UK Offence Report

The Avian Influenza (Preventive Measures) (No 2) Regulations 2005

UK Statutory Instrument 2005 No. 3394 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
8 December 2005
In force from
9 December 2005
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and replace the Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989) (“the main Regulations”) and the Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990) (“the Zoos Regulations”). The measures introduced by the main Regulations and the Zoos Regulations are combined and largely reproduced in these Regulations, with the following changes: the reference in the main Regulations to Commission Decision 2005/734/EC (OJ No. L274, 20.10.2005, p. 105) is updated to include reference to amending Commission Decision 2005/855 (OJ No. L 316, 2.12.2005, p. 21); February 28, 2006 is specified as the date by which information on commercial poultry premises must be notified to the Secretary of State (regulation 6(2)); and regulation 13(1) sets out the penalties for committing an offence under the Regulations. It provides for imprisonment up to 3 months on summary conviction. Regulation 10(1)(h) of the main Regulations and regulation 7(1)(h) of the Zoos Regulations incorrectly applied the offence provision in section 75 of the Act, which provides for imprisonment for up to six months. These Regulations continue to give effect to— Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (OJ No L 274, 20.10.2005, p. 105), as amended by Commission Decision 2005/745/EC (OJ No L 279, 22.10.2005, p. 79) and Commission Decision 2005/855/EC (OJ No L 316, 2.12.2005, p. 21); and 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 (OJ No. L 279, 22.10.2005, p. 75). These Regulations require the Secretary of State to evaluate the risk of the transmission of avian influenza virus and to take appropriate measures to reduce that risk (regulation 4(1) and (2)). Regulation 4(2) and (3) provides for the Secretary of State to declare avian influenza prevention zones or to serve notices on premises at risk and lists the measures which may be imposed in zones and premises. These include the housing of poultry and the feeding of poultry indoors. Regulation 5 prohibits the holding of poultry gatherings unless they are licensed by the Secretary of State after a risk assessment. Regulation 6(1) requires keepers of 50 or more poultry to keep written records of their poultry and of other information, including whether poultry have access to the open air. Regulation 6(2) requires keepers to notify the Secretary of State of this information by 28 February 2006. Regulation 7 allows the Secretary of State to require other keepers to provide some or all of this information is she considers this necessary. Regulation 8 relates to the monitoring of premises where birds are kept. Regulations 9 and 10 provide for measures to be taken in zoos. They require the Secretary of State 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 9(1) and (2)). Regulation 9(2) provides for the Secretary of State to declare avian influenza prevention (zoos) zones or to serve notices of restrictions on premises. Regulation 9(3) sets out the measures which may be applied. Regulation 10 provides for the Secretary of State to vaccinate or require the vaccination of susceptible birds in zoos if she thinks it necessary. Regulations 11 to 14 provide a duty to comply with restrictions and set out measures on enforcement and offences. Regulation 13 provides for provisions in the Animal Health Act 1981 relating to enforcement and offences to apply to these Regulations. Regulation 14 provides default powers for inspectors in case of any breach of the Regulations. A regulatory impact assessment has not been prepared in respect of these Regulations.

Offences created by this instrument

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