Diseases of Fish Act 1937 (repealed)

2A Designated areas: direction to remove fish. E+W+S

(1) Where an order is in force under section 2 of this Act, the Minister may serve a notice in writing on—

(a) any occupier of inland waters situated in the designated area (that is, the area designated by the order);

(b) any person carrying on the business of fish farming in marine waters situated in the designated area.

(2) A notice served on a person under subsection (1)(a) of this section may direct him to take such practicable steps as are specified in the notice to secure the removal of dead or dying fish from the waters concerned, and may regulate the manner in which any fish removed from the waters, and any parts of such fish, are to be disposed of.

(3) A notice served on a person under subsection (1)(b) of this section may direct him to take such practicable steps as are specified in the notice to secure the removal of dead or dying fish from any cage which is owned or possessed by him, is used for the purposes of the business and is situated in the waters concerned, and may regulate the manner in which any fish removed from such a cage, and any parts of such fish, are to be disposed of.

(4) No notice may be served under subsection (1)(a) of this section in respect of waters in the area of a water authority, not being a fish farm.

(5) If the Minister is satisfied that a direction contained in a notice served under this section has not been complied with within the time specified in the notice, he may authorise an inspector to carry out the direction, and any expenses reasonably incurred by the inspector in so doing shall be recoverable by the Minister from the person upon whom the notice was served; and if any person intentionally does any act which is prohibited by such a notice, he shall be guilty of an offence unless he shows that he did not know that the act was so prohibited.