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The Aquatic Animal Health (Scotland) Regulations 2009

S.S.I. 2009/85 · Made 5 March 2009

Up to date with all changes known to legislation.gov.uk, revised to 2 February 2023.

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:

  1. (a)

    Commission Decision 2004/453/EC M3 on implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals;

  2. (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

  3. (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

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Application
  4. 3Interpretation
  5. 3AThe competent authority
  6. 3BList of susceptible species and geographic areas declared disease free
  7. Part 2: AUTHORISATION AND REGISTRATION REQUIREMENTS
  8. 4Application of Part 2
  9. 5Authorisation
  10. 6Authorisation conditions for aquaculture production businesses
  11. 7Authorisation conditions for processing establishments
  12. 8Application for an authorisation
  13. 9Amendment of an authorisation
  14. 10Suspension of an authorisation
  15. 11Revocation of an authorisation
  16. 12Registration
  17. 13Public record of aquaculture production businesses and processing establishments
  18. 14Transitional provision
  19. Part 3: PLACING ON THE MARKET
  20. 15Application of Part 3
  21. 16General health requirements
  22. 17Certification requirements
  23. 18Additional certification provisions
  24. 19Disease prevention requirements in respect of transport
  25. 20Recording of information in respect of transport
  26. 21Exemption for transport in small containers
  27. Part 3A: QUARANTINE
  28. 21AInterpretation of Part 3A
  29. 21BVector species
  30. 21CWild aquatic animals
  31. Part 4: NOTIFICATION AND CONTROL OF DISEASE OUTBREAKS
  32. 22Interpretation of Part 4
  33. 23Obligation to notify in case of suspicion of a listed disease or increased mortality
  34. 24Initial designation
  35. 25Contents and publication of an initial designation
  36. 26Actions by an inspector in respect of an initial designation
  37. 27Withdrawal of an initial designation
  38. 28Confirmed designation
  39. 29Contents and publication of a confirmed designation
  40. 30Actions by an inspector in respect of a confirmed designation
  41. 31Withdrawal of a confirmed designation
  42. Part 4A: PROVISION OF INFORMATION, RECORD KEEPING AND NOTIFICATIONS
  43. 31AInterpretation of Part 4A and Schedules 1A and 1B
  44. 31BProvision of information
  45. 31CRecords
  46. 31DEscapes from fish farms
  47. 31ERecovery of fish
  48. Part 5: ADDITIONAL PROVISION IN RELATION TO GYRODACTYLUS SALARIS
  49. 32Additional powers in relation to Gyrodactylus salaris
  50. 33Clearance of certain fish farms – Gyrodactylus salaris
  51. 34Power to take other measures – Gyrodactylus salaris
  52. Part 6: ENFORCEMENT, APPEALS AND PENALTIES
  53. 35Entry and inspection of land and premises
  54. 36Search and examination of land and premises
  55. 37Production of documents
  56. 38Seizure of items
  57. 39Enforcement notices
  58. 40Appeals
  59. 41Obstruction
  60. 42Offences by bodies corporate
  61. 43Penalties
  62. Part 7: MISCELLANEOUS
  63. 44Vaccination
  64. 45Public register of disease-free zones and compartments
  65. 46Disclosure of information
  66. 47Service of notices
  67. 48Repeals, amendments and revocations
  68. Signature
  69. Schedule 1List of diseases ...
  70. Schedule 1A: Information to be provided annually
  71. Part 1: Fish Farm
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. Part 2: Shellfish Farm
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. Part 3: Processing establishment
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. Schedule 1B: Particulars to be included in Records
  81. Part 1: Fish Farm
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. Part 2: Shellfish Farm
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. Part 3: Processing establishment
  89. 1Paragraph 1
  90. Schedule 1CFarmed Fish Escapes – Initial Notification
  91. Schedule 1DFarmed Fish Escapes – Final Notification
  92. Schedule 1E: Modifications to Directive 2006/88/EC
  93. 1Modifications to Article 29
  94. 1AModification to Article 33
  95. 2Modifications to Part 1 of Annex 2
  96. 3Modifications to Part 2 of Annex 2
  97. 4Modifications to Part A of Annex 3
  98. Schedule 2: Repeals, amendments and revocations
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. 9Paragraph 9
  108. 10Paragraph 10
  109. 11Paragraph 11
  110. 12Paragraph 12
  111. 13Paragraph 13
  112. 14Paragraph 14
  113. 15Paragraph 15
  114. 16Paragraph 16
  115. Explanatory note