28.—(1) On confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza on premises in England, the Secretary of State must declare a protection zone and a surveillance zone.
(2) 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, the Secretary of State must declare a protection zone and a surveillance zone in England.
(3) 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, the Secretary of State must—
(a)declare a surveillance zone in England; and
(b)declare a protection zone in England, if he 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 10 or more kilometres from England.
(5) The Secretary of State must, if he 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(3), 31(3) and 33.