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Statutory Instruments

2009 No. 463

Animal Health, England And Wales

The Aquatic Animal Health (England and Wales) Regulations 2009

Made

3rd March 2009

Laid before Parliament

5th March 2009

Laid before the National Assembly for Wales

5th March 2009

Coming into force in accordance with regulation 1

Contents

Go to Preamble

  1. PART 1

    General

    1. 1. Title and commencement

    2. 2. Extent and application

    3. 3. Interpretation

  2. PART 2

    Authorisation and registration requirements

    1. 4. Application of Part 2

    2. 5. Authorisation

    3. 6. Authorisation conditions for aquaculture production businesses

    4. 7. Authorisation conditions for processing establishments

    5. 8. Application for an authorisation

    6. 9. Amendment of an authorisation

    7. 10. Suspension of an authorisation

    8. 11. Revocation of an authorisation

    9. 12. Registration

    10. 13. Public record of aquaculture production businesses and processing establishments

    11. 14. Transitional provision

  3. PART 3

    Placing on the market

    1. 15. Application of Part 3

    2. 16. General health requirements

    3. 17. Certification requirements

    4. 18. Additional certification provisions

    5. 19. Disease prevention requirements in respect of transport

    6. 20. Recording of information in respect of transport

    7. 21. Exemption for transport in small containers

  4. PART 4

    Notification and control of disease outbreaks

    1. 22. Interpretation of Part 4

    2. 23. Obligation to notify in case of suspicion of a listed disease or increased mortality

    3. 24. Initial designation

    4. 25. Contents and publication of an initial designation

    5. 26. Actions by an inspector in respect of an initial designation

    6. 27. Withdrawal of initial designation

    7. 28. Confirmed designation

    8. 29. Contents and publication of a confirmed designation

    9. 30. Actions by an inspector in respect of a confirmed designation

    10. 31. Withdrawal of confirmed designation

  5. PART 5

    Enforcement, appeals and penalties

    1. 32. Entry and inspection of land and premises

    2. 33. Search and examination of items on land and premises

    3. 34. Production of documents

    4. 35. Seizure of items

    5. 36. Enforcement notices

    6. 37. Appeals

    7. 38. Obstruction

    8. 39. Offences by bodies corporate

    9. 40. Penalties

  6. PART 6

    Miscellaneous

    1. 41. Vaccination

    2. 42. Public register of disease-free zones and compartments

    3. 43. Disclosure of information

    4. 44. Service of notices

    5. 45. Repeals, amendments and revocations

    1. SCHEDULE 1

      List of diseases

    2. SCHEDULE 2

      Repeals, amendments and revocations

Go to Explanatory Note

The Secretary of State and the Welsh Ministers are each designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.

These Regulations make provision for purposes mentioned in that section and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference to the following Community instruments to be construed as a reference to those instruments as amended from time to time:

(a) Commission Decision 2004/453/EC(3) on implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals;

(b) Council Directive 2006/88/EC(4) on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and

(c) Commission Regulation (EC) No.1251/2008(5) on implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.

The Secretary of State in relation to England and the Welsh Ministers in relation to Wales make these Regulations under the powers conferred by section 2(2) of, as read with paragraph 1A(6) of Schedule 2 to, the European Communities Act 1972.

(1)

S.I. 1972/1811 and S.I. 2005/2766. By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32), functions conferred on the National Assembly for Wales by the designation in S.I. 2005/2766 are exercisable by the Welsh Ministers. Back [1]

(3)

OJ No L 156, 30.4.2004, p5; corrected by OJ No L 202, 7.6.2004, p4 which substitutes new text for the whole of Commission Decision 2004/453/EC. Back [3]

(4)

OJ No L 328, 24.11.2006, p14; corrected by OJ No L 140, 1.6.2007, p59, OJ No L 239, 12.9.2007, p70. Back [4]

(5)

OJ No L 337, 16.12.2008, p41. Back [5]

(6)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51). Back [6]

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