The Aquatic Animal Health (Scotland) Regulations 2009

Regulation 3(3)

[F1 SCHEDULE 1 List of diseases F2 ...

Textual Amendments

F1 Sch. 1 substituted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(10)

F2 Words in sch. 1 table heading omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(7)(a)

Disease	Susceptible species	Geographical demarcation of the area which is disease free
Infection with Gyrodactylus salaris	F3 . . .	F3 . . .
Bacterial kidney disease	F3 . . .
Spring viraemia of carp	F3 . . .	F3 . . .
Ostreid herpesvirus l μvar (OsHV-1 μvar)	F3 . . .	F3 . . .]

Textual Amendments

F3 Words in sch. 1 table omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(7)(b)

Regulation 31B(2)(a)(i)

[F4 SCHEDULE 1A Information to be provided annually

Textual Amendments

F4 Schs. 1A-1D inserted (2.12.2011) by The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations 2011 (S.S.I. 2011/427), regs. 1(1), 2(7)

PART 1 Fish Farm

1.   The number of, and the number of consignments of—

(a) in the case of salmon—

(i) ova;

(ii) fry, parr or smolts; and

(iii) post smolts; and

(b) in the case of each species of fish, other than salmon—

(i) ova;

(ii) fish weighing up to and equal to 5 grams; and

(iii) fish weighing more than 5 grams,

that were moved on to the site, and off the site for the purpose of stocking other waters.

2.   A statement whether fish, dead or alive, have been moved on to the site to be eviscerated or processed.

Regulation 31B(2)(a)(ii)

PART 2 Shellfish Farm

1.   In the case of shellfish moved on to the site—

(a) the number of consignments of each species which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks; and

(b) the number or total weight of each species in each consignment which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks.

2.   In the case of shellfish moved off the site for the purpose of stocking other waters—

(a) the number of consignments of each species; and

(b) the number or total weight of each species.

Regulation 31B(2)(b)

PART 3 Processing establishment

1.   In the case of fish—

(a) the number of, and the number of consignments of, each species of fish received at the processing establishment for processing; and

(b) in respect of each consignment, the authorised production business and the containment area* from which the fish came.

2.   In the case of shellfish—

(a) the number or total weight of, and the number of consignments of, each species of shellfish received at the processing establishment for processing; and

(b) in respect of each consignment, the authorised production business and the containment area* from which the shellfish came.

* “Containment area” has the meaning given in paragraph (c) of Annex I (definitions) to Council Directive 2006/88/EC.]

Regulation 31C(1)(a)(i)

[F4 SCHEDULE 1B Particulars to be included in Records

PART 1 Fish Farm

1.   In respect of each consignment, respectively, of fish, eggs or gametes moved on to the site—

(a) the date of the movement;

(b) the species;

(c) the number or weight;

(d) the size of fish;

(e) in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;

(f) in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5 grams or fish weighing more than 5 grams;

(g) the source;

(h) the suppliers; and

(i) the name of the carrier.

2.   In respect of each consignment of, respectively, fish, eggs or gametes moved off the site—

(a) the date of the movement;

(b) the species;

(c) the number or weight;

(d) the size of fish;

(e) in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;

(f) in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5 grams or fish weighing more than 5 grams;

(g) the destination; and

(h) the name of the carrier.

3.— (1) Any increased mortality in respect of—

(a) the fish on the site; and

(b) any consignments of fish, eggs or gametes moved on to, or off, the site.

(2) In sub-paragraph (1), “increased mortality” has the meaning given in paragraph (j) of Annex I (definitions) to Council Directive 2006/88/EC.

Regulation 31C(1)(a)(ii)

PART 2 Shellfish Farm

1.   In respect of each consignment of shellfish moved on to the site and each consignment of shellfish moved off the site for the purpose of stocking other waters—

(a) the date of the movement;

(b) the species;

(c) the number or weight;

(d) the average size or weight;

(e) the source; and

(f) the name of the carrier.

