The Aquatic Animal Health (England and Wales) Regulations 2009

PART 4 E+W Notification and control of disease outbreaks

Interpretation of Part 4 E+W

22.  In this Part—

“confirmed designation” means a designation made by the competent authority under regulation 28;

“confirmed designation area” means the area in respect of which a confirmed designation has been made;

“initial designation” means a designation made by the competent authority under regulation 24;

“initial designation area” means the area in respect of which an initial designation has been made.

Obligation to notify in case of suspicion of a listed disease or increased mortality E+W

23.—(1) A relevant person is guilty of an offence if that person—

(a) knows or suspects that a listed disease is present in aquatic animals; and

(b) fails immediately to notify the competent authority of the information or other matter on which that knowledge or suspicion is based.

(2) A relevant person is guilty of an offence if that person—

(a) knows or suspects that increased mortality has occurred or is occurring in aquaculture animals; and

(b) fails immediately to notify the competent authority or a veterinarian of the information or other matter on which that knowledge or suspicion is based.

(3) In this regulation “a relevant person” means—

(a) the owner of, or any person attending, aquatic animals;

(b) any person accompanying aquaculture animals during transport;

(c) any veterinarian, or other professional, involved in aquatic animal health services; or

(d) any other person with an occupational relationship to aquatic animals of susceptible species or to products of such animals.

Initial designation E+W

24.—(1) Where the competent authority suspects that a listed disease or an emerging disease is present, or may become present, in aquatic animals in England or Wales, it must designate such area as it considers appropriate to prevent or limit the spread of that disease.

(2) Where the competent authority has made an initial designation, it must—

(a) take samples of any water or aquatic animals which it suspects are infected;

(b) examine the samples in a laboratory designated by the [F1 competent authority]; and

(c) undertake an epizootic investigation in accordance with Article 29 of [F2 Directive 2006/88/EC].

(3) A person commits an offence if, without the prior written consent of the competent authority, that person—

(a) moves any aquatic animal into, out of or within an initial designation area; or

(b) disposes of any dead aquatic animal which comes from that area.

[F3 (4) The reference in paragraph (2)(c) to Article 29 of Directive 2006/88/EC is to be read in accordance with paragraph 1 of Schedule 1A to these Regulations.]

Textual Amendments

F1 Words in reg. 24(2)(b) substituted (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(6)(a)(i)

F2 Words in reg. 24(2)(c) substituted (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(6)(a)(ii)

F3 Reg. 24(4) 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(6)(b)

Contents and publication of an initial designation E+W

25.—(1) An initial designation must—

(a) be in the form of a written notice;

(b) describe the initial designation area;

(c) describe the circumstances in which a person commits an offence under regulation 24(3);

(d) specify any consent given by the competent authority under regulation 24(3).

(2) An initial designation may specify that—

(a) any equipment, material or substance liable to transmit disease must not be moved into, out of or within the initial designation area or any part of that area;

(b) any means of transport liable to transmit disease must not be moved into, out of or within that area or any part of that area.

(3) The competent authority must serve a copy of an initial designation on any person it considers likely to be materially affected by the making of the designation.

[F4 (3A) An initial designation may be amended, suspended or withdrawn by further notice.]

(4) It is an offence not to comply with any restriction imposed under paragraph (2).

Textual Amendments

F4 Reg. 25(3A) inserted (1.5.2011) by The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/981), regs. 1, 2(4)

Actions by an inspector in respect of an initial designation E+W

26.—(1) This regulation applies where the competent authority has made an initial designation.

(2) An inspector may—

(a) take samples of any aquatic animal or water in the initial designation area;

(b) slaughter, destroy or dispose of any such animal.

(3) An inspector may by written notice direct any person to—

(a) take steps to secure the slaughter, destruction or disposal of any aquatic animal in the initial designation area;

(b) operate a disinfection facility at the entrance to, and exit from, any farm or mollusc farming area in that area;

(c) disinfect any means of transport in that area;

(d) take any other steps which the inspector considers necessary to eradicate the disease or to prevent or limit the spread of the disease to other aquatic animals.

