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

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Derogations from restrictions applicable at suspect premises

11.—(1) A veterinary inspector or an inspector acting under his or her authority may, in a notice served under article 10 or by licence, grant derogations from paragraphs 2 to 4 of Schedule 1.

(2) The National Assembly must not grant such a derogation unless it has considered—

(a)the risk of the possible spread of avian influenza were the derogation to be granted;

(b)any precautionary measures which have been or which could be taken; and

(c)the destination of any birds or things which would be moved were the derogation to be granted.

(3) A veterinary inspector (or an inspector acting under the authority of a veterinary inspector) may, in a notice served under article 10 or by licence, also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1, but must not do so unless—

(a)the premises the subject of the derogation are non–commercial premises;

(b)the premises contain other captive birds but no poultry;

(c)he or she has considered the risk of the possible spread of avian influenza were the derogation to be granted and any precautionary measures which have been or which could be taken.

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