Decision to require preventive vaccination
13.—(1) Where the conditions in paragraph (2) are fulfilled, the Scottish Ministers must, if they consider it necessary to reduce the risk of the spread of avian influenza–
(a)declare a preventive vaccination zone in all or part of Scotland, where these areas contain poultry or other captive birds which they consider should be vaccinated; or
(b)serve a preventive vaccination notice on the occupier of any premises where poultry, other captive birds or any category of poultry or other captive bird which they consider should be vaccinated, are kept.
(2) The conditions referred to in paragraph (1) are–
(a)a risk assessment has been carried out by the Scottish Ministers which indicates that all or certain areas of Scotland, types of poultry husbandry or types of poultry or other captive birds are exposed to the risk of avian influenza; and
(b)a preventive vaccination plan has been submitted to and approved by the Commission in accordance with Articles 56 and 57 of the Directive.
(3) Any premises which are partly inside and partly outside a preventive vaccination zone are deemed to be wholly within it.