SCHEDULE 1List of diseases

Regulation 3(3)

Disease

Susceptible species

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

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)

SCHEDULE 2Repeals, amendments and revocations

Regulation 48

1

The Diseases of Fish Act 193715 is repealed.

2

In Schedule 8 to the Water Act 197316, omit paragraph 43.

3

In section 41(1) of the Salmon and Freshwater Fisheries Act 197517, for the definition of “fish farm”, substitute–

  • “fish farm”–

    1. 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

    2. 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;

4

In section 1(1) of the Import of Live Fish (Scotland) Act 197818, omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.

5

In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 197919, omit the entry relating to the Diseases of Fish Act 1937.

6

The Diseases of Fish Act 198320 is repealed.

7

In the Salmon Act 198621–

a

in section 24(2)(b), omit “within the meaning of the Diseases of Fish Act 1937”; and

b

omit paragraph 6 of Schedule 4.

8

In the Water Act 198922–

a

in section 141(4)(b), for “, the Salmon and Freshwater Fisheries Act 1975 and the Diseases of Fish Act 1937” substitute “and the Salmon and Freshwater Fisheries Act 1975”;

b

omit paragraphs 3 and 8 of Schedule 17; and

c

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

9

In the Environment Act 199523–

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.

10

In the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 200324–

a

in section 8(1), omit “Without prejudice to section 3 of the Diseases of Fish Act 1937 (c. 33) (powers and duties of fishery boards),”; and

b

in section 69, in the definition of “fish farm” for “section 10(1) of the Diseases of Fish Act 1937” substitute “section 41(1) of the Salmon and Freshwater Fisheries Act 1975 (c. 51)”.

11

In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 200425, for “the Diseases of Fish Act 1937 (c. 33)”, substitute “Salmon and Freshwater Fisheries Act 1975 (c. 51)”.

12

The Diseases of Fish (Control) Regulations 199426 are revoked.

13

The Fish Health Regulations 199727 are revoked.

14

The Diseases of Fish (Control) Amendment (Scotland) Regulations 200028 are revoked.

15

The Fish Health Amendment (Scotland) Regulations 200129 are revoked.

16

In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 200230 omit paragraph 21.