The Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006

Restrictions at contact premises

27.—(1) The provisions of Schedule 1 apply to contact premises until the Secretary of State notifies the occupier that those restrictions are withdrawn or that the premises are infected premises.

(2) The Secretary of State may, by notice to the occupier of contact premises, also require the occupier to comply with one or more of the requirements of Schedule 2.

(3) When considering whether to require an occupier to comply with any of the requirements of Schedule 2, the Secretary of State must take at least the following criteria into account—

(a)the existence of any clinical signs of avian influenza in any birds on the contact premises;

(b)the susceptibility to avian influenza of the species of poultry on the contact premises;

(c)any movements of poultry or other captive birds from infected premises to the contact premises after the earliest date a veterinary inspector considers avian influenza may have been introduced to the infected premises;

(d)the density of poultry in the area where the contact premises are located;

(e)the duration of the outbreak of avian influenza and its spread from infected premises;

(f)the proximity of the contact premises to infected premises;

(g)epidemiological links between the contact premises and infected premises;

(h)the extent to which measures to control the outbreak are working.

(4) When considering the proximity of the contact premises to infected premises under sub-paragraph 3(f), the Secretary of State must give particular consideration to whether she should impose measures on premises which are—

(a)within 500 metres of infected premises; or

(b)which are 500 metres or more from infected premises but are in an area with a high density of poultry.

(5) When considering epidemiological links between the contact premises and infected premises in accordance with sub-paragraph (3)(g), the Secretary of State must give particular consideration to whether she should impose measures on premises with links to more than one infected premises.

(6) If the Secretary of State requires poultry or other captive birds on a contact premises to be killed, she must ensure that samples are taken from the dead birds and tested for avian influenza.