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8.—(1) This article applies if the Chief Veterinary Officer confirms that—
(a)highly pathogenic avian influenza virus of the H5 subtype is present in poultry or in a poultry carcase in Great Britain; and
(b)the neuraminidase virus type is N1.
(2) The Secretary of State must declare a restricted zone under article 28(5) of the Avian Influenza Order if the poultry or carcase in which highly pathogenic avian influenza of subtype H5N1 is confirmed was found—
(a)in England; or
(b)in Scotland or Wales, less than ten kilometres from the border with England.
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