PART 2Confirmation or suspicion of H5N1

Maintenance of measures13.

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(1)

If the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that avian influenza of sub-type H5 and neuraminidase N1 is present in the wild bird or carcase referred to in article 8(1)(a) the Scottish Ministers must not—

(a)

amend any declaration made under article 8 so that the wild bird protection zone becomes part of the wild bird surveillance zone 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; or

(b)

revoke any declaration made under article 8 until at least 30 days have elapsed from the date the Chief Veterinary Officer (Scotland) advised the Scottish Ministers of the presence of H5 in that wild bird or carcase.

(2)

If the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that in the opinion of the Chief Veterinary Officer (Scotland) avian influenza of sub-type H5 and neuraminidase N1 is not present in the wild bird or carcase referred to in article 8(1)(a), the Scottish Ministers must revoke any declaration made under article 8 without delay.