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

Location and size of zones declared on suspicion of avian influenza of subtype H5N1 in poultry

7.—(1) One of the zones declared in accordance with article 6(2) (“the first zone”) must—

(a) be centred on the outbreak point; and

(b) have a boundary which is at least 10 kilometres from the outbreak point.

(2) The other zone declared in accordance with article 6(2) (“the second zone”) must be in such location and of such size as the Secretary of State considers necessary to minimise the risk of the spread of avian influenza.

(3) The Secretary of State must consider the following when deciding the extent of the first zone and the second zone—

(a) the results of veterinary inquiries;

(b) the geographical features of the area around the premises;

(c) the location and proximity of other premises containing poultry in the area;

(d) patterns of movement and trade in poultry and other captive birds in the area; and

(e) the facilities and personnel available to control movements within the zone (including any movement of poultry or other captive birds off premises for slaughter and disposal).

(4) “Outbreak point” means that part of any premises where any poultry or carcase referred to in article 6(1) has been found which the Secretary of State deems to be the centre of the suspected outbreak.

(5) If a zone declared in accordance with paragraphs (1) or (2) would otherwise include land in Wales or Scotland, the Secretary of State must declare a zone of such part of that land as is in England.