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4.—(1) The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007(1) is amended as follows.
(2) In article 2 (interpretation)—
(a)for the definition of “H5N1” substitute—
““H5N1” means a highly pathogenic avian influenza virus of the H5 subtype and neuraminidase N1 of significant risk to animal and human health,”,
(b)after the definition of “hatching egg” insert—
““highly pathogenic avian influenza” means—
a virus with genome sequences codifying for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other highly pathogenic avian influenza viruses, indicating that the haemagglutinin molecule can be cleaved by a host ubiquitous protease, or
avian influenza viruses with an intravenous pathogenicity index in six-week old chickens greater than 1.2,”.
(3) For article 5(1) (confirmation or suspicion of H5N1 in wild birds) substitute—
“(1) This article applies if the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that—
(a)a highly pathogenic avian influenza virus of the H5 subtype and neuraminidase N1 is present in a wild bird or the carcase of a wild bird in Great Britain, and
(b)the Chief Veterinary Officer (Scotland) suspects, or is of the opinion, that the virus is a significant risk to animal and human health.”.
(4) In article 12 (maintenance of areas)—
(a)in paragraph (1) for the words from the beginning to “neuraminidase N1” substitute “Subject to paragraph (4), where article 5 applies”,
(b)in paragraph (4)—
(i)after “H5” insert “and neuraminidase N1”,
(ii)for “of neuraminidase N1” substitute “a significant risk to animal and human health”.
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