# The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021, Note: Explanatory note


(This note is not part of the Order)
This Order, which applies in England only, amends the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 (S.I. 2006/3249) (“the principal Order”).
It replaces the obligation on the Secretary of State to declare a wild bird control area or a wild bird monitoring area, or both, in certain circumstances with a discretion to do so (article 5).
The circumstances in which such a declaration may be made now include where the Chief Veterinary Officer advises the Secretary of State that the avian influenza virus of the H5 subtype is present in a wild bird or the carcase of a wild bird in Great Britain and she suspects an avian influenza of public health concern found in wild birds may be present.
Article 3 amends article 2 of the principal Order to include a definition of “avian influenza of public health concern found in wild birds”.
Article 5 and 6 make consequential amendments to articles 6 and 8 of the principal Order.
Article 7 amends the restriction in article 12(1) of the principal Order which prohibits the Secretary of State from amending the declaration of a wild bird control area so that it becomes part of the wild bird monitoring area or revoking the declaration of either area within a specified timeframe. The prohibition is disapplied (by an amendment to article 12(4) of the principal Order) where, on the basis of a risk assessment, the Chief Veterinary Officer is satisfied that the strain of avian influenza present in a wild bird or carcase is not an avian influenza of public health concern found in wild birds.
A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.

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