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The Aquatic Animal Health (England and Wales) Regulations 2009

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Regulation 3(4)

SCHEDULE 1E+WList of diseases

DiseaseF1... F1...
Infection with Gyrodactylus salarisF1. . .F1. . .
Bacterial kidney diseaseF1. . .
Spring viraemia of carpF1. . .F1. . .
[F2Ostreid herpesvirus 1 µvar (OsHV-1 µvar)]F1. . .F1. . .

Regulations 13(7), 13(8), 18(7) and 24(4)

[F3SCHEDULE 1AE+WModifications to Directive 2006/88/EC

Modifications to Article 29E+W

1.  Article 29 is to be read as if—

(a)in the words before paragraph 1(a)—

(i)the reference to “Member States” were to the competent authority;

(ii)the reference to “Article 28(b)(iii)” were to regulation 24(2)(c) of these Regulations;

(iii)the reference to “Article 28(a)” were to regulation 24(2)(a) and (b) of these Regulations;

(b)in paragraph 1(a)—

(i)the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(ii)the reference to “any Member State” were to England or Wales;

(c)in paragraph 1(b)—

(i)the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(ii)the reference to “Member States, zones or compartments” were to England or Wales, or any zone or compartment within England or Wales; and

(iii)the reference to “Part A of Annex III” were a reference to Part A of Annex 3 read in accordance with paragraph 4;

(d)in paragraph 2(b), the reference to “Article 26(1)” were to regulation 23 of these Regulations;

(e)in paragraph 3—

(i)the reference to “the Member State” were to the competent authority;

(ii)the references to “Article 28” were to regulation 24 of these Regulations;

(f)paragraph 4 were omitted.

Modifications to Part 1 of Annex 2E+W

2.  Part 1 of Annex 2 is to be read as if—

(a)in paragraph 1—

(i)in the words before point (a), the reference to “Article 6” were to regulation 13(1)(a) of these Regulations;

(ii)in point (f), the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(iii)in point (g)—

(aa)the reference to “a Member State, zone or compartment” were to England or Wales, or any zone or compartment within England or Wales;

(bb)the reference to “Annex 4” were to Annex 1A to Regulation (EC) No 1251/2008;

(b)in paragraph 2, the reference to “the second subparagraph of Article 4(1)” were to regulation 5(2) of these Regulations..

Modifications to Part 2 of Annex 2E+W

3.  Part 2 of Annex 2 is to be read as if, in the words before point (a), the reference to “Article 6” were to regulation 13(1)(b) of these Regulations.

Modifications to Part A of Annex 3E+W

4.  Part A of Annex 3 is to be read as if—

(a)in the heading, the words from “to” to “Article 12” were omitted;

(b)in the second column of the table—

(i)in the entry corresponding to Category 1, the words in brackets referred to Article 2a or 2b of Commission Decision 2009/177/EC;

(ii)in the entry corresponding to Category 2, the words in brackets referred to Article 2b(1) of Decision 2015/1554;

(iii)in the entry corresponding to Category 4, the words in brackets referred to Article 2b(3) of Decision 2015/1554;

(iv)in the entry corresponding to Category 5, the words in brackets referred to regulation 28 of these Regulations.]

Regulation 45

SCHEDULE 2E+WRepeals, amendments and revocations

1.  The Diseases of Fish Act 1937 M1 is repealed.E+W

2.  In Schedule 8 to the Water Act 1973 M2, omit paragraph 43.E+W

Marginal Citations

3.  In section 41(1) of the Salmon and Freshwater Fisheries Act 1975 M3, for the definition of “fish farm”, substitute—E+W

“fish farm”—

(a)

means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and

(b)

includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;.

Marginal Citations

M31975 c.51; the definition of “fish farm” was inserted by the Environment Act 1995 (c.25), Schedule 15, paragraph 20(a).

4.  In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 M4, omit the entry relating to the Diseases of Fish Act 1937.E+W

Marginal Citations

5.  In section 1(1) of the Import of Live Fish (England and Wales) Act 1980 M5 omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.E+W

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6.  The Diseases of Fish Act 1983 M6 is repealed.E+W

Marginal Citations

7.  In the Salmon Act 1986 M7E+W

(a)omit section 38; and

(b)omit paragraph 6 of Schedule 4.

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8.  In the Water Act 1989 M8E+W

(a)omit paragraphs 3 and 8 of Schedule 17; and

(b)in Part 1 of Schedule 27 omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.

Marginal Citations

9.  In the Environment Act 1995 M9E+W

(a)in section 2(1)(a)(v) omit “the Diseases of Fish Act 1937,”;

(b)omit section 6(7)(b)(i); and

(c)in Schedule 15—

(i)in paragraph 2(4)(c)(ii) omit “or under the Diseases of Fish Act 1937”; and

(ii)omit paragraphs 4 and 23.

Marginal Citations

10.  In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 M10, for “the Diseases of Fish Act 1937”, substitute “ the Salmon and Freshwater Fisheries Act 1975 ”E+W

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11.  The Diseases of Fish (Control) Regulations 1994 M11 are revoked.E+W

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12.  The Fish Health Regulations 1997 M12 are revoked.E+W

Marginal Citations

13.  In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 M13 omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.E+W

Marginal Citations

14.  The Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002 M14 are revoked.E+W

Marginal Citations

15.  In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M15 omit paragraph 21.E+W

Marginal Citations

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