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The Aquatic Animal Health (Scotland) Regulations 2009

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The Aquatic Animal Health (Scotland) Regulations 2009, PART 7 is up to date with all changes known to be in force on or before 22 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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PART 7F3F4F5F6F7MISCELLANEOUS

F3Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

F41972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) Schedule 8, paragraph 15(3) and section 27 of the Legislative and Regulatory Reform Act 2006. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

F5O.J. No. L 156, 30.4.2004, p.5, corrected by O.J. No. L 202, 7.6.2004, p.4 which substitutes new text for the whole of Commission Decision 2004/453/EC.

F6O.J. No. L 328, 24.11.2006, p.14.

F7O.J. No. L 337, 16.12.2008, p.41.

Vaccination

44.  It is an offence to vaccinate an aquatic animal against a listed disease without the prior written consent of the competent authority.

Public register of disease-free zones and compartments

45.—(1) The competent authority must establish and maintain a register of declarations made in relation to Scotland under Article 50 of Directive 2006/88/EC.

(2) The register must be publicly available for inspection free of charge at all reasonable times and at such place as determined by the competent authority.

Disclosure of information

46.—(1) The competent authority, any local authority, the Scottish Environmental Protection Agency and [F1Food Standards Scotland] may disclose information to each other for the purposes of these Regulations or Directive 2006/88/EC.

(2) The competent authority may disclose information to the equivalent authority in England, Wales or Northern Ireland for the purposes of these Regulations or the equivalent Regulations in England, Wales or Northern Ireland, or for the purposes of Directive 2006/88/EC.

Service of notices

47.—(1) Any notice served under these Regulations may be served on a person by–

(a)delivering it to that person;

(b)sending it by post;

(c)transmitting it electronically.

(2) Where the person on whom a notice to be served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of this regulation and section 7 of the Interpretation Act 1978 F2 (references to service by post) in its application to this regulation, the proper address of any person to whom a notice is given is–

(a)if the person has given an address for service, that address;

(b)if no address has been given–

(i)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

(ii)in any other case, the person's last known address at the time of service.

(4) If the notice is transmitted electronically, it is to be treated as duly served if–

(a)the person upon whom the notice is required or authorised to be served (“the recipient”) has indicated to the person serving the notice the recipient's willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose; and

(b)the notice is sent to the address provided.

Repeals, amendments and revocations

48.  Schedule 2 (repeals, amendments and revocations) has effect.

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