The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/1305 |
| Year | 2021 |
2021 No. 1305
Animals, EnglandAnimal Health
The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021
Made 23th November 2021
Coming into force 24th November 2021
The Secretary of State, in exercise of the powers conferred by sections 1, 8(1), 15(5), 17(1), 23 and 25 of the Animal Health Act 19811, makes the following Order.
Citation and commencement
1. This Order may be cited as the Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021 and comes into force on 24th November 2021.
The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006
2. The Avian Influenza (H5N1 in Wild Birds) (England) Order 20062is amended as follows.
Amendment to article 2 (interpretation)
3. In article 2 (interpretation)—
(a) after the definition of “hatching egg” insert—
““” means any influenza A virus—
(a) of the subtype H5 or H7, or
(b) with an intravenous pathogenicity index in six-week-old birds greater than 1.2,
which is capable of having a significant impact on public health; ;”;
(b) in the definition of “wild bird control area” omit “or 5(3)”;
(c) in the definition of “wild bird monitoring area” omit “or 5(3)”.
Amendments to article 5 (confirmation or suspicion of H5N1 in wild birds)
4. In article 5 (confirmation or suspicion of H5N1 in wild birds)—
(a) in paragraph (1)(b)—
(i) in paragraph (i), omit “or”;
(ii) at the end of paragraph (ii), insert ;
(iii) after paragraph (ii), insert—
“(iii)
“(iii) she suspects an avian influenza of public health concern found in wild birds may be present.”;
(b) for paragraph (2) substitute—
“2 Where this article applies, the Secretary of State, after considering a risk assessment which takes into account the factors in paragraph (2A) may declare—
(a) a wild bird monitoring area or a wild bird monitoring area, or
(b) a wild bird control area and a wild bird area.”;
(c) after paragraph (2) insert—
“2A The risk assessment referred to in paragraph (2) must, amongst other considerations, take into account—
(a) the geographical features of the proposed area;
(b) any administrative boundaries;
(c) any limnological, ecological and epizootic factors;
(d) any monitoring facilities.”;”.
(d) omit paragraphs (3), (4) and (5);
(e) in paragraph (6) omit “, (3)(a) or (3)(b)”;
(f) in paragraph (7) omit “, (3)(a) or (3)(b)”.
Amendment to article 6 (extent of wild bird control and monitoring areas)
5. In article 6 (extent of wild bird control and monitoring areas)—
(a) in paragraph (9), for “article 5(3)” substitute ;
(b) for paragraph (10) substitute—
“10 Where an area declared under article 5(2) would otherwise include land in Scotland or Wales, the area declared must extend only to such part of that land as is in England.”.
Amendment to article 8 (measures applicable in a wild bird control area or monitoring area)
6. In article 8...
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