The Aquatic Animal Health (England and Wales) Regulations 2009
UK Statutory Instrument 2009 No. 463 — creates 27 criminal offences.
- Made
- 3 March 2009
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Dogs, animals, hunting and wildlife
- Made under
- 2004/453/EC, 2006/88/EC, 91/67/EEC, European Communities Act 1972, Schedule 2 to, the European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations implement Council Directive 2006/88/EC (OJ No L 238, 24.11.2006, p14) on animal health requirements for aquaculture animals and products thereof and on the prevention and control of certain diseases in aquatic animals. Part 2 of these Regulations requires aquaculture production businesses and certain processing establishments to be authorised by the competent authority (regulation 5). Some undertakings, including put and take fisheries and specialist transport businesses, are required to be registered (regulation 12). Although these Regulations generally come into force on 27th March 2009, regulation 5(1) comes into force on 1st May 2009 and regulation 12(1) comes into force on 1st August 2009. Part 3 imposes health requirements in relation to the placing on the market of aquaculture and other aquatic animals. It also introduces disease prevention requirements in respect of the transport of such animals (regulations 19 to 21). Part 4 establishes a system for the notification and control of disease outbreaks in aquatic animals. The competent authority is required to designate an area where a listed disease or an emerging disease is suspected (regulation 24) and to make a confirmed designation (regulation 28) where such a disease is confirmed. Inspectors are given powers to require others to take steps necessary to eradicate or prevent the spread of disease to other aquatic animals (regulations 26 and 30). Part 5 gives enforcement powers to inspectors, and allows the service of an enforcement notice (regulation 36). Appeals may be made against such a notice or in relation to an authorisation under Part 2. A person found guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to an unlimited fine (regulation 40). A full impact assessment has been prepared and placed in the libraries of both Houses of Parliament. A copy can be obtained, together with a transposition note, from Defra, Nobel House, 17 Smith Square, London SW1P 3JR or the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.
Offences created by this instrument
- Registration regulation 12(1) · Status not determined · Strict liability
- Registration regulation 12(5) · Status not determined · Strict liability
- Registration regulation 12(6) · Status not determined · Strict liability
- General health requirements regulation 16(1) · Status not determined · Strict liability
- General health requirements regulation 16(3) · Status not determined · Strict liability
- General health requirements regulation 16(4) · Status not determined · Strict liability
- Certification requirements regulation 17(1) · Status not determined · Strict liability
- Certification requirements regulation 17(2) · Status not determined · Requires proof of a state of mind
- Disease prevention requirements in respect of transport regulation 19(1) · Status not determined · Strict liability
- Disease prevention requirements in respect of transport regulation 19(5) · Status not determined · Strict liability
- Recording of information in respect of transport regulation 20(1) · Status not determined · Strict liability
- Obligation to notify in case of suspicion of a listed disease or increased mortality regulation 23(1) · Status not determined · Requires proof of a state of mind
- Obligation to notify in case of suspicion of a listed disease or increased mortality regulation 23(2) · Status not determined · Requires proof of a state of mind
- Initial designation regulation 24(3) · Status not determined · Strict liability
- Contents and publication of an initial designation regulation 25(1) · Status not determined · Strict liability
- Contents and publication of an initial designation regulation 25(1)(c) · Status not determined · Strict liability
- Contents and publication of an initial designation regulation 25(4) · Status not determined · Strict liability
- Actions by an inspector in respect of an initial designation regulation 26(6) · Status not determined · Strict liability
- Confirmed designation regulation 28(2) · Status not determined · Strict liability
- Contents and publication of a confirmed designation regulation 29(1) · Status not determined · Strict liability
- Contents and publication of a confirmed designation regulation 29(1)(c) · Status not determined · Strict liability
- Seizure of items regulation 35(8) · Status not determined · Strict liability
- Enforcement notices regulation 36(4) · Status not determined · Strict liability
- Obstruction regulation 38 · Status not determined · Requires proof of a state of mind
- Vaccination regulation 41 · Status not determined · Strict liability
- Authorisation regulation 5(1) · Status not determined · Strict liability
- Application for an authorisation regulation 8(5) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Crown Estate Bill [HL]
Lords · Lords Chamber · 22 October 2024 · Lord Livermore (Lab)
My Lords, I am very grateful to all noble Lords for the points raised during this debate and for powerfully highlighting such important issues. I will respond to the amendments tabled by the noble Lords, Lord Forsyth and Lord Douglas-Miller—who was the Minister for Animal Health and Welfare in the previous Government—and the noble Earl, Lord Leicester, which all touch on environmental and animal welfare protections. These amendments would require the Crown commissioners to assess, on an ongoing basis, the environmental impact and animal welfare standards of, respectively, salmon farms,…
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2009