Title, commencement and extent

1. This Order may be cited as the Avian Influenza and Newcastle Disease (England and Wales) Order 2003, comes into force on the day after the day on which it is made and extends to England and Wales.

Application of section 16A of the Animal Health Act 1981

2. Avian influenza and Newcastle disease are specified as diseases to which section 16A of the Animal Health Act 1981 (slaughter of vaccinated animals) applies( 2 ).

Definition of disease in section 62D of the Animal Health Act 1981

3. For the purposes of section 62D(2) of the Animal Health Act 1981(tests and samples: power of entry), disease includes avian influenza and Newcastle disease.

Amendments to Schedule 3 to the Animal Health Act 1981

4. —(1)Schedule 3 to the Animal Health Act 1981 is amended in accordance with the provisions of this article.

(2) After paragraph 5(1)(a), “or” is deleted.

(3) After paragraph 5(1)(b), the following is inserted—

“ (c) any poultry the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease. ” .

(4) After paragraph 5(1), the following is inserted—

“ (1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not poultry–

(a) are affected with avian influenza or Newcastle disease or suspected of being so affected;

(b) are or have been in contact with poultry so affected;

(c) have been exposed to the infection of avian influenza or Newcastle disease;

(d) have been treated with vaccine against avian influenza or Newcastle disease. ” .