Made | 9th February 2007 | ||
Coming into operation | 10th February 2007 |
1. | Citation and commencement |
2. | Interpretation |
3. | Notices and licences |
4. | Production of a licence |
5. | Identification of poultry premises |
6. | Restriction on vaccination of zoo birds |
7. | Vaccination of zoo birds |
8. | Slaughter of vaccinated birds |
9. | Powers of entry |
10. | Restrictions relating to vaccinated zoo birds |
11. | Surveillance at zoos |
12. | Failure to vaccinate birds |
13. | General duties relating to execution of these Regulations |
14. | Production of records |
15. | Change of occupation of premises under restriction |
16. | Powers of inspectors |
17. | Powers of inspectors in case of default |
18. | Offences and proceedings |
19. | Revocations |
(2) The Interpretation Act (Northern Ireland) 1954[6] shall apply to these Regulations as it applies to an Act of the Assembly.
Notices and licences
3.
—(1) A notice served by the Department under these Regulations—
(2) Where a notice is served on any person under these Regulations, he shall comply with the requirements or restrictions thereof.
(3) A licence granted under these Regulations—
(4) A general licence shall be issued by the publication of it in such manner and to such extent as appears to the Department to be sufficient to bring it to the notice of those persons likely to be affected by it.
(5) The Department may amend, suspend or revoke any licence under these Regulations—
(6) The Department may amend, suspend or revoke a general licence insofar as it applies to any particular person by notice served on that person.
Production of a licence
4.
—(1) A person moving any thing under the authority of a specific licence must—
(2) A person moving any thing under the authority of a general licence must—
(b) on demand by an inspector produce the consignment note and allow a copy or extract to be taken; and
(c) on such demand, provide his name and address.
Identification of poultry premises
5.
—(1) Subject to paragraph (4), a person who, on the date these Regulations come into force, is the keeper of poultry on any premises shall, within 30 days of that date give notice to the Department containing particulars of—
(c) the contact telephone number for the owner or keeper and (if different) the premises;
(d) the species kept at the premises;
(e) the husbandry system or systems in use at the premises, including whether poultry are kept for the production of—
(f) the number of each species of poultry usually kept at the premises;
(g) the incubator capacity of any hatchery;
(h) details of any seasonal stocking variations which might result in significant differences in the numbers or species of poultry on the premises;
(i) the number of each species of poultry with access to the open air; and
(j) the presence on or in the vicinity of the premises of any body of water which attracts wild birds.
(2) Notwithstanding paragraphs (1), (3) and (4) the Department may, by notice, require any person, to give such other information or particulars as it requires to carry out functions under these Regulations or The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007[10].
(3) Subject to paragraph (4), a person who becomes the keeper of poultry at any premises after the date these Regulations come into force must notify the information referred to in paragraph (1) to the Department in writing within 30 days of becoming so.
(4) Paragraph (1) does not apply to any person who notified the Department under regulation 6(1) of the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2005[11].
(5) Where in relation to any premises on which poultry is kept there is a change in the number referred to in paragraph (1)(f) or (i), by an increase or decrease of 20% or more, unless this is due to usual management fluctuations, the keeper shall notify the Department within 30 days of such change occuring.
(6) Any person who is required to give particulars or information under this regulation shall keep a copy thereof for such period as the Department may require.
(7) In this regulation—
Restriction on vaccination of zoo birds
6.
—(1) A person shall not vaccinate any zoo bird except where required by an inspector or under the authority of and in accordance with the conditions of a licence granted by the Department.
(2) The prohibition in paragraph (1) does not apply to—
Vaccination of zoo birds
7.
—(1) If the condition in paragraph (2) is fulfilled, the Department may—
(2) The condition is that the Department has carried out a risk assessment and considers there is a risk that disease will be transmitted to zoo birds or to categories of such birds.
(3) As part of its risk assessment, the Department must consider whether a zoo is—
(4) The Department shall specify in a notice or licence under this regulation—
(5) The Department shall ensure that vaccination is carried out in accordance with the preventive vaccination plan approved by the European Commission under Article 5 of Commission Decision 2006/474/EC[14] concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the member States and repealing Decision 2005/744/EC.
Slaughter of vaccinated birds
8.
—(1) The Department may slaughter or cause to be slaughtered any zoo bird which has been treated with vaccine for the purpose of preventing the spread of disease.
(2) The power conferred by this regulation extends to taking any action—
(3) Compensation shall be paid in respect of any bird slaughtered under this regulation and that compensation shall be the value of the bird immediately before it was slaughtered.
(4) For the purposes of this regulation, the Diseases of Animals (Valuation) Order (Northern Ireland) 1989[15] applies to birds slaughtered under this regulation as it applies to birds slaughtered under the 1981 Order.
Powers of entry
9.
