specified in the declaration or notice to be housed or otherwise kept separate from other poultry and captive birds;

(c) to require that poultry and other captive birds are provided with feed and water to which wild birds have no access;

(d) to require keepers of poultry and other captive birds and others who come into contact with such birds to cleanse and disinfect their footwear and take such other biosecurity measures as a veterinary inspector or an inspector under the direction of a veterinary inspector may require;

(e) to ban or limit the collection of poultry or other captive birds at any fair, market, show, exhibition, race or other gathering;

(f) to ban or limit the use of birds of the orders Anseriformes (including ducks, geese and swans) and Charadriiformes (including gulls, murres, terns, avocets, puffins, woodcock, oystercatchers, sandpipers, plovers, surfbirds, snipes and skimmers) as decoys during bird hunting.

(a) immediately notify the Divisional Veterinary Manager; and

(b) take all reasonable steps to ensure that the measures in Schedule 1 are complied with.

    (2) A person who examines or inspects any bird or bird carcase, or who analyses any sample taken from any bird or bird carcase, must immediately inform the Divisional Veterinary Manager if—

(a) he or she suspects the presence of avian influenza in the bird or bird carcase; or

(b) he or she detects evidence of antibodies to avian influenza virus in the bird or bird carcase.

    (3) A person who examines or inspects any mammal or mammal carcase, or who analyses any sample taken from any mammal or mammal carcase, must immediately inform the Divisional Veterinary Manager if—

(a) he or she suspects the presence of influenza of avian origin in the mammal or mammal carcase; or

(b) he or she detects evidence of antibodies to influenza virus of avian origin in the mammal or mammal carcase.

(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.

(a) serve a notice on the occupier of the slaughterhouse informing him or her of this and applying the measures set out in paragraphs 3, 4 and 5 of Schedule 1; and

(b) ensure that a veterinary inquiry is carried out at the slaughterhouse.

(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.

(a) slaughtered as soon as possible, in accordance with a veterinary inspector's instructions; and

(b) transported in accordance with a veterinary inspector's instructions (if they are moved off the premises for slaughter).

(a) suspect premises;

(b) contact premises;

(c) infected premises; and

(d) premises subject to restrictions under Part 7.

(a) the National Assembly;

(b) the local authority;

(c) any person authorised by the National Assembly or the local authority to execute the Order.

(a) alive;

(b) which have died;

(c) which show clinical signs of avian influenza;

(d) he or she thinks are likely to be infected;

(e) born or hatched.

Housing or isolation of poultry and other captive birds
     2. —(1) The occupier must ensure that poultry and other captive birds are—

(a) housed; or

(b) kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree).

    (2) The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on the movement of poultry and other captive birds to and from the premises
     3. No person is to move any poultry or other captive birds to or from the premises unless licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza
     4. No person may remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza unless he or she is licensed by a veterinary inspector.

Prohibition on the movement of people, animals and vehicles to and from the premises
     5. —(1) No person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

    (2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Restrictions on the movement of eggs
     6. No person is to move any eggs from the premises except, under the authority of a licence granted by a veterinary inspector—

(a) directly to an egg processing plant; or

(b) for disposal.

Conditions for the movement of eggs
     7. Any person moving eggs under paragraph 6(a) must ensure that—

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

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

(a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);

(b) the date of the visit;

(c) whether the person had any contact with poultry or other captive birds on the premises.

Record of poultry
     2. The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.

Record of poultry and egg movements
     3. Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must make a record as soon as reasonably practicable of all poultry and poultry eggs transported or marketed by him or her.

Poultry movements to be recorded
     4. The records referred to in paragraphs 2 and 3 above must include—

(a) the quantity and description (including species of poultry or type of egg) transported or marketed;

(b) in the case of a movement from premises in the zone—


(i) the date of the movement off the premises;

(ii) the premises of destination (if known);

(iii) the name and address of the person to whom ownership or possession is being or has been transferred;



(c) in the case of a movement on to premises in the zone—



(i) the date of the movement;

(ii) the premises from which the movement originated (if known);

(iii) the name and address of the person from whom ownership or possession is being or has been transferred;



(d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred;

Scope of record keeping duties
     5. Paragraphs 1 and 3 do not apply in respect of—

(a) a movement of eggs direct to retail premises, at or from such premises or subsequent to such a movement;

(b) the movement of people to zoos, wildlife parks or (unless required by the National Assembly) any other premises open to the public, provided the public has no access to any area where birds are kept;

(c) the movement of the following onto any premises where poultry or other captive birds are kept—


(i) any person on a public right of way or exercising a right of access to the premises;

(ii) trespassers;

(iii) any person executing this Order.

