The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

Maintenance of Areas

12.—(1) If the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that the avian influenza virus of sub type H5 present in the wild bird or carcase referred to in article 5 is of neuraminidase N1, the Scottish Ministers must not–

(a) amend any declaration made under article 5 so that the wild bird control area becomes part of the wild bird monitoring area until at least 21 days have elapsed from the date on which the sample showing the presence of the H5 virus was collected from that wild bird or carcase except where the conditions in paragraph (2) are fulfilled; or

(b) revoke any declaration made under article 5 until at least 30 days have elapsed from that date.

(2) The conditions referred to in paragraph (1)(a) are–

(a) the Scottish Ministers have carried out an assessment of the risk of the possible spread of avian influenza, taking into account the factors listed in article 6(3), which indicates that the amendment of the declaration would not endanger disease control;

(b) the Scottish Ministers have identified premises where poultry are kept within the control area, in accordance with article 11(1)(a); and

(c) a veterinary inspector has carried out at least one visit to each of those premises in accordance with article 11(1)(b) and the results of any laboratory tests carried out on samples taken from poultry or other captive birds on those premises in accordance with article 11(2)(a) have not given rise to the service of a notice under article 10(1) (notice of restrictions where avian influenza is suspected on premises) of the Avian Influenza Order.

(3) The Scottish Ministers may amend any declaration so that a wild bird control area becomes part of the wild bird monitoring area before 21 days have elapsed from the date referred to in paragraph (1)(a), provided that where article 6(5) and (6) apply the wild bird control area remains of a size required under those provisions and provided that the wild bird monitoring area continues to meet the requirements of article 6(8).

(4) If the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that in the opinion of the Chief Veterinary Officer (Scotland) the avian influenza virus of sub type H5 present in the wild bird or carcase referred to in article 5 is not of neuraminidase N1, the Scottish Ministers must revoke any declaration made under article 5 without delay.