Title, application and coming into force

1.—(1) The title of these Regulations is the Avian Influenza (Preventive Measures) (Wales) (Amendment) Regulations 2024.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 1 September 2024.

Amendments to the Avian Influenza (Preventive Measures) (Wales) Regulations 2006

2.  The Avian Influenza (Preventive Measures) (Wales) Regulations 2006( 3) are amended in accordance with regulations 3 and 4 of these Regulations.

Amendment to regulation 7 (identification of poultry premises)

3.  For regulation 7 (identification of poultry premises) substitute—

“Notification of premises where poultry or other captive birds are kept

7.— (1)  A person who keeps poultry or other captive birds at any premises must notify the Welsh Ministers in writing of the following information in relation to the premises—

(a) the address and the holding number of the premises (if there is one);

(b) that person’s name and address and, if different from that person’s, those of—

(i) the owner of the poultry or other captive birds; and

(ii) the occupier of the premises;

(c) the species of poultry or other captive birds kept at the premises;

(d) the number of birds of each species of poultry or other captive birds kept at the premises; and

(e) the purpose or purposes for which the poultry or other captive birds are kept.

(2)  A person who keeps 50 or more poultry or other captive birds at any premises must notify the Welsh Ministers in writing of the following information in addition to the requirements set out in paragraph (1)—

(a) in relation to poultry—

(i) the husbandry system or systems in use at the premises; and

(ii) the purpose or purposes for which poultry is kept, whether for the production of meat, hatching eggs, eggs for consumption or any other purpose;

(b) details of any seasonal stocking variations which are likely to result in a significant variation in the number or species of poultry or other captive birds on the premises at any time during the 12 month period following a notification or update under paragraph (3); and

(c) details of the number and species of poultry or other captive birds with access to open air on the premises.

(3)  A notification made under paragraph (1) or (2) must be—

(a) made in writing on or before 1 October 2024; and

(b) updated online—

(i) before 1 October 2025; and

(ii) in each subsequent calendar year within 12 months of the update last made under this paragraph or paragraph (5).

(4)  A person who, after 1 September 2024, becomes the keeper of any poultry or other captive birds at any premises, must—

(a) within 30 days of becoming the keeper, notify the Welsh Ministers in writing of the information referred to in paragraph (1), and where applicable, in addition, of the information referred to in paragraph (2); and

(b) update that notification online in each subsequent calendar year, within 12 months of the update last made under this paragraph or paragraph (5).

(5)  A person who has made a notification under this regulation must update the notification within 30 days of any change of the following kinds—

(a) a change in any of the matters required to be notified under paragraph (1)(a), (b), (c), (e), or (2); and

(b) in relation to premises where 50 or more poultry or other captive birds are kept, an increase or decrease of 20% or more in the number of poultry or other captive birds specified under paragraph (2) unless this change is due to—

(i) the emptying of poultry houses or hatcheries for immediate restocking; or

(ii) seasonal stocking.

(6)  The Welsh Ministers may, by notice, require a person making a notification under paragraph (1) or (2) to notify information additional to that required under the paragraph in question.

(7)  A person required to notify information under paragraph (6) must do so within 30 days of receiving notice from the Welsh Ministers.

(8)  In this regulation and regulation 7A, “ access to open air ” means—

(a) a permanent or temporary housing of poultry or other captive birds in a fully or partially meshed, netted or caged outdoor structure, whether fixed or mobile, which is not fully enclosed within a building; or

(b) temporary removal of poultry or other captive birds from their housing in order to be flown freely outdoors. ”

New regulation 7A (notification of premises where poultry or other captive birds are kept: exceptions)

4.  After regulation 7 (notification of premises where poultry or other captive birds are kept) insert—

“Notification of premises where poultry or other captive birds are kept: exceptions

7A.   The requirement to notify the Welsh Ministers under regulation 7 does not apply to keepers of other captive birds at any premises where the only other captive birds kept—

(a) belong to the order Psittaciformes or Passeriformes; and

(b) are housed on the premises fully within a dwelling or within a bird house with no direct access to open air. ”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Avian Influenza (Preventive Measures) (Wales) Regulations 2006 ( S.I. 2006/2803 (W. 242)) (“ the 2006 Regulations”).

Regulation 7 of the 2006 Regulations requires the keeper of 50 or more poultry on any one premises to notify the Welsh Ministers of specified information relating to those poultry and to inform the Welsh Ministers of specified changes to that information.

Regulation 3 of these Regulations replaces regulation 7 of the 2006 Regulations so that keepers of poultry and other captive birds (regardless of numbers) are required to notify the Welsh Ministers of specified information and for such information to be reviewed and updated on an annual basis. Additional information must also be provided as part of the notification procedure by keepers of 50 or more poultry or other captive birds.

Regulation 4 of these Regulations introduces a new regulation 7A into the 2006 Regulations. The obligation to notify is subject to an exception for keepers of other captive birds belonging to the order Psittaciformes (such as budgerigars or parrots) or Passeriformes (such as canaries or finches), housed fully within a dwelling or bird house with no direct access to open air.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. 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 these Regulations.