Isolation of poultry and other captive birds
     6. The occupier of premises in the zone where poultry or other captive birds are kept must ensure that they are—

(a) housed; or

(b) kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree).

Measures where birds not housed
     7. If birds are kept isolated but not housed, the occupier must—

(a) ensure that they have no contact with poultry or other captive birds on other premises; and

(b) take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises
     8. —(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

    (2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Disposal of carcases
     9. The occupier must ensure that all carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Biosecurity measures
     10. The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry
     11. No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry
     12. No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Release of game
     13. No person is to release game birds.

Restrictions on the movement of poultry, eggs, poultry meat and carcases
     14. No person is to move any poultry, eggs, poultry meat or carcases within or out of the zone unless the movement is—

(a) set out in paragraph 16 and is—


(i) direct; and

(ii) licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector;



(b) of table eggs direct to wholesale or retail premises, or subsequent to such a movement; or

(c) within the same premises.

Transport by road and rail
     15. Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.

Movements which may be licensed by a veterinary inspector or by an inspector under his or her direction
     16. The movements referred to in paragraph 14(a) are movements of the following—

(a) poultry from premises in the zone for immediate slaughter at a designated slaughterhouse (if the requirements of paragraph 17 are met);

(b) poultry meat (if the requirements of paragraph 18 are met);

(c) poultry to a designated slaughterhouse in the zone from premises outside the zone (if the requirements of paragraph 19 are met);

(d) day-old chicks hatched from eggs produced in the zone or from eggs which came into contact with such eggs (if the requirements of paragraph 20 are met);

(e) day-old chicks hatched from eggs originating outside the protection zone kept separate from eggs produced in such a zone (if the requirements of paragraph 21 are met);

(f) ready-to-lay poultry to premises or part of premises where no poultry are kept (if the requirements of paragraph 22 are met);

(g) hatching eggs from outside the zone to a designated hatchery in the zone or to designated premises for use for scientific, diagnostic or pharmaceutical purposes;

(h) hatching eggs from the zone—


(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes



(if, in both cases, the requirements of paragraph 23 are met);

(i) eggs to a designated egg packing centre (if the requirements of paragraph 24 are met);

(j) eggs to an egg processing plant;

(k) eggs for disposal;

(l) carcases for disposal or diagnosis.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse
     17. Poultry must not be moved to a designated slaughterhouse unless the following requirements are met—

(a) a veterinary inspector must have examined poultry at the premises no more than 24 hours before they leave the premises; and

(b) the poultry are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions.

Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zone
     18. Poultry meat from poultry within the zone must not be moved from a designated slaughterhouse unless it meets the requirements of article 63(2).

Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zone
     19. Poultry from premises outside the zone must not be moved to a designated slaughterhouse in the zone unless the poultry are kept separate from poultry originating within the zone

Requirements for the movement of day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs
     20. Day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs must not be moved unless they are transported in vehicles sealed by a veterinary inspector or in accordance with his or her instructions.

Requirements for the movement of day-old chicks hatched from eggs originating outside the zone
     21. Day-old chicks from eggs originating outside the protection zone must not be moved unless the hatchery within the protection zone is operated in such a way that those eggs do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of ready-to-lay poultry
     22. Ready-to-lay poultry must not be moved from premises within the zone unless—

(a) poultry and other captive birds at the premises have been examined by a veterinary inspector; and

(b) the ready-to-lay poultry are transported in vehicles sealed by the veterinary inspector or in accordance with his instructions.

Requirements for the movement of hatching eggs from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes
     23. Hatching eggs must not be moved from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless—

(a) a veterinary inspector has confirmed that he or she does not suspect avian influenza in the flocks from which the eggs derive;

(b) the eggs and their packaging are disinfected before dispatch; and

(c) the eggs are transported in vehicles sealed by a veterinary inspector or in accordance with his or her instructions.

Requirements for the movement of eggs to an egg packing centre
     24. Eggs must not be moved to a designated egg packing centre unless—

(a) they are packed in disposable packaging; and

(b) any person transporting the eggs complies with any biosecurity requirements laid down by a veterinary inspector, by notice or by licence condition.

Requirements at slaughterhouses
     25. The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 63 are met.

Requirements for poultry meat from the zone
     26. Poultry meat in the zone from poultry originating in the zone is subject to the requirements set out in article 63(3) and 63(4).

