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

Declaration of protection, surveillance and restricted zones

28.—(1) The Secretary of State must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza on premises in England, declare a protection zone and a surveillance zone around the infected premises.

(2) The Secretary of State must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of Scotland or Wales which is 3 kilometres or less from England, declare a protection zone and a surveillance zone in England.

(3) The Secretary of State must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of Scotland or Wales which is more than 3 and up to 10 kilometres from England—

(a) declare a surveillance zone in England; and

(b) declare a protection zone in England (if she considers it necessary to prevent the spread of avian influenza).

(4) The Secretary of State may declare protection and surveillance zones in England on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of Scotland or Wales which is more than 10 kilometres from England.

(5) The Secretary of State must, if she considers it necessary to reduce the risk of the spread of avian influenza, declare one or more restricted zones in addition to protection and surveillance zones.

(6) Paragraphs (1), (2) and (3) do not affect the power of the Secretary of State to disapply measures or to apply alternative measures under articles 30(2), 31(2) and 33.