The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations2011

law://uk/ssi/2011/427@2026-11-12

Contents

1Citation, commencement and extent#

(1)These Regulations may be cited as the Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations 2011 and come into force on the day after the day on which they are made.

(2)These Regulations extend to Scotland only.

2Amendment of the Aquatic Animal Health (Scotland) Regulations 2009#

(1)The Aquatic Animal Health (Scotland) Regulations 2009 are amended in accordance with paragraphs(2) to (7).

(2)In regulation 3(1) (interpretation)—

(a)for the definition of “processing establishment” substitute—“• “processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No853/2004 and which may, when granted an authorisation under regulation7, slaughter aquaculture animals for disease control purposes in accordance with Article33 of Chapter V of Directive 2006/88/EC; which aquaculture animals—(a) are the subject of a notice; or(b) come from an area, farm or mollusc farming area which is the subject of a notice,under Part 4 of these Regulations, or of any provision in any Regulations made in relation to England, Wales or Northern Ireland which has equivalent effect to that Part;; and”

(b)before the definition of “Regulation (EC) No.1251/2008” insert—“• “Regulation (EC) No853/2004” means Regulation (EC) No853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ L139, 30.4.2004, p.55), as amended from time to time;”

(3)In paragraphs (1) and (7) of regulation 12 (registration), for “undertaking” substitute “installation”.

(4)Regulation27 (withdrawal of initial designation) becomes paragraph(1) of that regulation and after paragraph(1) insert—“2 Where the initial designation area comprises the whole of Scotland, the competent authority may only withdraw the initial designation in the circumstances described in paragraph(1)(a) or (b) in respect of that part or those parts of Scotland where the suspected disease is not present or likely to become present, or which has or have been designated under the following regulation.”

(5)Regulation31 (withdrawal of a confirmed designation) becomes paragraph(1) of that regulation and after paragraph(1) insert—“2 Where the confirmed designation area comprises the whole of Scotland, the competent authority may only withdraw the confirmed designation in the circumstances described in paragraph(1) in respect of that part or those parts of Scotland where the disease is not present.”

(6)After regulation31 insert—“31A 1 In this Part and in Schedules1A and 1B—• “fish” does not include shellfish but otherwise means fish of any kind;• “fish farm” means any place used for the purposes of fish farming;• “fish farming” means the keeping of fish with a view to their sale or to their transfer to other waters; but only where the business involved in that activity is authorised as an aquaculture production business under regulation 6;• “shellfish” includes crustaceans and molluscs of any kind and any brood, ware, half-ware, spat or spawn of shellfish;• “shellfish farm” means any place used for the purposes of shellfish farming;• “shellfish farming” means the cultivation or propagation of shellfish with a view to their sale or transfer to other waters or land; but only where such activity is authorised as an aquaculture production business under regulation 6;• “year” means a period of 12 months ending on 30th November.2 Any reference to fish or shellfish, other than an express reference to a dead fish or dead shellfish, is a reference to a live fish or live shellfish.31B 1 Not later than 31stDecember each year, the operator of—a an aquaculture production business authorised under regulation6; orb a processing establishment authorised under regulation7,must provide the Scottish Ministers with the information specified in paragraph(2) in respect of the previous year.2 The information specified for the purposes of paragraph(1) is—a in the case of an aquaculture production business comprising a—i fish farm, the information specified in Part1 of Schedule1A in respect of each site at which fish are farmed in the course of the business;ii shellfish farm, the information specified in Part2 of Schedule1A in respect of each site at which shellfish are farmed in the course of the business; andb in the case of a processing establishment, the information specified in Part 3 of Schedule 1A in respect of each site at which the business operates.31C 1 The operator of a business mentioned in regulation31B(1) must compile a record—a in the case of an aquaculture production business comprising a—i fish farm, of the particulars specified in Part1 of Schedule1B in respect of each site at which fish are farmed in the course of the business;ii shellfish farm, of the particulars specified in Part2 of Schedule1B in respect of each site at which shellfish are farmed in the course of the business; andb in the case of a processing establishment, of the particulars specified in Part 3 of Schedule 1B in respect of each site at which the business operates.2 The particulars referred to in paragraph(1) must be entered in the record within 24hours of the movement or observation, as the case may be, the particulars relate to.3 The record compiled under paragraph(1) must be retained by the operator of the business the record relates to for not less than 4years from the date of the last entry.31D 1 The operator of an aquaculture production business comprising a fish farm authorised under regulation6 must immediately notify the Scottish Ministers of the circumstances on, or in the vicinity of, the fish farm which—a are believed by that person to have caused an escape of fish; orb gave rise to a significant risk of an escape of fish.2 A notification under this regulation is referred to in this Part and in Schedule1C as an “initial notification” and must contain the information specified in the form in Schedule1C.31E 1 No later than 28 days after the day a person gives an initial notification under regulation31D(1)(a), that person must notify the Scottish Ministers of—a the number of fish that are believed by that person to have escaped from the fish farm;b the details of any steps taken by that person to recover the fish;c the number of fish recovered following the escape; andd the details of the follow up action taken by that person following the escape.2 A notification under this regulation is referred to in Schedule1D as a “final notification” and must contain the information specified in the form in Schedule1D.”

