The Aquatic Animal Health Regulations (Northern Ireland) 2009

Enforcement notices

39.—(1) An inspector may serve a notice (“an enforcement notice”) on a relevant person if the inspector considers that—

(a) any condition of an authorisation or licence or any requirement in these Regulations has not been complied with, is not being complied with or is not likely to be complied with; or

(b) the person does not have satisfactory measures in place to prevent or limit the risk of the spread of disease.

(2) An enforcement notice served under paragraph (1) may require—

(a) the execution of such works; or

(b) the taking of such other steps,

as the inspector considers necessary to prevent or limit the risk of the spread of disease.

(3) An enforcement notice shall—

(a) give the reasons for the service of the notice and for the requirements in it;

(b) specify the steps which the relevant person is required to take;

(c) state the date by which the steps must be taken; and

(d) inform the relevant person of the right of appeal under regulation 44.

(4) Except where regulation 44(7) applies, it is an offence for a person to fail to comply with an enforcement notice.

(5) In this regulation and in regulation 40 a “relevant person” means—

(a) the operator of an aquaculture production business or processing establishment authorised under Part 2;

(b) the operator of a put and take fishery or non-commercial installation registered under Part 2;

(c) the holder of a licence granted under these Regulations; or

(d) a transporter.