—(1) An inspector may at any time enter any premises for the purpose of—
(2) The occupier of a zoo or keeper of a zoo bird or carcase of a zoo bird must provide such reasonable facilities and comply with such reasonable requirements of the inspector as may be necessary to facilitate the exercise of his powers under paragraph (1).
Restrictions relating to vaccinated zoo birds
10.
—(1) A person shall not move any vaccinated zoo bird except under the authority of and in accordance with the conditions of a licence granted by the Department.
(2) The Department may only licence the movement of vaccinated zoo birds—
(3) The Department shall not licence a movement to another member State or to a third country unless its competent authority has authorised the movement.
(4) An inspector must supervise any movement licenced under paragraph (2) while the bird is in Northern Ireland.
(5) A person shall not release any vaccinated zoo bird into the wild except under the authority of and in accordance with the conditions of a licence granted by the Department.
(6) A person shall not supply or sell, for human consumption, any product from a vaccinated zoo bird.
(7) In this regulation, "competent authority" means—
Surveillance at zoos
11.
The Department must ensure that such surveillance for disease as it considers necessary to limit the spread of disease is carried out at any zoo where birds have been vaccinated.
Failure to vaccinate birds
12.
A person who knows or suspects that any bird has not been vaccinated as required by the Department must immediately notify the Divisional Veterinary Officer of the Department for the area in which that bird is located.
General duties relating to execution of these Regulations
13.
—(1) A person required to give assistance or information to an inspector must, unless he has reasonable cause, do so without delay.
(2) A person shall not alter, deface, obscure or remove any mark applied by an inspector under regulation 16.
(3) A person shall not provide information which he knows to be false or misleading to an inspector.
(4) The costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, must be met by that person unless the Department directs otherwise in writing.
Production of records
14.
—(1) A person required to produce a record on demand made by an inspector must do so without delay.
(2) On production of the record, an inspector may—
Change of occupation of premises under restriction
15.
—(1) This regulation applies if the keeper of any zoo bird, poultry or any other captive bird is unable to move it from premises on the termination of his right of occupation because of a movement restriction imposed under these Regulations and continues to apply for seven days after any such restriction has been removed.
(2) The person entitled to occupation of the premises following that termination must—
(3) If the keeper is unable or unwilling to feed or tend any zoo bird, poultry or any other captive bird, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.
(4) The keeper of any zoo bird, poultry or any other captive bird is liable to pay the reasonable costs incurred by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.
Powers of inspectors
16.
An inspector may—
Powers of inspectors in case of default
17.
—(1) Where a person fails to comply with a requirement of these Regulations, an inspector may take any steps he considers necessary to ensure the requirement is met.
(2) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such amount is recoverable summarily.
(3) An inspector's powers under paragraph (1) include powers to—
Enforcement, offences and proceedings
18.
The following provisions of the 1981 Order shall apply as if these Regulations were an order made under the 1981 Order—
Revocations
19.
The Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2005[17] and the Avian Influenza (Preventive Measures in Zoos) Regulations (Northern Ireland) 2005[18] are revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 9th February
L.S.
E. Redmond
A senior officer of the Department of Agriculture and Rural Development
Regulations 1 to 4 contain introductory provisions on notices and licences.
Regulation 5 requires a keeper of poultry or captive birds to submit certain information to the Department within specified time limits and keep records of that information.
Regulations 6 to 12 relate to the vaccination of zoo birds. Regulation 6 contains a general prohibition on unauthorised vaccination of zoo birds. Regulation 7 specifies the conditions for vaccination of zoo birds, and regulation 8 enables the slaughter of vaccinated birds. Regulation 9 gives an inspector the power to enter premises. Regulation 10 sets out restrictions on the movement of vaccinated zoo birds. Regulation 11 requires the Department to carry out surveillance at any zoo where birds have been vaccinated and regulation 12 requires the Department to be notified of any bird that has not been vaccinated as required under the regulation.
Regulations 13 to 15 place general obligations on those bound by these Regulations.
Regulations 16 to 18 deal with powers of inspectors and offences.
[3] S.R. & O. (N.I.) 1972 No 16 as amended by S.R. 1975 No. 69, S.R. 1995 No. 467 and S.R. 2006 No. 42back
[4] 1981 No. 1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Article 17 and S.I.1994/1891 (N.I. 6) Articles 19 to 23back
[5] O.J. No. L 268, 14.9.1992, p. 54, as last amended by Corrigendum to Council Directive 2004/68/EC (O.J. No. L 226 25.6.2004, p. 128)back
[7] S.R. 1998 No. 279 as amended by S.R. 1999 No. 324 and S.R. 2004 No. 420back
[9] S.R. 2005 No. 535 as amended by S.R. 2006 No. 508back
[14] O.J. No. L187, 8.7.2006, p. 37back
[16] O.J. No. L10, 14.1.2006, p. 16back