Regulation 5 Decision to require emergency vaccination

(1)

Where the condition in paragraph (2) is fulfilled, the National Assembly must, if it considers necessary to reduce the risk of the spread of avian influenza—

(a)

declare an emergency vaccination zone in all or part of Wales, where these areas contain poultry or other captive birds which it considers should be vaccinated; or

(b)

serve an emergency vaccination notice on the occupier of any premises where poultry, other captive birds or any category of poultry or other captive bird which it considers should be vaccinated, are kept.

(2)

The condition referred to in paragraph (1) is that the National Assembly has carried out a risk assessment which indicates that there is a significant and immediate threat of avian influenza spreading within or into Wales following—

(a)

an outbreak of avian influenza within the United Kingdom;

(b)

an outbreak of avian influenza within a nearby Member State; or

(c)

confirmation of the presence of avian influenza in poultry or other captive birds in a nearby third country.

(3)

Any premises which are partly inside and partly outside an emergency vaccination zone are deemed to be wholly within it.