# The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021, 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)”.

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Source: https://www.legislation.gov.uk/uksi/2021/1305/article/4 (the official version)
Page: https://openlegislation.uk/avian-influenza-h5n1-in-wild-birds-england-amendment-order-2021/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.