The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2006

Confirmation or suspicion of H5N1 in wild birds

8.  –

(1) This article applies if the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that—

(a) the avian influenza virus of the H5 subtype is present in a wild bird or the carcase of a wild bird in Great Britain; and

(b) either—

(i) the Chief Veterinary (Scotland) suspects that the neuraminidase type may be N1; or

(ii) the neuraminidase has been confirmed as N1.

(2) If the wild bird or carcase was found in Scotland, the Scottish Ministers must declare an area to be a wild bird protection zone and an area to be a wild bird surveillance zone.

(3) If the wild bird or carcase was found in England or Wales—

(a) subject to sub-paragraphs (b) and (c), the Scottish Ministers may declare an area to be a wild bird protection zone or a wild bird surveillance zone;

(b) the Scottish Ministers must declare an area to be a wild bird protection zone if the wild bird or carcase was found within three kilometres of the border with Scotland;

(c) the Scottish Ministers must declare an area to be a wild bird surveillance zone if the wild bird or carcase was found within ten kilometres of the border with Scotland.

(4) An area shall remain a wild bird protection zone until—

(a) the Scottish Ministers amend the declaration so that the area within its boundaries becomes part of the wild bird surveillance zone; or

(b) the Scottish Ministers revoke the declaration.

(5) An area shall remain a wild bird surveillance zone until the Scottish Ministers revoke the declaration.