The Diseases of Fish Order 1973

Statutory Instruments

1973 No. 2093

RIVER, ENGLAND AND WALES RIVER, SCOTLAND

SALMON AND FRESHWATER FISHERIES

The Diseases of Fish Order 1973

Laid before Parliament in draft

Made

12th December 1973

Coming into Operation

1st January 1974

At the Court at Buckingham Palace, the 12th day of December 1973

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has, in accordance with section 13 of the Diseases of Fish Act 1937 (as applied by section 6(2) of the Statutory Instruments Act 1946), been laid before Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by the said section 13, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and commencement

1.  This Order may be cited as the Diseases of Fish Order 1973 and shall come into operation on 1st January 1974.

Interpretation

2.—(1) In this Order “ the Act” means the Diseases of Fish Act 1937.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Extension of Act to other diseases affecting fish

3.  The provisions of the Act shall apply with respect to the diseases named in the Schedule to this Order (being diseases affecting fish of the salmon family or freshwater fish) as those provisions apply with respect to furunculosis and columnaris.

Modifications of certain definitions in Act

4.  For the definitions of the expressions “infected” and “infected waters” contained in section 10(1) of the Act (as substituted by the Diseases of Fish Order 1966(1))) there shall be substituted the following definitions, that is to say—

   

“‘infected’ means, in relation to fish, infected with any of the diseases respectively known as furunculosis, columnaris, infectious pancreatic necrosis (IPN), viral haemorrhagic septicaemia (VHS or Egtved disease), Myxosoma (Lentospora) cerebralis (whirling disease), infectious haematopoietic necrosis (IHN), ulcerative dermal necrosis (UDN) and infectious dropsy of cyprinids (IDC or IAD) in any of its forms including spring viraemia and erythrodermatitis;

‘infected waters’ means waters in which any of the diseases mentioned in the definition of the expression “infected” exists among fish, or in which the causative organisms of any of those diseases are present;”

   

W.G. Agnew

Article 3

SCHEDULE

Diseases to which the Act is extended:—

• Infectious pancreatic necrosis (IPN);

• Viral haemorrhagic septicaemia (VHS or Egtved disease);

• Myxosoma (Lentospora) cerebralis (whirling disease);

• Infectious haematopoietic necrosis (IHN);

• Ulcerative dermal necrosis (UDN); and

• Infectious dropsy of cyprinids (IDC or IAD) in any of its forms including spring viraemia and erythrodermatitis.

EXPLANATORY NOTE

This Order extends the provisions of the Diseases of Fish Act 1937 to the diseases referred to in the Schedule to the Order and accordingly substitutes for the definitions in the Act of the expressions “infected” and “infected waters” the definitions provided in Article 4 of the Order. The diseases mentioned in the Schedule affect fish of the salmon family (i.e. salmon and trout) or freshwater fish.

(1)

(1966 II, p. 2284).