Regulation 48

SCHEDULE 2Repeals, amendments and revocations

1.  The Diseases of Fish Act 1937 M1 is repealed.

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

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

““fish farm”–

(a)means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and

(b)includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;”.

4.  In section 1(1) of the Import of Live Fish (Scotland) Act 1978 M4, omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.

5.  In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 M5, omit the entry relating to the Diseases of Fish Act 1937.

6.  The Diseases of Fish Act 1983 M6 is repealed.

7.  In the Salmon Act 1986 M7–

(a)in section 24(2)(b), omit “within the meaning of the Diseases of Fish Act 1937”; and

(b)omit paragraph 6 of Schedule 4.

8.  In the Water Act 1989 M8–

(a)in section 141(4)(b), for “, the Salmon and Freshwater Fisheries Act 1975 and the Diseases of Fish Act 1937” substitute “ and the Salmon and Freshwater Fisheries Act 1975 ”;

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

(c)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–

(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 the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 M10–

(a)in section 8(1), omit “Without prejudice to section 3 of the Diseases of Fish Act 1937 (c. 33) (powers and duties of fishery boards),”; and

(b)in section 69, in the definition of “fish farm” for “section 10(1) of the Diseases of Fish Act 1937” substitute “ section 41(1) of the Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.

11.  In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 M11, for “the Diseases of Fish Act 1937 (c. 33)”, substitute “ Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.

12.  The Diseases of Fish (Control) Regulations 1994 M12 are revoked.

13.  The Fish Health Regulations 1997 M13 are revoked.

14.  The Diseases of Fish (Control) Amendment (Scotland) Regulations 2000 M14 are revoked.

15.  The Fish Health Amendment (Scotland) Regulations 2001 M15 are revoked.

16.  In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M16 omit paragraph 21.