Citation and commencement

1.  These Regulations may be cited as the Avian Influenza (Preventive Measures in Zoos) Regulations (Northern Ireland) 2005 and come into operation on 4th November 2005.

Interpretation

2.—(1) In these Regulations—

“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 (zoo) zone” means any area or zoo declared as such under regulation 4(2)(a);

“the Commission Decision” means Commission Decision 2005/744/EC laying down the requirements for the prevention of highly pathogenic avian influenza virus caused by influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member States(5);

“Council Directive” means Council Directive 92/65/EEC(6) of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC

“the Department” means the Department of Agriculture and Rural Development;

“general licence” means a licence issued under these Regulations which applies to all persons, or any class of persons specified therein;

“inspector” means an inspector appointed by the Department under these Regulations or under the Order;

“the Order” means the Diseases of Animals (Northern Ireland) Order 1981(7);

“other captive bird” means any bird kept in captivity other than poultry, including birds kept for shows, races, exhibitions and competitions (such as ornamental birds and racing pigeons);

“poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other commercial products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

“premises” means land, with or without buildings;

“specific licence” means a licence issued under these Regulations which only applies to the applicant therefor;

“susceptible bird” means any species of bird that is likely to be susceptible to avian influenza and which is not intended for the production of animal products;

“restrictions notice” means a notice served under regulation 4(2)(b);

“zoo” means—

(2) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Assembly.

Licences, notices and declarations

3.—(1) A notice or declaration under these Regulations shall be in writing, may be subject to conditions and may be amended, suspended or revoked in writing at any time.

(2) A licence under these Regulations shall be in writing, may be subject to conditions and may be either a general licence or a specific licence.

(3) A general licence shall be issued by the publication of it in such manner and to such extent as appears to the Department to be sufficient to bring it to the notice of those persons likely to be affected by it.

(4) The Department may amend, suspend or revoke any licence under these Regulations—

(a)in the case of a general licence, by a notice published so far as is practicable, in the same manner and to the same extent as the licence; and

(b)in the case of a specific licence, by a notice served on the person to whom the licence was issued.

(5) The Department may amend, suspend or revoke a general licence insofar as it applies to any particular person by notice served on that person.

(6) The Department shall take such steps as it considers necessary to ensure that notices or declarations are brought to the attention of those who may be affected by them and, in particular, shall ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and revocation (and any suspension of it) are publicised.

Risk assessment and imposition of restrictions

4.—(1) The Department shall evaluate the risk of the transmission of avian influenza virus (in particular virus of the subtype H5N1) from wild birds to susceptible species in zoos, taking into account the criteria and risk factors set out in Annex I to the Commission Decision.

(2) Having carried out such an evaluation, the Department shall, if it considers it necessary to reduce the risk of such transmission—

(a)declare an avian influenza prevention (zoos) zone in all or part of Northern Ireland; and

(b)serve or cause an inspector to serve a restrictions notice on the owner or occupier of any zoo where susceptible birds are kept.

(3) The Department shall, in a declaration of an avian influenza prevention (zoos) zone or in a restrictions notice, impose such of the following requirements as it considers necessary on zoos in the zone or the subject of a notice—

(a)susceptible birds must be housed or otherwise kept separate from wild birds;

(b)susceptible birds must not be exposed to risk of exposure to the faeces of wild birds or other material that may have been contaminated with avian influenza virus by wild birds;

(c)domestic ducks and geese must be kept separate from other susceptible birds;

(d)susceptible birds must be fed and provided with drinking water indoors or under a shelter which prevents wild birds from gaining access to the food or water supply;

(e)persons other than keepers of the birds must be prohibited from having access to areas where susceptible birds are kept;

(f)the keeper of susceptible birds must take appropriate biosecurity measures in such areas and when entering and leaving such areas;

(g)such other requirements as the Department considers necessary to reduce the risk of transmission of avian influenza from wild birds to susceptible birds in zoos.

(4) A declaration of an avian influenza prevention (zoos) zone shall—

(a)specify the boundaries of the zone; and

(b)specify the restrictions and requirements which apply in the zone.

(5) The Department may, in accordance with Article 2 of the Commission Decision, declare that certain premises are exempt from such requirements or restrictions.

(6) A person to whom restrictions or requirements in a declaration or a notice under these Regulations apply shall, subject to any exception under paragraph (5), comply with such restrictions or requirements, except to the extent that he is authorised to do otherwise by a licence issued by the Department.

Vaccination of susceptible birds

5.—(1) Following a risk assessment, the Department shall if it considers it necessary to reduce the risk of transmission of avian influenza, vaccinate or require the vaccination of susceptible birds in zoos.

(2) If vaccination under paragraph (1) is not carried out by the Department, it shall be carried out in accordance with instructions issued by it.

Powers of inspectors

6.—(1) An inspector may enter any premises for the purpose of ascertaining whether these Regulations or any declaration, notice or licence under them are being or have been complied with and may—

(a)inspect and copy any records (in whatever form they are held) kept under these Regulations, or remove such records to enable them to be copied;

(b)inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require (including providing him with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(c)mark any bird or other thing for identification purposes; and

(d)take with him such persons and equipment as he considers necessary.

(2) A person who defaces, obliterates or removes any mark applied under paragraph (1)(c) shall be guilty of an offence.

(3) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

Enforcement and offences

7.  The following provisions of the Order shall apply as if these Regulations were an order made under the Order—

(a)Article 42 (functions of constables)

(b)Article 52 (offences)

(c)Article 54 (defences and evidence)

(d)Article 55 (extension of time for bringing summary proceedings)

(e)Article 56 (venue)

Powers of inspectors in case of default

8.—(1) If a person fails to comply with a restriction or requirement of these Regulations or of a licence, notice or declaration under them, an inspector may take any steps he considers necessary to ensure the restriction or requirement is complied with, including—

(a)seizing, detaining or disposing of any bird moved, kept or otherwise dealt with in breach of these Regulations and of any such licence, notice or declaration; and

(b)directing a person to take or refrain from any specified action in respect of any place, bird, animal, vehicle, product or other thing.

(2) Any steps taken are without prejudice to proceedings for an offence arising out of the default.

(3) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such reimbursement is recoverable summarily.

Explanatory Note

(This note is not part of the Order)

These Regulations bring into force Commission Decision 2005/744/EC laying down the requirements for the prevention of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member States (O.J. No. L 279, 22.10.2005, p. 75).

They require the Department to evaluate the risk of the transmission of avian influenza virus to susceptible birds in zoos and to take appropriate measures to reduce such risk (Regulation 4(1) and (2)).

Regulation 4(2) provides for the Department to declare avian influenza prevention (zoos) zones or to serve notices of restrictions on premises. Regulation 4(3) sets out the measures which may be applied.

Regulation 5 provides for the Department to require vaccination of susceptible birds in zoos if it thinks necessary.

Regulations 6, 7 and 8 deal with the powers of inspectors appointed by the Department and with enforcement.