Designation of areas as designated bivalve production areas
3.—(1) The Ministers shall designate sea waters and brackish waters from which live bivalve molluscs may be taken in accordance with the requirements of this Part and shall specify as respects each area of water designated by them whether it is—
(a)a class A area from which live bivalve molluscs can be gathered as specified in Part 1 of Chapter I of Schedule 2;
(b)a class B area from which live bivalve molluscs can be gathered as specified in Part 2 of Chapter I of Schedule 2;
(c)a class C area from which live bivalve molluscs can be gathered as specified in Part 3 of Chapter I of Schedule 2,
and any such designation may be subject to such limitation, condition or restriction as appears to the Ministers to be called for by article 5(2) of the Live Bivalve Molluscs Directive.
(2) Each food authority shall, wherever possible, designate as a relaying area any area within their district which—
(a)fulfils the conditions required for designation as a class A or B area specified in paragraph (1)(a) and (b); and
(b)in their opinion is suitable for the relaying of live bivalve molluscs if the conditions specified in Parts 2 and 3 of Chapter I of Schedule 2 and in Chapter III of Schedule 2 are satisfied,
and, where the Ministers have notified the food authority that specified conditions relating to the matters mentioned in Chapter III of Schedule 2 should be complied with as respects the operation of the relaying area, the food authority shall make that designation subject to those conditions.
(3) The food authority shall notify the Ministers of any designation made under paragraph (2) and of its terms.