(4) An inspector may by written notice prohibit any person from entering any farm or mollusc farming area within the initial designation area.

(5) Where an inspector considers that a requirement under paragraph (3) has not been complied with, the inspector may—

(a) enter any place within the initial designation area;

(b) take or cause to be taken such steps as the inspector considers necessary to—

(i) ensure compliance with the requirement; or

(ii) remedy the consequences of the failure to carry it out;

(c) recover any expenses reasonably incurred in so doing from any person who has failed to comply with the requirement.

(6) It is an offence not to comply with a requirement imposed under paragraph (3) or (4).

Withdrawal of initial designation E+W

27.  The competent authority must withdraw an initial designation when—

(a) it is satisfied that the suspected disease is not present, or is not likely to become present, in the initial designation area; or

(b) it has designated the area under regulation 28.

Confirmed designation E+W

28.—(1) Where the competent authority has confirmed that a listed disease or an emerging disease is present in aquatic animals in England or Wales, it must designate such area as it considers appropriate to prevent or limit the spread of that disease.

(2) A person commits an offence if, without the prior written consent of the competent authority, that person—

(a) moves any aquatic animal into, out of or within a confirmed designation area; or

(b) disposes of any dead aquatic animal which comes from that area.

Contents and publication of a confirmed designation E+W

29.—(1) A confirmed designation must—

(a) be in the form of a written notice;

(b) describe the confirmed designation area;

(c) describe the circumstances in which a person commits an offence under regulation 28(2);

(d) specify any consent given by the competent authority under regulation 28(2).

(2) A confirmed designation may specify that—

(a) any equipment, material or substance liable to transmit disease must not be moved into, out of or within the confirmed designation area or any part of that area;

(b) any means of transport liable to transmit disease must not be moved into, out of or within that area or any part of that area.

(3) The competent authority must—

(a) publish a confirmed designation in such manner as it considers appropriate;

(b) serve a copy of a confirmed designation on any person it considers likely to be materially affected by the making of the designation.

[F5 (3A) A confirmed designation may be amended, suspended or withdrawn by further notice.]

(4) It is an offence not to comply with any restriction imposed under paragraph (2).

Textual Amendments

F5 Reg. 29(3A) inserted (1.5.2011) by The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/981), regs. 1, 2(5)

Actions by an inspector in respect of a confirmed designation E+W

30.—(1) This regulation applies where the competent authority has made a confirmed designation.

(2) An inspector may—

(a) take samples of any aquatic animal or water in the confirmed designation area;

(b) slaughter, destroy or dispose of any such animal.

(3) An inspector may by written notice direct any person to—

(a) take steps to secure the slaughter, destruction or disposal of any aquatic animal in the confirmed designation area;

(b) operate a disinfection facility at the entrance to, and exit from, any farm or mollusc farming area in that area;

(c) disinfect any means of transport in that area;

(d) take any other steps which the inspector considers necessary to eradicate the disease or to prevent or limit the spread of the disease to other aquatic animals.

(4) An inspector may by written notice prohibit any person from entering any farm or mollusc farming area within the confirmed designation area.

(5) Where an inspector considers that a requirement under paragraph (3) has not been complied with, the inspector may—

(a) enter any place within the confirmed designation area;

(b) take or cause to be taken such steps as the inspector considers necessary to—

(i) ensure compliance with the requirement; or

(ii) remedy the consequences of the failure to carry it out;

(c) recover any expenses reasonably incurred in so doing from any person who has failed to comply with the requirement.

(6) It is an offence not to comply with a requirement imposed under paragraph (3) or (4).

Withdrawal of confirmed designation E+W

31.  The competent authority must withdraw a confirmed designation when it is satisfied that the listed disease or the emerging disease is not present in the confirmed designation area.