PART 3Measures following confirmation of disease

Declaration of protection zones and surveillance zones on confirmation of disease in Scotland or Wales32

1

If the Secretary of State is satisfied that disease is present on premises (other than a slaughterhouse or border inspection post) in Scotland or Wales—

a

she shall declare an area to be a protection zone if those premises are situated within three kilometres of the border with England; and

b

she shall declare an area to be a surveillance zone if those premises are situated within ten kilometres of that border.

2

If the Secretary of State is satisfied that disease is present at—

a

any premises in Scotland or Wales situated more than ten kilometres from the border with England; or

b

a slaughterhouse or border inspection post in Scotland or Wales situated within ten kilometres of the border with England,

she may declare an area to be a protection zone, or an area to be a surveillance zone, or both, in England.

3

Subject to paragraph (4), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit so as to prevent the spread of disease.

4

A declaration under this article shall designate the extent of any protection zone or surveillance zone declared and the Secretary of State shall ensure that—

a

any such zone abuts the border with Scotland or Wales, as the case may be;

b

any protection zone extends from that border such that its boundary is at least three kilometres from the premises where disease is present; and

c

any surveillance zone extends from that border such that its boundary is at least ten kilometres from those premises.

5

In this article border inspection post means—

a

in relation to Scotland, a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (Scotland) Regulations 200015; and

b

in relation to Wales, a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (Wales) Regulations 200516;