The Avian Influenza (Preventive Measures) (No 2) Regulations 2005

These Regulations revoke and replace the Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989) (“the main Regulations”) and the Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990) (“the Zoos Regulations”). The measures introduced by the main Regulations and the Zoos Regulations are combined and largely reproduced in these Regulations, with the following changes:the reference in the main Regulations to Commission Decision 2005/734/EC (OJ No. L274, 20.10.2005, p. 105) is updated to include reference to amending Commission Decision 2005/855 (OJ No. L 316, 2.12.2005, p. 21);February 28, 2006 is specified as the date by which information on commercial poultry premises must be notified to the Secretary of State (regulation 6(2)); andregulation 13(1) sets out the penalties for committing an offence under the Regulations. It provides for imprisonment up to 3 months on summary conviction. Regulation 10(1)(h) of the main Regulations and regulation 7(1)(h) of the Zoos Regulations incorrectly applied the offence provision in section 75 of the Act, which provides for imprisonment for up to six months.

Author: Ben Bradshaw, Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

Last modified: 2010-07-16