Statutory Instrument 1992 No. 3301

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

---

© Crown Copyright 1992

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Shellfish and Specified Fish (Third Country Imports) Order 1992, ISBN 0110253450. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1992 No. 3301

ANIMALS

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

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 10(1) and (2) of the Animal Health Act 1981^[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement
    1.    This Order may be cited as the Shellfish and Specified Fish (Third Country Imports) Order 1992 and shall come into force on 1st January 1993.

Interpretation
    2.    In this Order—
"eggs" means fertilized ova, including eyed ova and any associated fluid, of fish, crustaceans or molluscs;
"fish" means any fish at any stage of development;
"gametes" means sperm or unfertilized ova and any associated fluid of fish, crustaceans or molluscs;
"Great Britain" includes the territorial waters of the United Kingdom adjacent to Great Britain;
"licence" means a licence issued under article 3(1) of this Order;
"specified fish" means live fish, eggs and gametes other than live fish of the salmon family and their eggs and live freshwater fish and their eggs;
"shellfish" means any crustacean or mollusc at any stage of development, their eggs and gametes;
"third country" means a country or territory other than another member State, the United Kingdom, the Isle of Man or any of the Channel Islands.

Prohibition on importing shellfish or specified fish into Great Britain from Third Countries
    3.—(1)  No person shall import into Great Britain from a third country any shellfish or specified fish except under the authority, and in accordance with the provisions, of a licence issued by the appropriate Minister.

    (2)  A licence may be either general or specific and may, in either case, be issued subject to such conditions as the appropriate Minister considers appropriate for the purpose of preventing the introduction or spreading of diseases of fish or shellfish into or within Great Britain.

    (3)  A general licence shall be issued by its publication in such manner and to such extent as appears to the appropriate Minister to be sufficient to bring it to the notice of those persons likely to be affected by it.

    (4)  The appropriate Minister may vary, revoke or suspend a licence—
 (a) in the case of a general licence by a notice published, so far as practicable, in the same manner and to the same extent as the licence; and
 (b) in the case of a specific licence by a notice served on the person to whom the licence was issued.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
21st December 1992.

(L.S.)
John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under-Secretary of State, Scottish Office

23rd December 1992

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

22nd December 1992

This Order prohibits the importation into Great Britain from third countries of—
(a) shellfish; or

(b) live fish other than freshwater fish and fish of the salmon family;

except in accordance with a licence (article 3).
Breach of the provisions of this Order constitutes an offence under section 73 of the Animal Health Act 1981 and is punishable in accordance with section 75 of that Act.

[1] 1981 c. 22; see section 86(1)(c) for a definition of "the Ministers"; section 10 is to be read with section 3 of the Animal Health and Welfare Act 1984 (c. 40); by virtue of section 10(4)(c). in section 10 and in Schedule 2, "animals" includes, inter alia , fish, crustaceans and molluscs. back