The Diseases of Poultry (Scotland) Order 2003

Declaration of infected area S

11.—(1) Upon the presence in any area in Scotland or elsewhere of a designated disease in poultry being confirmed by the Chief Veterinary Officer or by a person authorised by the Chief Veterinary Officer, the Scottish Ministers shall, by declaration, declare such of that area as is in Scotland to be an infected area.

(2) Upon the presence in any area in Scotland or elsewhere of a designated disease in captive birds or in racing pigeons being confirmed by the Chief Veterinary Officer or by a person authorised by the Chief Veterinary Officer and upon the Scottish Ministers being satisfied that the presence of that disease in such birds constitutes a serious risk to poultry, the Scottish Ministers may, by declaration, declare such of that area as is in Scotland to be an infected area.

(3) An area shall remain an infected area until such date as may be stated in the declaration referred to in paragraph (1) or (2), or, if no date is stated, until the declaration is withdrawn.

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

(5) A declaration referred to in paragraph (1) or (2)–

(a) shall provide for the division of the infected area into protection and surveillance zones; and

(b) may apply to all poultry, or to designated species.

(6) A declaration made under paragraph (1) shall provide for a protection zone based on a minimum radius of three kilometres, itself contained within a surveillance zone based on a minimum radius of ten kilometres, each zone having as its centre the centre of the premises where disease has been confirmed.

(7) A declaration made under paragraph (2) shall provide for a protection zone contained within a surveillance zone, each based on such minimum radii as the Scottish Ministers may declare, each zone having as its centre the centre of the premises where disease has been confirmed.

(8) 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 a declaration made under paragraph (1) or (2) or to the extent that anything which would otherwise be a breach of those provisions is authorised by a licence issued by a veterinary inspector.