Article 4 Amendments to article 5 (confirmation or suspicion of H5N1 in wild birds)

In article 5 (confirmation or suspicion of H5N1 in wild birds)—

(a)

in paragraph (1)(b)—

(i)

in paragraph (i), omit “or”;

(ii)

at the end of paragraph (ii), insert “; or”;

(iii)

after paragraph (ii), insert—

“(iii)
she suspects an avian influenza of public health concern found in wild birds may be present.”;

(b)

for paragraph (2) substitute—

“(2)
Where this article applies, the Secretary of State, after considering a risk assessment which takes into account the factors in paragraph (2A) may declare—

(a)
a wild bird monitoring area or a wild bird monitoring area, or

(b)
a wild bird control area and a wild bird area.”;

(c)

after paragraph (2) insert—

“(2A)
The risk assessment referred to in paragraph (2) must, amongst other considerations, take into account—

(a)
the geographical features of the proposed area;

(b)
any administrative boundaries;

(c)
any limnological, ecological and epizootic factors;

(d)
any monitoring facilities.”;”.

(d)

omit paragraphs (3), (4) and (5);

(e)

in paragraph (6) omit “, (3)(a) or (3)(b)”;

(f)

in paragraph (7) omit “, (3)(a) or (3)(b)”.