Article 40 Presence of disease in wild animals and declaration of a wild animal infected zone

England, Wales and Scotland

(1)

The Secretary of State shall, on confirmation of disease in a wild animal in England, declare an area to be a wild animal infected zone.

(2)

The Secretary of State may, if she is satisfied that disease is present in a wild animal in Scotland or Wales, declare a wild animal infected zone.

(3)

A wild animal infected zone shall be of such size as the Secretary of State considers fit to prevent the spread of disease.

(4)

An area shall remain a wild animal infected zone (or part of one) until—

(a)

such date as may be stated in the declaration;

(b)

the Secretary of State amends the declaration to exclude that area; or

(c)

the Secretary of State revokes the declaration.

(5)

Any amendment or revocation of a declaration creating a wild animal infected zone shall refer to that declaration and state the date and time it is to take effect.

(6)

Any premises which are partly inside and partly outside a wild animal infected zone shall be deemed to be wholly inside that zone.

(7)

Any wild animal infected zone is an infected area for the purposes of the Act.