The Diseases of Poultry Order 1994

Restrictions on movement of poultry

5.—(1) If an inspector is aware of notification given under article 4 above or has other reasonable grounds for suspecting that a disease exists or has existed on any premises, he shall, by notice served on the occupier or person in charge of the premises impose the restrictions and requirements contained in Part I of Schedule 1 to this Order.

(2) Upon the presence of the disease being confirmed by the Chief Veterinary Officer or by a person authorised by him, a veterinary inspector—

(a)in the case of poultry as defined in article 3(2) above, shall, and

(b)in the case of racing pigeons or other captive birds, may

by notice served on the occupier or person in charge of the premises, impose in addition the restrictions and requirements contained in Part II of Schedule 1 to this Order.

(3) The person upon whom a notice under this article has been served shall take all reasonable steps to ensure that the notice is complied with unless he is authorised by licence issued by a veterinary inspector to do any thing which would otherwise be a breach of this Order.

(4) If any person fails to comply with any restriction or requirement imposed by a notice served under this article, an inspector or other officer of the Minister or an inspector of the local authority may, without prejudice to any proceedings for an offence arising out of such contravention or default, seize or cause to be seized anything which has been moved in contravention of the notice and detain it at such place as he shall consider appropriate until the notice is withdrawn, or as the case may be, take such other action as may be necessary so as to ensure that any restriction or requirement imposed by the notice is complied with or carried out.

(5) A person failing to comply with a notice under this article shall be liable for any costs incurred under paragraph (4) above.

(6) Until such time as a notice under this article is served, a person who has in his possession or under his charge poultry suspected of having a disease shall take all reasonable steps to ensure that the restrictions and requirements contained in Part I of Schedule 1 to this Order are complied with.