PART 2Confirmation or suspicion of H5N1

Confirmation or suspicion of H5N1 in wild birds5

1

This article applies if the Chief Veterinary Officer advises the Secretary of State that—

a

the avian influenza virus of the H5 subtype is present in a wild bird or the carcase of a wild bird in Great Britain; and

b

either—

i

she suspects that the neuraminidase may be N1; F2...

ii

the neuraminidase has been confirmed as N1 F4; or

F3iii

she suspects an avian influenza of public health concern found in wild birds may be present.

F102

Where this article applies, the Secretary of State, after considering a risk assessment, may declare—

a

a wild bird control area or a wild bird monitoring area; or

b

a wild bird control area and a wild bird monitoring area.

F12A

The risk assessment referred to in paragraph (2) must, amongst other considerations, take into account—

a

the geographical features of the proposed area;

b

any administrative boundaries;

c

any limnological, ecological and epizootic factors;

d

any monitoring facilities.”;

F53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

An area remains a wild bird control area until—

a

the Secretary of State amends the declaration made under paragraph (2)(a)F8... so that the area within its boundaries becomes part of the wild bird monitoring area; or

b

the Secretary of State revokes the declaration.

7

An area remains a wild bird monitoring area until the Secretary of State revokes the declaration made under paragraph (2)(b)F9....

8

Subject to paragraph (9), premises which are only partly in a wild bird control area or a wild bird monitoring area are deemed to be wholly within that area.

9

Premises which are partly in a wild bird control area and partly in a wild bird monitoring area are deemed to be wholly in the wild bird control area.