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
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
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F64
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F75
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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.