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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002 URL: https://www.bailii.org/uk/legis/num_reg/2002/20020284.html |
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Made | 11th February 2002 | ||
Laid before Parliament | 12th February 2002 | ||
Coming into force | 10th March 2002 |
(2) All other expressions in these Regulations have the meaning they bear in the Fish Health Regulations.
(3) Any reference in these Regulations to a Directive is a reference to it as amended immediately before the making of the Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002.
(4) All notices and authorisations given under these Regulations shall be in writing and may be made subject to conditions, and may be amended, suspended or revoked in writing.
(5) The provisions of section 7 of the Act shall apply to the service of a notice and the giving of an authorisation under these Regulations as they do to a notice served under the Act.
(6) Where a farm is entirely in Wales, any function of the Secretary of State under these Regulations may be exercised by her, by the National Assembly for Wales or by both acting jointly.
Official census
3.
- (1) As soon as possible after -
in relation to a farm suspected of being infected, the Secretary of State shall prepare a record (referred to in these Regulations as an "official census") in relation to the fish on the farm containing the information set out in Schedule 2 and give it to the occupier of the farm.
(2) After the official census has been given to the occupier of the farm, the occupier shall check regularly for -
of the fish on the farm and make any appropriate amendments to the official census.
(3) The official census, as amended in accordance with this regulation, shall be kept by the occupier in such a place that it shall be available to the Secretary of State or an inspector on demand for inspection or making a copy to retain.
(4) The official census, as amended in accordance with this regulation, shall be retained by the occupier of the farm for a period of four years from the date on which the section 4 or 4A notice has lapsed or any section 2 order has been revoked, whichever is the later.
Control measures when a disease in Part I or II of Schedule 3 is suspected on a farm
4.
Without prejudice to the provisions of the Act or the Fish Health Regulations, where -
the occupier of the farm shall take all reasonable steps to ensure that the prohibitions in paragraph 1 of Schedule 4 are complied with in relation to the farm, and paragraph 2 of that Schedule shall apply to it.
Control measures if presence of a disease in Part I of Schedule 3 is confirmed on a farm
5.
- (1) If the presence of a disease listed in Part I of Schedule 3 is confirmed in fish on a farm, the Secretary of State shall, by notice served on the occupier of the farm, require -
(f) the cleaning and disinfection or destruction of any equipment, material or substances liable to be contaminated with the disease pathogen, under the supervision of the Secretary of State; and
(g) that the repopulation of the farm shall only take place when the Secretary of State so authorises by notice.
(2) A notice served under paragraph (1) above shall be accompanied by a copy of the scheme and shall include directions -
(3) Any notice under this Regulation must be consistent with the scheme.
Control measures when a disease listed in Part II of Schedule 3 is confirmed on a farm
6.
- (1) If the presence of a disease listed in Part II of Schedule 3 is confirmed in fish in a farm, the Secretary of State may, by notice served on the occupier of the farm require -
(2) A notice served under paragraph (1) above shall include directions -
(3) In respect of fish showing no sign of the disease, a notice served under paragraph (1) above may include directions authorising the fattening of fish until they reach commercial size and then requiring them to be slaughtered and gutted for marketing or processing for human consumption, but if it does so the notice shall also direct -
2.
In regulation 9 (which deals with other control measures) -
3.
- (1) For paragraph (1) of regulation 10 (prohibition on vaccination) there is substituted the following paragraph -
(2) In paragraph (2) of regulation 10 the words after "Schedule 3" are deleted.
4.
In paragraph (1) of regulation 11 (powers of an inspector) after the words "enter any land or premises" there are inserted the words "(other than any premises used only as a dwelling)".
5.
For regulation 12 (failure to comply with a notice) there is substituted the following regulation -
6.
In paragraph (2) of regulation 13 (obstruction), for the words "paragraph (1)(c)" there are substituted the words "paragraph (1)(b)".
7.
For paragraph (1) of regulation 15 (offences and penalties) there is substituted the following paragraph -
8.
Schedule 1 is deleted.
9.
In Schedule 4 -
[3] S.I. 1994/1447, amended in relation to Scotland by S.S.I. 2000/330.back
[4] 1937 c. 33 as amended by the Diseases of Fish Act 1983 (c. 30).back
[5] OJ No. L175, 19.7.1993, p. 23 as last amended by Council Directive 2000/27/EC (OJ No. L114, 13.5.2000, p. 28).back
[7] OJ No. L325, 8.12.2001, p. 33.back
[8] S.I. 1999/646, amended in relation to England by S.I. 2001/1704, in relation to Wales by S.I. 2001/1735 and in relation to Scotland by S.S.I. 2001/171.back
Prepared
22 March 2002