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

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Source: https://www.legislation.gov.uk/ssi/2006/196/article/8 (the official version)
Page: https://openlegislation.uk/avian-influenza-h5n1-in-wild-birds-scotland-order-2006/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.