(7)After Schedule1, insert—“1 The number of, and the number of consignments of—a in the case of salmon—i ova;ii fry, parr or smolts; andiii post smolts; andb in the case of each species of fish, other than salmon—i ova;ii fish weighing up to and equal to 5grams; andiii fish weighing more than 5grams,that were moved on to the site, and off the site for the purpose of stocking other waters.2 A statement whether fish, dead or alive, have been moved on to the site to be eviscerated or processed.1 In the case of shellfish moved on to the site—a the number of consignments of each species which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks; andb the number or total weight of each species in each consignment which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks.2 In the case of shellfish moved off the site for the purpose of stocking other waters—a the number of consignments of each species; andb the number or total weight of each species.1 In the case of fish—a the number of, and the number of consignments of, each species of fish received at the processing establishment for processing; andb in respect of each consignment, the authorised production business and the containment area* from which the fish came.2 In the case of shellfish—a the number or total weight of, and the number of consignments of, each species of shellfish received at the processing establishment for processing; andb in respect of each consignment, the authorised production business and the containment area* from which the shellfish came.*“Containment area” has the meaning given in paragraph(c) of AnnexI (definitions) to Council Directive 2006/88/EC.1 In respect of each consignment, respectively, of fish, eggs or gametes moved on to the site—a the date of the movement;b the species;c the number or weight;d the size of fish;e in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;f in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5grams or fish weighing more than 5grams;g the source;h the suppliers; andi the name of the carrier.2 In respect of each consignment of, respectively, fish, eggs or gametes moved off the site—a the date of the movement;b the species;c the number or weight;d the size of fish;e in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;f in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5grams or fish weighing more than 5grams;g the destination; andh the name of the carrier.3 1 Any increased mortality in respect of—a the fish on the site; andb any consignments of fish, eggs or gametes moved on to, or off, the site.2 In sub-paragraph(1), “increased mortality” has the meaning given in paragraph(j) of AnnexI (definitions) to Council Directive 2006/88/EC.1 In respect of each consignment of shellfish moved on to the site and each consignment of shellfish moved off the site for the purpose of stocking other waters—a the date of the movement;b the species;c the number or weight;d the average size or weight;e the source; andf the name of the carrier.2 Increased mortality (which has the meaning given in paragraph (j) of Annex I (definitions) to Council Directive 2006/88/EC).1 In respect of each consignment of fish or shellfish received at the processing establishment—a the date of receipt;b the species;c the number or weight;d the supplier;e the name of the carrier; andf the destination of the fish or shellfish after processing.”

3Amendment of the Aquaculture and Fisheries (Scotland) Act 2007#

(1)The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with paragraphs(2) to (4).

(2)In section12 (interpretation: Part1)—

(a)for the definition of “fish farming” substitute ““fish farming” means the keeping of live fish with a view to their sale or to their transfer to other waters; but only where the business involved in that activity is authorised as an aquaculture production business under regulation6 of the 2009 Regulations;”; and

(b)for the definition of “shellfish farming” substitute ““shellfish farming” means the cultivation or propagation of shellfish with a view to their sale or transfer to other waters or land; but only where the business involved in that activity is authorised as an aquaculture production business under regulation6 of the 2009 Regulations;”.

(3)In section37(6) (definitions for the purposes of that section)—

(a)for the definition of “fish farming” substitute ““fish farming” has the same meaning as in Part1, except that businesses involved in such activity need not be authorised as an aquaculture production business under regulation6 of the 2009 Regulations;”; and

(b)for the definition of “shellfish farming” substitute ““shellfish farming” has the same meaning as in Part1, except that businesses involved in such activity need not be authorised as an aquaculture production business under regulation6 of the 2009 Regulations.”.

(4)In section44 (interpretation: general), at the end, insert—“• “the 2009 Regulations” means the Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85).”

4Revocation of the Shellfish and Specified Fish (Third Country Imports) Order 1992.#

The Shellfish and Specified Fish (Third Country Imports) Order 1992 is revoked.

Contains public sector information licensed under the Open Government Licence v3.0.

The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations2011

The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations2011

1Citation, commencement and extent#

2Amendment of the Aquatic Animal Health (Scotland) Regulations 2009#

3Amendment of the Aquaculture and Fisheries (Scotland) Act 2007#

4Revocation of the Shellfish and Specified Fish (Third Country Imports) Order 1992.#

Defined terms · 10

Connections

History · 1 version

Key facts

1Citation, commencement and extent#

2Amendment of the Aquatic Animal Health (Scotland) Regulations 2009#

3Amendment of the Aquaculture and Fisheries (Scotland) Act 2007#

4Revocation of the Shellfish and Specified Fish (Third Country Imports) Order 1992.#