The Aquatic Animal Health (Scotland) Regulations 2009
S.S.I. 2009/85 · Made 5 March 2009
RIVER
FISH FARMING
Made 5th March 2009
Laid before the Scottish Parliament 5th March 2009
Coming into force in accordance with regulation 1
The Scottish Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M1 of Schedule 2 to, the European Communities Act 1972 M2.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for any references to the following Community instruments to be construed as a reference to those instruments as amended from time to time:
- (a)
Commission Decision 2004/453/EC M3 on implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals;
- (b)
Council Directive 2006/88/EC M4 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and
- (c)
Commission Regulation (EC) No. 1251/2008 M5 on implementing Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.
Annotations to the whole text
Marginal citations
- M1
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
- M2
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) Schedule 8, paragraph 15(3) and section 27 of the Legislative and Regulatory Reform Act 2006. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
- M3
O.J. No. L 156, 30.4.2004, p.5, corrected by O.J. No. L 202, 7.6.2004, p.4 which substitutes new text for the whole of Commission Decision 2004/453/EC.
- M4
O.J. No. L 328, 24.11.2006, p.14.
- M5
O.J. No. L 337, 16.12.2008, p.41.
Contents
- Part 1: GENERAL
- 1Citation, commencement and extent
- 2Application
- 3Interpretation
- 3AThe competent authority
- 3BList of susceptible species and geographic areas declared disease free
- Part 2: AUTHORISATION AND REGISTRATION REQUIREMENTS
- 4Application of Part 2
- 5Authorisation
- 6Authorisation conditions for aquaculture production businesses
- 7Authorisation conditions for processing establishments
- 8Application for an authorisation
- 9Amendment of an authorisation
- 10Suspension of an authorisation
- 11Revocation of an authorisation
- 12Registration
- 13Public record of aquaculture production businesses and processing establishments
- 14Transitional provision
- Part 3: PLACING ON THE MARKET
- 15Application of Part 3
- 16General health requirements
- 17Certification requirements
- 18Additional certification provisions
- 19Disease prevention requirements in respect of transport
- 20Recording of information in respect of transport
- 21Exemption for transport in small containers
- Part 3A: QUARANTINE
- 21AInterpretation of Part 3A
- 21BVector species
- 21CWild aquatic animals
- Part 4: NOTIFICATION AND CONTROL OF DISEASE OUTBREAKS
- 22Interpretation of Part 4
- 23Obligation to notify in case of suspicion of a listed disease or increased mortality
- 24Initial designation
- 25Contents and publication of an initial designation
- 26Actions by an inspector in respect of an initial designation
- 27Withdrawal of an initial designation
- 28Confirmed designation
- 29Contents and publication of a confirmed designation
- 30Actions by an inspector in respect of a confirmed designation
- 31Withdrawal of a confirmed designation
- Part 4A: PROVISION OF INFORMATION, RECORD KEEPING AND NOTIFICATIONS
- 31AInterpretation of Part 4A and Schedules 1A and 1B
- 31BProvision of information
- 31CRecords
- 31DEscapes from fish farms
- 31ERecovery of fish
- Part 5: ADDITIONAL PROVISION IN RELATION TO GYRODACTYLUS SALARIS
- 32Additional powers in relation to Gyrodactylus salaris
- 33Clearance of certain fish farms – Gyrodactylus salaris
- 34Power to take other measures – Gyrodactylus salaris
- Part 6: ENFORCEMENT, APPEALS AND PENALTIES
- 35Entry and inspection of land and premises
- 36Search and examination of land and premises
- 37Production of documents
- 38Seizure of items
- 39Enforcement notices
- 40Appeals
- 41Obstruction
- 42Offences by bodies corporate
- 43Penalties
- Part 7: MISCELLANEOUS
- 44Vaccination
- 45Public register of disease-free zones and compartments
- 46Disclosure of information
- 47Service of notices
- 48Repeals, amendments and revocations
- Signature
- Schedule 1List of diseases ...
- Schedule 1A: Information to be provided annually
- Part 1: Fish Farm
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Shellfish Farm
- 1Paragraph 1
- 2Paragraph 2
- Part 3: Processing establishment
- 1Paragraph 1
- 2Paragraph 2
- Schedule 1B: Particulars to be included in Records
- Part 1: Fish Farm
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2: Shellfish Farm
- 1Paragraph 1
- 2Paragraph 2
- Part 3: Processing establishment
- 1Paragraph 1
- Schedule 1CFarmed Fish Escapes – Initial Notification
- Schedule 1DFarmed Fish Escapes – Final Notification
- Schedule 1E: Modifications to Directive 2006/88/EC
- 1Modifications to Article 29
- 1AModification to Article 33
- 2Modifications to Part 1 of Annex 2
- 3Modifications to Part 2 of Annex 2
- 4Modifications to Part A of Annex 3
- Schedule 2: Repeals, amendments and revocations
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Explanatory note