
1 

(1) These Regulations may be cited as the Diseases of Fish (Control) Amendment (Scotland) Regulations 2000 and come into force on 1st November 2000.
(2) These Regulations extend to Scotland only.
2 
In these Regulations “the principal Regulations” means the Diseases of Fish (Control) Regulations 1994.
3 
In the principal Regulations for “the Fish Health Regulations 1992”, in each place where it appears, there is substituted “the Fish Health Regulations 1997”.
4 
In regulation 2 (interpretation) of the principal Regulations–
(a) in paragraph (1)–
(i) there is inserted after the definition of “Directive 91/67/EEC”–“
 “Directive 93/53/EC” means Council Directive of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases which has been amended by the Act of Accession of Austria, Finland and Sweden and by Council Directive 2000/27/EC of 2 May 2000 amending Directive 93/53/EC introducing minimum Community measures for the control of certain fish diseases;”;
(ii) for the definition of “Minister” there is substituted–“
 “Minister” means the Scottish Ministers.”; and
(b) in paragraph (5) after “notices” there is inserted “or directions”.
5 
Regulation 5 (control measures if presence of a disease in Part 1 of Schedule 3 is confirmed on a farm) of the principal Regulations is re-numbered regulation 5(1) and–
(a) for paragraph (1)(a) of that regulation so re-numbered there is substituted–“
(a) the withdrawal of all fish from the waters of the farm in accordance with the scheme established by the Minister pursuant to Article 6 of Directive 93/53/EC;
(aa) the keeping of a record of the daily mortality rate of the fish in each cage, tank or pond on the farm as a percentage of the fish in that cage, tank or, as the case may be, pond;”; and
(b) at the end of that regulation so re-numbered there is added–“
(2) A notice served on the occupier in accordance with this regulation shall be accompanied by a copy of the scheme referred to in paragraph (1)(a) and such directions as to the process of withdrawal and the submission of records as the Minister may consider appropriate having regard to the terms of that scheme.
(3) Following service of a notice in accordance with this regulation the Minister may issue such directions or , as the case may be, further directions as to the process of withdrawal and the submission of records as the Minister may consider appropriate having regard to the terms of the scheme referred to in paragraph 1 (a).”.
6 
In regulation 10(1) (prohibition on vaccination against disease) of the principal Regulations, after “Schedule 3” there is inserted “without the prior written authorisation of the Minister”.
7 
In regulation 12 (failure to comply with a notice) of the principal Regulations after “notice” in each place where it occurs there is inserted “or directions”.
8 
In regulation 15 (offences and penalties) of the principal Regulations after “any notice” there is inserted “or directions”.
9 

(1) The amendments made by these Regulations to regulation 5 of the principal Regulations apply only to a notice served under that regulation on or after the date on which the scheme established by the Minister pursuant to Article 6 of the Directive 93/53/EC is approved by the Commission in accordance with the procedure laid down in Article 19(2) of that Directive and until that date that regulation shall continue to have effect as if those amendments had not been made.
(2) Where in respect of a notice served under regulation 5 of the principal Regulations prior to the date mentioned in paragraph (1) any fish have for any reason still to be withdrawn from the waters of the farm on that date–
(a) the amendments made by these Regulations to the principal Regulations shall apply in respect of that notice, in so far as it relates to any such fish, as if it was a notice served on or after that date in accordance with regulation 5 of the principal Regulations as amended by these Regulations; and
(b) the Minister shall immediately serve an amended notice accompanied by a copy of the scheme and such directions as to the process of withdrawal and the submission of records as the Minister may consider appropriate.
JOHN HOME ROBERTSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st September 2000