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6.—(1) Where the condition in paragraph (2) is fulfilled, the Secretary of State must, if he considers it necessary to reduce the risk of the spread of avian influenza—
(a)declare a zone in all or part of England where there are poultry or other captive birds that he considers should be vaccinated, within which emergency vaccination against avian influenza is required to be carried out (an “emergency vaccination zone”); or
(b)serve a notice on the occupier of any premises where there are poultry or other captive birds that he considers should be vaccinated, on which emergency vaccination against avian influenza is required to be carried out (an “emergency vaccination notice”).
(2) The condition is that the Secretary of State has carried out a risk assessment which indicates that there is a significant and immediate threat of avian influenza spreading within or into England following—
(a)an outbreak of avian influenza within the United Kingdom;
(b)an outbreak of avian influenza within a nearby Member State; or
(c)confirmation of the presence of avian influenza in poultry or other captive birds in a nearby third country.
(3) Where an emergency vaccination zone is declared, or an emergency vaccination notice is served after an emergency vaccination plan has been submitted to and approved by the European Commission in accordance with Articles 53 and 54 of the Directive, the declaration or service of the notice must be in accordance with the provisions of that plan.
(4) Any premises that are partly inside and partly outside an emergency vaccination zone are deemed to be wholly within it.
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