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8.—(1) This regulation applies if the Department confirms that—
(a)highly pathogenic avian influenza virus of the H5 subtype is present in poultry or in a poultry carcase in Northern Ireland; and
(b)the neuraminidase virus type is N1.
(2) The Department must declare a restricted zone under regulation 28(5) of the Avian Influenza Regulations if the poultry or carcase in which highly pathogenic avian influenza of subtype H5N1 is confirmed was found—
(a)in Northern Ireland; or
(b)in such area of the Republic of Ireland as the Department considers represents a risk of the disease spreading to Northern Ireland.
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