The Avian Influenza (H5N1 in Poultry) (England) Order 2006

Licences, notices and designations under this Order

3.—(1) Licences granted under this Order—

(a)must be in writing;

(b)may be general or specific;

(c)may be made subject to such conditions as the person granting the licence considers necessary to control avian influenza; and

(d)may be amended, suspended or revoked, in writing, at any time.

(2) A veterinary inspector or an inspector acting under the direction of a veterinary inspector must not license a movement under article 9, 10, 11 or 14 unless he has taken account of the relevant risk assessment.

(3) In paragraph (2), “the relevant risk assessment” means the Secretary of State’s assessment of the risk that the particular movement or a movement of that type would spread avian influenza.

(4) Notices under this Order—

(a)may be amended or revoked, by further notice, at any time;

(b)must, if they apply only to part of premises, specify to which part they apply.

(5) Designations under this Order—

(a)must be in writing;

(b)may be made subject to such conditions as the Secretary of State considers necessary to control avian influenza; and

(c)may be amended, suspended or revoked in writing at any time.

(6) Unless the Secretary of State directs otherwise by notice to the occupier of the premises, the following premises are deemed to be designated for the purposes of this Order—

(a)premises designated under article 71 of the Avian Influenza Order;

(b)premises deemed to be so designated under article 4(7) of that Order;

(c)the following plants, if approved under regulation 14 of the Animal By-Products Regulations 2005(1)—

(i)incineration plants;

(ii)processing plants;

(iii)oleochemical plants;

(iv)biogas plants;

(v)composting plants;

(vi)petfood plants;

(vii)technical plants.

(7) Premises in Scotland, Wales and Northern Ireland designated respectively by the Scottish Ministers, the National Assembly or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the Secretary of State for the purposes of this Order.

(8) Licences granted in Scotland or Wales for activities which could be licensed in England under this Order have effect in England as if they were licences granted under this Order but an inspector acting under the direction of the Secretary of State may serve a notice on any person moving any thing under the authority of such a licence, requiring him to move it or to keep it on premises specified in the notice or to move it out of England.

(9) A person moving anything under the authority of a specific licence granted under this Order must—

(a)keep the licence or a copy of it with him at all times during the licensed movement;

(b)on demand by a veterinary inspector, other officer of the Secretary of State or by a local authority inspector, produce the licence or copy and allow a copy or extract to be taken; and

(c)on such demand, provide his name and address.

(10) A person moving anything under the authority of a general licence granted under this Order must—

(a)carry with him, at all times during the licensed movement, a consignment note which contains details of—

(i)what is moved, including its quantity;

(ii)the date of the movement;

(iii)the name of the consignor;

(iv)the address of the premises from which the movement started;

(v)the name of the consignee;

(vi)the address of the premises of destination;

(b)on demand by a veterinary inspector, other officer of the Secretary of State or by a local authority inspector, produce the consignment note and allow a copy or extract to be taken; and

(c)on such demand, provide his name and address.