Requirements for poultry meat from outside the zone
     27. Poultry meat in the zone from poultry originating outside the zone is subject to the requirements set out in article 63(3)(a).

Cleansing and disinfection of vehicles carrying any thing which may be contaminated
     28. A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Cleansing and disinfection of vehicles
     29. A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated without delay, in accordance with article 66.

Access to prohibited places
     30. No person is to enter any place the subject of a restriction notice under article 79 except in accordance with that notice or with article 35.

(a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);

(b) the date of the visit;

(c) whether the person had any contact with poultry or other captive birds on the premises.

Record of poultry
     2. The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.

Record of poultry movements
     3. Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must, as soon as is reasonably practicable, make a record of all poultry and poultry eggs transported or marketed by him.

Poultry movements to be recorded
     4. The records referred to in paragraphs 2 and 3 above must include—

(a) the quantity and description (including species of poultry and type of egg) transported or marketed;

(b) in the case of a movement from premises in the zone—


(i) the date of the movement off the premises;

(ii) the premises of destination (if known);

(iii) the name and address of the person to whom ownership or possession is being or has been transferred;



(c) in the case of a movement onto premises in the zone—



(i) the date of the movement;

(ii) the premises from which the movement originated (if known);

(iii) the name and address of the person from whom ownership or possession is being or has been transferred;



(d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred.

Scope of record keeping duties
     5. Paragraphs 1 and 3 do not apply in respect of the movement of—

(a) eggs direct to retail premises, at or from such premise or subsequent to such a movement;

(b) people to zoos, wildlife parks or (unless required by the National Assembly) any other premises open to the public, provided the public has no access to any area where birds are kept;

(c) the following onto any premises where poultry or other captive birds are kept—


(i) any person on a public right of way or exercising any other right of access to the premises;

(ii) trespassers;

(iii) any person executing this Order.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises
     6. —(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

    (2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures
     7. The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector by notice to him or her, imposes.

Litter, poultry manure and slurry
     8. No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry
     9. No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Release of game
     10. No person is to release game birds.

Restrictions on the movement of poultry and eggs within the zone
     11. Subject to paragraph 12, no person is to move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector.

Wholesale and retail distribution of eggs within the zone
     12. Paragraph 11 does not apply to the movement of eggs direct to wholesale or retail premises, or subsequent to such a movement.

Biosecurity measures
     13. A veterinary inspector must not grant a licence under paragraph 11 unless he or she is satisfied that the licensee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.

Movement of poultry to a slaughterhouse
     14. A veterinary inspector may license the movement of poultry from outside any avian influenza protection and surveillance zones to a slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.

Restrictions on the movement of poultry and eggs out of the zone
     15. —(1) Subject to paragraph 16, no person is to move any poultry or eggs out of the zone, unless the movement is—

(a) a movement set out in sub-paragraph (2); and

(b) licensed by a veterinary inspector.

    (2) The movements referred to in sub-paragraph (1) are movements of—

(a) poultry for slaughter (if the requirements of paragraph 17 are met);

(b) day-old chicks hatched from eggs originating within the protection or surveillance zone or from eggs which came into contact with such eggs (if the requirements of paragraph 18 are met);

(c) day-old chicks hatched from eggs originating outside the protection and surveillance zones kept separate from eggs produced in such a zone (if the requirements of paragraph 19 are met);

(d) ready-to-lay poultry to premises or a part of any premises where no poultry are kept;

(e) hatching eggs from the zone—


(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes



(if, in both cases, the requirements of paragraph 20 are met);

(f) eggs to a designated egg packing centre (if the requirements of paragraph 21 are met);

(g) eggs to an egg processing plant;

(h) eggs for disposal.

Wholesale and retail distribution of table eggs
     16. Paragraph 15 does not apply to a movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse
     17. Poultry may be moved from premises in the zone to a designated slaughterhouse, but only within 24 hours of the completion of a veterinary inspection of the premises.

Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs
     18. Day-old chicks from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs must not be moved unless any biosecurity measures laid down by a veterinary inspector by notice or licence condition are complied with.

Requirements for the movement of day-old chicks hatched from eggs originating outside the protection and surveillance zones
     19. Day-old chicks from eggs originating outside any avian influenza protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes
     20. Hatching eggs must not be moved from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless the eggs and their packaging are disinfected before they leave the premises.

Requirements for the movement of eggs to an egg packing centre
     21. Eggs must not be moved to a designated egg packing centre unless—

(a) they are packed in disposable packaging; and

(b) any person transporting the eggs complies with any biosecurity measures laid down by a veterinary inspector.

