Decision to require emergency vaccinationS
12.—(1) Where the condition in paragraph (2) is fulfilled, the Scottish Ministers must, if they consider it necessary to reduce the risk of the spread of avian influenza–
(a)declare an emergency vaccination zone in all or part of Scotland, where these areas contain poultry or other captive birds which they consider should be vaccinated; or
(b)serve an emergency vaccination notice on the occupier of any premises where poultry, other captive birds or any category of poultry or other captive bird which they consider should be vaccinated, are kept.
(2) The condition referred to in paragraph (1) is that the Scottish Ministers have carried out a risk assessment which indicates that there is a significant and immediate threat of avian influenza spreading within or into Scotland following–
(a)an outbreak of avian influenza within the United Kingdom;
(b)an outbreak of avian influenza within a nearby Member State; or
(c)an outbreak of avian influenza in poultry or other captive birds in a nearby third country.
(3) Any premises which are partly inside and partly outside an emergency vaccination zone are deemed to be wholly within it.