The Fish Health Amendment (Scotland) Regulations 2001

Citation and commencement and extent

1.—(1) These Regulations may be cited as the Fish Health Amendment (Scotland) Regulations 2001 and come into force on 29th November 2001.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations, “the principal Regulations” means the Fish Health Regulations 1997(1).

Amendment of the principal Regulations

3.  In regulation 2 (interpretation) of the principal Regulations–

(a) for the definition of “the Minister” there is substituted–

““the Minister” means the Scottish Ministers”;

(b) after the definition of “premises” there is inserted–

• ““Scotland” has the same meaning as in section 126(1) of the Scotland Act 1998(2);”.

4.  For regulation 3(2)(a) (placing on the market of aquaculture animals and aquaculture products) of the principal Regulations there is substituted–

“(a) they must show no clinical signs of disease on the day of loading;”.

5.  For regulation 11 (export to other parts of the European Community of aquaculture animals and aquaculture products from Great Britain) of the principal Regulations there is substituted–

“Export to other parts of the European Community of aquaculture animals and aquaculture products from Scotland

11.— (1) No person shall export from Scotland to another part of the European Community any aquaculture animal or aquaculture product which does not meet, or is not dispatched in accordance with, the relevant requirements.

(2) For the purposes of this regulation “relevant requirements” means–

(a) the provisions of Articles 7 to 11 inclusive, 14 and 16 of Directive 91/67/EEC; and

(b) any additional guarantees required under Articles 12 and 13 of that Directive.

(3) This regulation does not apply to the movement from Scotland to another part of Great Britain of any aquaculture animal or aquaculture product.”.

6.  For regulation 12(3) (notification of disease) of the principal Regulations there is substituted–

“(3) A veterinary inspector shall have powers to take such samples of or from fish or molluscs as may be necessary to establish whether a disease listed in Schedule 1 is present among fish or molluscs where–

(a) notification has been given under paragraph (1) above; or

(b) where the inspector otherwise has reasonable cause for suspecting the presence amongst fish or molluscs of a disease listed in Schedule 1.”.

7.  Regulation 13 (powers–diseases of fish) of the principal Regulations is omitted.

8.  In regulation 15 (powers of veterinary inspector) of the principal Regulations–

(a) there is substituted for paragraph (1)–

“(1) A veterinary inspector shall have the powers set out in this regulation.”;

(b) in paragraph (2) the words “ascertaining whether there is or has been on the premises any contravention of” are omitted; and

(c) after paragraph (4) there is inserted–

“(4A) Subject to paragraph (4B) below, a veterinary inspector shall have power to undertake from time to time investigations to establish the incidence in Scotland or any part of Scotland of any disease listed in Schedule 1 or any agent associated with such disease and for that purpose may undertake such inspections and take such samples as may be necessary.

(4B) A veterinary inspector may undertake an investigation mentioned in paragraph (4A) only with the consent of the Scottish Ministers and subject to such directions (which may be general or specific) as they may consider appropriate.”.

9.  For Schedules 2, 3 and 7 to the principal Regulations there is substituted the Schedules set out in Schedules 1, 2 and 3 respectively to these Regulations.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th November 2001