Cleansing and disinfection of vehicles carrying any thing which may be contaminated
     22. A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Cleansing and disinfection of vehicles
     23. A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect without delay any part of the vehicle which may have been contaminated, in accordance with article 66.

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures
     2. The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry
     3. No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry
     4. No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.

Release of game
     5. No person is to release game birds.

Restrictions on the movement of poultry, other captive birds and eggs within the zone
     6. Subject to paragraph 8, no person is to move any poultry, other captive birds or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Restrictions on the movement of poultry and eggs out of the zone
     7. —(1) Subject to paragraph 8, no person is to move any poultry or eggs out of the zone, unless the movement is—

(a) set out in sub-paragraph (2); and

(b) licensed by a veterinary inspector.

    (2) The movements referred to in paragraph (1) are movements of—

(a) poultry for slaughter at a designated slaughterhouse ;

(b) poultry to premises or part of premises where no poultry are kept ;

(c) day-old chicks from eggs originating within the zone or from eggs which have come into contact with such eggs;

(d) day-old chicks from eggs originating outside the zone, if the hatchery is operated in such a way that such chicks and eggs are kept separate from day-old chicks and eggs originating in the zone;

(e) hatching eggs—


(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes



(if, in both cases, the eggs and their packaging are disinfected before dispatch);

(f) eggs to a designated egg packing centre in disposable packaging and in accordance with biosecurity requirements specified by a veterinary inspector;

(g) eggs to an egg processing plant inside or outside the zone;

(h) eggs for disposal.

Wholesale and retail distribution of eggs
     8. Paragraphs 6 and 7 do not apply to the movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Carcases
     9. The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).

Cleansing and disinfection of vehicles
     10. A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

(a) Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (OJ No L 274, 20.10.2005, p. 105, as amended by Commission Decisions 2005/745/EC, 2005/855/EC and 2006/574/EC); and

(b) Commission Decision 2006/474/EC concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the Member States and repealing Decision 2005/744/EC (OJ No L 187, 8.7.2006, p. 37).

     2. Measures relating to the poultry register, the vaccination of zoo birds and restrictions on bird gatherings to achieve implementation of these Decisions are contained in the Avian Influenza (Preventive Measures) (Wales) Regulations 2006.

     3. The effects of the main substantive changes to the original Order introduced by this Order are—

(a) to require any person examining any mammal or carcase or analysing a sample taken from any mammal or carcase to inform the Divisional Veterinary Manager if he or she suspects influenza of avian origin or antibodies to the disease in the mammal or carcase;

(b) to allow the National Assembly to apply some rather than all the measures applicable to suspect and infected premises to contact premises (articles 27(2) and 54(1));

(c) to permit derogations from certain measures applicable to laboratories where low pathogenic avian influenza virus is kept (article 11(1));

(d) to make clear that the duty on the occupier of premises where poultry or other captive birds are kept to keep records of visitors to those premises does not extend to trespassers and those on rights of way (paragraph 5(c) of Schedules 4 and 5);

(e) to allow inspectors appointed by local authorities as well as veterinary inspectors appointed by the National Assembly to serve notices in certain circumstances.

     4. Part 1 of the Order contains introductory provisions. Article 3 extends the definitions of "poultry", "animals" and "disease" in the Animal Health Act 1981 (c. 22). It also applies the slaughter power in section 32 of that Act to any infection in mammals caused by influenza virus of avian origin.

     5. Part 2 sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

     6. Part 3 of the Order and Schedule 1 set out measures to deal with any suspected outbreak of avian influenza at premises other than slaughterhouses and border inspection posts. Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part 4 and Schedule 2. These measures may, under article 13, also be applied to premises where disease is suspected. Part 4 also provides for the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.

     7. Measures when highly pathogenic avian influenza is confirmed at slaughterhouses, border inspection posts and in vehicles are set out in Part 5.

     8. Measures where low pathogenic avian influenza is confirmed at premises other than slaughterhouses and border inspection posts are set out in Part 6 and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.

     9. Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part 7.

     10. General measures applicable on suspicion or confirmation of avian influenza are set out in Part 8 and measures on inspection and enforcement are set out in Part 9. Article 86(2) provides for notices, licences and designations under the original Order to remain in force as if they were notices, licences or designations under this Order.

     11. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

     12. A full regulatory appraisal of the effect that this Order will have on the costs of business has not been prepared.