PART 2

Confirmation or suspicion of H5N1

Confirmation or suspicion of H5N1 in wild birds
8
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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.