The Aquatic Animal Health (England and Wales) Regulations 2009

Regulation 3(4)

SCHEDULE 1E+WList of diseases

Regulations 13(7), 13(8), 18(7) and 24(4)

[F3SCHEDULE 1AE+WModifications to Directive 2006/88/EC

Modifications to Article 29E+W

1.  Article 29 is to be read as if—

(a)in the words before paragraph 1(a)—

(i)the reference to “Member States” were to the competent authority;

(ii)the reference to “Article 28(b)(iii)” were to regulation 24(2)(c) of these Regulations;

(iii)the reference to “Article 28(a)” were to regulation 24(2)(a) and (b) of these Regulations;

(b)in paragraph 1(a)—

(i)the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(ii)the reference to “any Member State” were to England or Wales;

(c)in paragraph 1(b)—

(i)the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(ii)the reference to “Member States, zones or compartments” were to England or Wales, or any zone or compartment within England or Wales; and

(iii)the reference to “Part A of Annex III” were a reference to Part A of Annex 3 read in accordance with paragraph 4;

(d)in paragraph 2(b), the reference to “Article 26(1)” were to regulation 23 of these Regulations;

(e)in paragraph 3—

(i)the reference to “the Member State” were to the competent authority;

(ii)the references to “Article 28” were to regulation 24 of these Regulations;

(f)paragraph 4 were omitted.

Modifications to Part 1 of Annex 2E+W

2.  Part 1 of Annex 2 is to be read as if—

(a)in paragraph 1—

(i)in the words before point (a), the reference to “Article 6” were to regulation 13(1)(a) of these Regulations;

(ii)in point (f), the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(iii)in point (g)—

(aa)the reference to “a Member State, zone or compartment” were to England or Wales, or any zone or compartment within England or Wales;

(bb)the reference to “Annex 4” were to Annex 1A to Regulation (EC) No 1251/2008;

(b)in paragraph 2, the reference to “the second subparagraph of Article 4(1)” were to regulation 5(2) of these Regulations..

Modifications to Part 2 of Annex 2E+W

3.  Part 2 of Annex 2 is to be read as if, in the words before point (a), the reference to “Article 6” were to regulation 13(1)(b) of these Regulations.

Modifications to Part A of Annex 3E+W

4.  Part A of Annex 3 is to be read as if—

(a)in the heading, the words from “to” to “Article 12” were omitted;

(b)in the second column of the table—

(i)in the entry corresponding to Category 1, the words in brackets referred to Article 2a or 2b of Commission Decision 2009/177/EC;

(ii)in the entry corresponding to Category 2, the words in brackets referred to Article 2b(1) of Decision 2015/1554;

(iii)in the entry corresponding to Category 4, the words in brackets referred to Article 2b(3) of Decision 2015/1554;

(iv)in the entry corresponding to Category 5, the words in brackets referred to regulation 28 of these Regulations.]

Regulation 45

SCHEDULE 2E+WRepeals, amendments and revocations

1.  The Diseases of Fish Act 1937 M1 is repealed.E+W

2.  In Schedule 8 to the Water Act 1973 M2, omit paragraph 43.E+W

3.  In section 41(1) of the Salmon and Freshwater Fisheries Act 1975 M3, for the definition of “fish farm”, substitute—E+W

4.  In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 M4, omit the entry relating to the Diseases of Fish Act 1937.E+W

5.  In section 1(1) of the Import of Live Fish (England and Wales) Act 1980 M5 omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.E+W

6.  The Diseases of Fish Act 1983 M6 is repealed.E+W

7.  In the Salmon Act 1986 M7—E+W

(a)omit section 38; and

(b)omit paragraph 6 of Schedule 4.

8.  In the Water Act 1989 M8—E+W

(a)omit paragraphs 3 and 8 of Schedule 17; and

(b)in Part 1 of Schedule 27 omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.

9.  In the Environment Act 1995 M9—E+W

(a)in section 2(1)(a)(v) omit “the Diseases of Fish Act 1937,”;

(b)omit section 6(7)(b)(i); and

(c)in Schedule 15—

(i)in paragraph 2(4)(c)(ii) omit “or under the Diseases of Fish Act 1937”; and

(ii)omit paragraphs 4 and 23.

10.  In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 M10, for “the Diseases of Fish Act 1937”, substitute “ the Salmon and Freshwater Fisheries Act 1975 ”E+W

11.  The Diseases of Fish (Control) Regulations 1994 M11 are revoked.E+W

12.  The Fish Health Regulations 1997 M12 are revoked.E+W

13.  In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 M13 omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.E+W

14.  The Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002 M14 are revoked.E+W

15.  In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M15 omit paragraph 21.E+W