The Avian Influenza (H5N1 in Poultry) (England) Order 2006

Establishment of zones on suspicion of avian influenza of subtype H5N1 in poultry

6.—(1) This article applies if the Chief Veterinary Officer advises the Secretary of State that she suspects that—

(a) highly pathogenic avian influenza virus of the H5 subtype is present in poultry or in a poultry carcase in Great Britain; and

(b) the neuraminidase virus type is N1.

(2) The Secretary of State must declare two zones under article 13 of the Avian Influenza Order if the poultry or carcase in which highly pathogenic avian influenza of subtype H5N1 is suspected was found—

(a) in England; or

(b) in Scotland or Wales, less than ten kilometres from the border with England.

(3) The zones referred to in paragraph (2) are—

(a) a temporary movement restriction zone and a temporary control zone;

(b) two temporary movement restriction zones; or

(c) two temporary control zones.

(4) In a declaration made in accordance with paragraph (2), the Secretary of State must specify which of the two zones declared is the first zone and which the second zone.

(5) Premises which are partly in a first zone declared in accordance with paragraph (2) and partly in a second zone so declared are deemed to be wholly in the first zone.