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; or
ii
the neuraminidase has been confirmed as N1.
2
If the wild bird or carcase was found in England, the Secretary of State must declare—
a
a wild bird control area; and
b
a wild bird monitoring area.
3
If the wild bird or carcase was found in Scotland or Wales—
a
subject to sub-paragraphs (b) and (c), the Secretary of State may declare a wild bird control area or a wild bird monitoring area;
b
the Secretary of State must declare a wild bird control area if the wild bird or carcase was found within three kilometres of the border with England;
c
the Secretary of State must declare a wild bird monitoring area if the wild bird or carcase was found within ten kilometres of the border with England.
4
Paragraphs (2), (3)(b) and (3)(c) do not apply if the Secretary of State is satisfied, pursuant to a risk assessment, that—
a
H5N1 is not present in poultry, other captive birds or wild birds in the area which would otherwise be declared as the wild bird monitoring area; and
b
the infected wild bird or carcase did not present a risk of spreading that virus to such birds in that area.
5
The risk assessment under paragraph (4) must take into account any geographical and ecological considerations.
6
An area remains a wild bird control area until—
a
the Secretary of State amends the declaration made under paragraph (2)(a), (3)(a) or (3)(b) 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), (3)(a) or (3)(c).
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.