The Aquatic Animal Health (England and Wales) Regulations 2009

Regulation 3(4)

SCHEDULE 1 E+W List of diseases

Disease	Susceptible species	[F1 Geographical demarcation of the area which is disease-free]
Infection with Gyrodactylus salaris	Atlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), Arctic char (Salvelinus alpinus), North American brook trout (S. fontinalis), grayling (Thymallus thymallus), North American lake trout (Salvelinus namaycush), and brown trout (Salmo trutta). Other species of fish on sites where any of the above species are present shall also be considered as susceptible species.	[F1 England and Wales]
Bacterial kidney disease	Fish belonging to the family Salmonidae.
Spring viraemia of carp	Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), grass carp (Ctenopharyngodon idellus), common carp and koi carp (Cyprinus carpio), silver carp (Hypophthalmichthys molitrix), sheatfish (Silurus glanis) and tench (Tinca tinca).	[F1 England and Wales]
[F2 Ostreid herpesvirus 1 µvar (OsHV-1 µvar)]	[F3 Pacific oyster (Crassostrea gigas)]	[F1 England and Wales except the River Roach, River Crouch, Blackwater Estuary and River Colne in Essex, the north Kent Coast, Poole Harbour in Dorset and the River Teign in Devon.]

Textual Amendments

F1 Words in Sch. 1 inserted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 38(10)

F2 Words in Sch. 1 added (1.5.2011) by The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/981), regs. 1, 2(6)(a)

F3 Words in Sch. 1 added (1.5.2011) by The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/981), regs. 1, 2(6)(b)

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

[F4 SCHEDULE 1A E+W Modifications to Directive 2006/88/EC

Textual Amendments

F4 Sch. 1A inserted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 38(11)

Modifications to Article 29 E+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 2 E+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 2 E+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 3 E+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 2 E+W Repeals, amendments and revocations

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

Marginal Citations

M1 1937 c.33 (1 Edw. 8 & 1 Geo. 6).

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

Marginal Citations

M2 1973 c.37.

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

M3 1975 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

M4 1979 c.2.

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

Marginal Citations

M5 1980 c.27.

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

Marginal Citations

M6 1983 c.30.

7.  In the Salmon Act 1986 M7 — E+W

(a) omit section 38; and

(b) omit paragraph 6 of Schedule 4.

Marginal Citations

M7 1986 c.62.

8.  In the Water Act 1989 M8 — E+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

M8 1989 c.15.

9.  In the Environment Act 1995 M9 — E+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

M9 1995 c.25.

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

Marginal Citations

M10 2004 c.11.

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

Marginal Citations

M11 S.I. 1994/1447.

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

Marginal Citations

M12 S.I. 1997/1881.

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

M13 S.I. 1999/672.

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

Marginal Citations

M14 S.I. 2002/284.

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

Marginal Citations

M15 S.I. 2002/794.