Article 8 Confirmation or suspicion of H5N1 in wild birds

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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.