Diseases of Fish Act 1983

4 (1) Section 6 of the 1937 Act (powers of entry and inspection) shall be amended as follows.

(2) At the end of subsection (1) (power to authorise entry on land) there shall be inserted—

“The preceding provisions of this subsection shall have effect for the purpose of authorising the boarding of and entry into a cage situated in marine waters and used for the purposes of a business of fish farming as they have effect for the purpose of authorising entry on land.”

(3) In subsection (2) (power of inspector to inspect waters, take samples and enter land) after " power " there shall be inserted " (to the extent that he does not have it apart from this subsection) " .

(4) For paragraph (a) of subsection (2) there shall be substituted—

“(a) to inspect any inland waters in which fish or the eggs of fish or foodstuff for fish are likely to be found, and to take therefrom samples of any fish or of any such eggs or foodstuff or of water, mud, vegetation or other matter ;

(aa) to inspect any cage situated in marine waters and used for the purposes of a business of fish farming, and to take therefrom samples of any fish or of any eggs of fish or of foodstuff for fish or of water or other matter ;

(ab) to inspect any marine waters in which fish of the salmon family or freshwater fish or the eggs of such fish or foodstuff for fish are likely to be found, and to take therefrom samples of any such fish, eggs or foodstuff or of water, mud, vegetation or other matter ;”.

(5) After paragraph (b) of subsection (2) there shall be inserted—

“(c) for the purpose of exercising any powers or performing any duties under this Act, to board and enter, upon production on demand of his authority, any cage situated in marine waters and used for the purposes of a business of fish farming.”

(6) In subsection (2) for " obstructs " there shall be substituted " intentionally obstructs " .

(7) In subsection (3) (compensation to occupier where non-infected fish taken from waters by inspector) for " any waters " there shall be substituted " any inland waters " .

(8) After subsection (3) there shall be inserted—

“(3A) If in any sample of fish taken from a cage by an inspector under the powers conferred by subsection (2)(aa) of this section none is found to be infected, the Minister shall pay to the person who owns or possesses the cage and uses it for the purposes of a business of fish farming carried on by him a sum equal to the market value of the fish taken in that sample.”

(9) In subsection (4) for " obstructs " there shall be substituted " intentionally obstructs " .