The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

Declaration of protection, surveillance and restricted zones

26.—(1) The Scottish Ministers must, on confirmation of highly pathogenic avian influenza on premises in Scotland, declare a protection zone and a surveillance zone around the infected premises.

(2) The Scottish Ministers must, on confirmation of highly pathogenic avian influenza in an area of England any part of which is less than 3 kilometres from Scotland, declare a protection zone and a surveillance zone in Scotland.

(3) The Scottish Ministers must, on confirmation of highly pathogenic avian influenza in an area of England which is more than 3 and up to 10 kilometres from Scotland–

(a) declare a surveillance zone in Scotland; and

(b) declare a protection zone in Scotland if they consider it necessary to prevent the spread of avian influenza.

(4) The Scottish Ministers may declare protection and surveillance zones in Scotland on confirmation of highly pathogenic avian influenza in an area of England or Wales which is more than 10 kilometres from Scotland.

(5) The Scottish Ministers may, if they consider it necessary to reduce the risk of the spread of highly pathogenic avian influenza, declare restricted zones in addition to protection and surveillance zones.

(6) Paragraphs (1), (2) and (3) do not affect the power of the Scottish Ministers to disapply measures under articles 28(2) or 29(2) or to apply alternative measures under article 31.