Statutory Instruments
2010 No. 108
Animals, England
Animal Health
The Poultry Compartments (England) Order 2010
Made
21st January 2010
Coming into force
15th March 2010
The Secretary of State, in whom the powers conferred by sections 1, 8(1) and 83(2) of the Animal Health Act 1981 are now vested , makes the following Order in exercise of those powers and the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972 .
The Secretary of State considers it expedient that references to the Community instrument implemented by these Regulations should have effect as references to that instrument as amended from time to time.
Title, application and commencement
1. This Order—
(a) may be cited as the Poultry Compartments (England) Order 2010;
(b) applies in England; and
(c) comes into force on 15th March 2010.
Competent authority
2. The Secretary of State is the competent authority for the purposes of Commission Regulation EC (No) 616/2009 implementing Council Directive poultry compartments and other captive bird compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments as amended from time to time.
Applications
3. Applications for approval of compartments must be made on the forms provided by the Secretary of State on the Department for Environment, Food and Rural Affairs website.
Power of inspectors
4. —(1) An inspector may, for any purpose relating to this Order—
(a) enter any premises approved as a compartment under this Order and any administrative site which contains records relevant to the approval of a site as a compartment;
(b) require the keeper to produce or copy any document or record;
(c) remove and retain a copy of any document or record;
(d) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records;
(e) where a record is kept by means of a computer, require the record to be produced in a form which may be taken away;
(f) be accompanied by ... any people or things the inspector considers necessary.
(2) A person required to do anything by an inspector acting under paragraph (1) must, unless they have reasonable cause, do so without delay.
(3) For the purposes of this article an inspector means any person approved as an inspector under the Animal Health Act 1981.
Inspections
5. —(1) The Secretary of State must inspect all production sites before approving them as a compartment or part of a compartment.
(2) Once production sites are approved as compartments the Secretary of State must reinspect those sites at intervals determined by an assessment of risk associated with each premises.
(3) When inspecting production sites the Secretary of State must also inspect administrative sites which hold records relevant to the approval of these production sites as compartments or parts of compartments.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs