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8.—(1) This article applies if the Chief Veterinary Officer (Scotland) confirms that–
(a)highly pathogenic avian influenza virus of the H5 subtype is present in poultry or in a poultry carcase in Great Britain; and
(b)the neuraminidase virus type is N1.
(2) The Scottish Ministers must declare a restricted zone under article 26(5) of the Avian Influenza Order if the poultry or carcase in which highly pathogenic avian influenza of subtype H5N1 is confirmed was found–
(a)in Scotland; or
(b)in England, less than 10 kilometres from the border with Scotland.
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