Diseases of Fish Act 1983

2 Infected waters

The following shall be substituted for section 2 of the 1937 Act (provisions as to infected areas)—

“2 Power to designate areas.

(1) If, at any time, the Minister has reasonable grounds for suspecting that any inland or marine waters are or may become infected waters, he may by order designate the waters and such land adjacent to them as he considers appropriate in the circumstances; and in the following provisions of this section ' designated area ' means anything designated by an order under this section.

(2) The Minister may, to such extent as he considers practicable and desirable for the purpose of preventing the spread of infection among fish, by the same or a subsequent order—

(a) prohibit or regulate the taking into or out of the designated area of such of the following (or of such description of them) as may be specified in the order, namely, live fish, live eggs of fish and foodstuff for fish;

(b) regulate the movement within the area of such of those things (or of such description of them) as may be specified in the order.

(3) Any person who is the occupier of any inland waters in a designated area, or carries on the business of fish farming in any marine waters in such an area, shall be entitled, on application, to be supplied by the Minister free of charge with a report of the evidence on which the order was made.

This subsection does not apply to Scotland.

(4) In Scotland any person who—

(a) is the occupier of any inland waters;

(b) carries on the business of fish farming in any marine waters;

(c) has a right to fish for salmon in any marine waters; or

(d) has a right of fishing in any private non-navigable marine waters,

which are in a designated area, shall be entitled, on application, to be supplied by the Secretary of State free of charge with a report of the evidence on which the order was made.

(5) Any order under this section shall be published in the prescribed manner and may be varied or revoked by a subsequent order made under this section.

(6) If any person intentionally contravenes any provision of an order under this section he shall be guilty of an offence.

2A Designated areas: direction to remove fish.

(1) Where an order is in force under section 2 of this Act, the Minister may serve a notice in writing on—

(a) any occupier of inland waters situated in the designated area (that is, the area designated by the order);

(b) any person carrying on the business of fish farming in marine waters situated in the designated area.

(2) A notice served on a person under subsection (1)(a) of this section may direct him to take such practicable steps as are specified in the notice to secure the removal of dead or dying fish from the waters concerned, and may regulate the manner in which any fish removed from the waters, and any parts of such fish, are to be disposed of.

(3) A notice served on a person under subsection (1)(b) of this section may direct him to take such practicable steps as are specified in the notice to secure the removal of dead or dying fish from any cage which is owned or possessed by him, is used for the purposes of the business and is situated in the waters concerned, and may regulate the manner in which any fish removed from such a cage, and any parts of such fish, are to be disposed of.

(4) No notice may be served under subsection (1)(a) of this section in respect of waters in the area of a water authority, not being a fish farm.

(5) If the Minister is satisfied that a direction contained in a notice served under this section has not been complied with within the time specified in the notice, he may authorise an inspector to carry out the direction, and any expenses reasonably incurred by the inspector in so doing shall be recoverable by the Minister from the person upon whom the notice was served; and if any person intentionally does any act which is prohibited by such a notice, he shall be guilty of an offence unless he shows that he did not know that the act was so prohibited.

2B Designated areas: authority to remove fish.

(1) Where an order is in force under section 2 of this Act, the Minister, if he is satisfied that for the protection against disease of the stock of fish in any waters it is necessary to do so, may by a notice served under section 2A of this Act or otherwise in writing give authority falling within subsection (2) or (3) of this section; and in those subsections ' the designated area' means the area designated by the order.

(2) Authority falling within this subsection is authority to any occupier of inland waters situated in the designated area to remove, notwithstanding anything in any agreement to the contrary, any fish (or any fish of a description specified in the authorisation) from the waters, and to do so by such agents and by such methods (including methods otherwise illegal) as the Minister considers to be most expedient for the purpose.

(3) Authority falling within this subsection is authority to any person carrying on the business of fish farming in marine waters situated in the designated area to remove, notwithstanding anything in any agreement to the contrary, any fish (or any fish of a description specified in the authorisation) from any cage which is owned or possessed by him, is used for the purposes of the business and is situated in the waters, and to do so by such agents and by such methods (including methods otherwise illegal) as the Minister considers to be most expedient for the purpose.

(4) No authority may be given as mentioned in subsection (2) of this section in respect of waters in the area of a water authority, not being a fish farm.

(5) Where a person has in pursuance of an authority under this section removed any fish, he shall comply with any directions given to him by the Minister as to the manner in which the fish, and any parts of such fish, are to be disposed of; and, if he intentionally fails to comply with any such directions, he shall be guilty of an offence.”