2.   Increased mortality (which has the meaning given in paragraph (j) of Annex I (definitions) to Council Directive 2006/88/EC).

Regulation 31C(1)(b)

PART 3 Processing establishment

1.   In respect of each consignment of fish or shellfish received at the processing establishment—

(a) the date of receipt;

(b) the species;

(c) the number or weight;

(d) the supplier;

(e) the name of the carrier; and

(f) the destination of the fish or shellfish after processing.]

Regulation 31D(2)]

[F4 SCHEDULE 1C Farmed Fish Escapes – Initial Notification

Regulation 31E(2)]

[F4 SCHEDULE 1D Farmed Fish Escapes – Final Notification

[F6 Regulations 3(4), 13(7) and (8), 18(7) and 24(4)]

[F5 SCHEDULE 1E Modifications to Directive 2006/88/EC

Textual Amendments

F5 Sch. 1E inserted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(11)

F6 Words in sch. 1E substituted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(4)(a)

Modifications to Article 29

1.   Article 29 is to be read as if—

(a) in the opening words of paragraph 1—

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

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

(iii) the reference to “Article 28(a)” were a reference 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 a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

(ii) the reference to “any Member State” were a reference to “Scotland”;

(c) in paragraph 1(b)—

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

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

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

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

(e) in paragraph 3—

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

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

(f) paragraph 4 were omitted.

[F7 Modification to Article 33

1A.   Article 33 is to be read as if in paragraph 1 the reference to “the competent authority” were a reference to “the Scottish Ministers”.]

Textual Amendments

F7 Sch. 1E para. 1A inserted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(4)(b)

Modifications to Part 1 of Annex 2

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 a reference to regulation 13(1)(a) of these Regulations;

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

(iii) in point (g)—

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

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

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

Modifications to Part 2 of Annex 2

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

Modifications to Part A of Annex 3

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 2A(1) of Decision 2015/1554”;

(iii) in the entry corresponding to Category 4, the words in brackets referred to “Article 2a(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 48

SCHEDULE 2 Repeals, amendments and revocations

1.  The Diseases of Fish Act 1937 M1 is repealed.

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.

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–

““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; section 41(1) was amended by the Environment Act 1995 (c. 25), Schedule 15, paragraph 20(a).

4.  In section 1(1) of the Import of Live Fish (Scotland) Act 1978 M4 , omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.

Marginal Citations

M4 1978 c. 35.

5.  In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 M5 , omit the entry relating to the Diseases of Fish Act 1937.

Marginal Citations

M5 1979 c. 2.

6.  The Diseases of Fish Act 1983 M6 is repealed.

Marginal Citations

M6 1983 c. 30.

7.  In the Salmon Act 1986 M7 –

(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.

Marginal Citations

M7 1986 c. 62.

8.  In the Water Act 1989 M8 –

(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.

Marginal Citations

M8 1989 c. 15.

9.  In the Environment Act 1995 M9 –

(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 the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 M10 –

(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) ”.

Marginal Citations

M10 2003 asp 15.

11.  In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 M11 , for “the Diseases of Fish Act 1937 (c. 33)”, substitute “ Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.

Marginal Citations

M11 2004 c. 11.

12.  The Diseases of Fish (Control) Regulations 1994 M12 are revoked.

Marginal Citations

M12 S.I. 1994/1447.

13.  The Fish Health Regulations 1997 M13 are revoked.

Marginal Citations

M13 S.I. 1997/1881.

14.  The Diseases of Fish (Control) Amendment (Scotland) Regulations 2000 M14 are revoked.

Marginal Citations

M14 S.S.I. 2000/330.

15.  The Fish Health Amendment (Scotland) Regulations 2001 M15 are revoked.

Marginal Citations

M15 S.S.I. 2001/409.

16.  In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M16 omit paragraph 21.

Marginal Citations

M16 S.I. 2002/794.