Diseases of Poultry (England) Order 2003

Declaration of infected area

10.—(1) Upon confirmation by the Chief Veterinary Officer or by a person authorised by him of the presence in any area in England or elsewhere of a designated disease in poultry, the Secretary of State shall, by declaratory Order, declare the part of that area which is in England to be an infected area.

(2) Upon the presence in any area in England or elsewhere of a designated disease in captive birds other than poultry or in racing pigeons being confirmed by the Chief Veterinary Officer or by a person authorised by him and upon the Secretary of State being satisfied that the presence of that disease in such birds constitutes a serious risk to poultry, the Secretary of State may, by declaratory Order, declare the part of that area which is in England to be an infected area.

(3) An area shall remain an infected area until such date as may be stated in the declaratory Order, or, if none, until the declaratory Order is revoked.

(4) Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside that area.

(5) A declaratory Order may apply to all birds or to designated species.

(6) A declaratory Order shall provide for the division of the infected area into protection and surveillance zones, the protection zone being based on a minimum radius of three kilometres, itself contained in a surveillance zone based on a minimum radius of ten kilometres, based on the centre of premises where disease has been confirmed, or such lesser radia as the Secretary of State may declare.

(7) The provisions of Schedule 2 shall apply in an area declared an infected area except to the extent that they are varied or excepted by the declaratory order or to the extent that anything which would otherwise be a breach of this Order is authorised by a licence issued by a veterinary inspector.