LADBROKES WORLDWIDE BETTING v. SWEDEN
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In the Diseases of Fish Act 1937 (" the 1937 Act") section 1 (restriction on importation of live fish and eggs of fish) shall be amended as follows.
In subsection (1) (unlawful to import or bring into Great Britain any live fish of the salmon family) there shall be inserted at the beginning " Subject to subsection (6) of this section " .
At the end of the section there shall be inserted—
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Section 10(1) of the 1937 Act (interpretation) shall be amended as mentioned in subsections (2) to (4) below.
The following shall be inserted at the appropriate places— .
In the definition of " fish farm " the words " of the salmon family, live freshwater fish " shall be omitted and in the definition of " waters " the words " of the salmon family or live freshwater fish " shall be omitted.
In the definition of " land " for " water " there shall be substituted " inland waters " , and in the definition of " occupier " for "any waters" there shall be substituted " any inland waters " .
In section 10(2) of the 1937 Act (" occupier ") for " any waters " (in both places) there shall be substituted " any inland waters " .
For section 13 of the 1937 Act (power to extend Act by Order in Council to other diseases) there shall be substituted—
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In the Sea Fisheries (Shellfish) Act 1967 ("the 1967 Act ") in section 12 (power to prohibit deposit of shellfish) there shall be inserted after subsection (3)—
In subsection (4) of that section (deposit under licence) for " the prohibition " there shall be substituted " any prohibition " and after "deposited " there shall be inserted " or (as the case may be) taken " .
In section 14(3)(a) of the 1967 Act (power of entry) after " order " there shall be inserted " in pursuance of subsection (1) of that section " .
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If it appears to the Minister necessary to do so for the purpose of obtaining information with a view to preventing the spread of disease among fish, he may make an order under this section.
An order under this section may require any person who occupies an inland fish farm for the purposes of a business of fish farming carried on by him (whether or not for profit)— In this subsection " fish " does not include shellfish.
to register the business in a register kept for the purpose by the Minister,
to furnish in writing to the Minister such information as may be specified in the order in relation to the farm and to fish, eggs of fish and foodstuff for fish,
to compile such records as may be so specified in relation to the matters mentioned in paragraph (b) above, and
to retain for such period (not exceeding 3 years) as may be so specified any records compiled in accordance with paragraph (c) above.
An order under this section may require any person who owns or possesses any cage, pontoon or other structure which is anchored or moored in marine waters and is used by him for the purposes of a business of fish farming carried on by him (whether or not for profit)— In this subsection " fish " does not include shellfish.
to register the business in a register kept for the purpose by the Minister,
to furnish in writing to the Minister such information as may be specified in the order in relation to any such cage, pontoon or other structure and to fish, eggs of fish and foodstuff for fish,
to compile such records as may be so specified in relation to the matters mentioned in paragraph (b) above, and
to retain for such period (not exceeding 3 years) as may be so specified any records compiled in accordance with paragraph (c) above.
An order under this section may require any person who carries on a business of shellfish farming (whether or not for profit)—
to register the business in a register kept for the purpose by the Minister,
to furnish in writing to the Minister such information as may be specified in the order in relation to any activity carried on (whether in marine or inland waters or on land) for the purpose of cultivating or propagating shellfish in the course of the business, and in relation to shellfish deposited in or on or taken from such waters or land in the course of the business,
to compile such records as may be so specified in relation to the matters mentioned in paragraph (b) above, and
to retain for such period (not exceeding 3 years) as may be so specified any records compiled in accordance with paragraph (c) above.
An order under this section may require any person registering a business as mentioned in subsection (2)(a), (3)(a) or (4)(a) above to pay to the Minister in respect of each registration such fee (complying with subsection (6) below) as may be specified in the order.
The fee shall be such as the Minister may determine with the Treasury's approval but shall not exceed the cost to the Minister of effecting the registration.
Any person authorised by the Minister may, on producing on demand evidence of his authority, require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of an order under this section.
In this section—
" fish farming " means the keeping of live fish with a view to their sale or to their transfer to other waters ;
" inland fish farm " means any place where inland waters are used for the keeping of live fish with a view to their sale or to their transfer to other waters (whether inland or not);
" inland waters " means waters within Great Britain which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows ;
" marine waters " means waters (other than inland waters) within the seaward limits of the territorial sea adjacent to Great Britain;
" the Minister " means—
in relation to England, and any marine waters adjacent to England, the Minister of Agriculture, Fisheries and Food;
in relation to Wales, and any marine waters adjacent to Wales, the Secretary of State ;
in relation to Scotland (including the marine waters thereof), the Secretary of State ;
The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).
fails without reasonable excuse to comply with a requirement of an order under section 7 above (other than a requirement mentioned in subsection (5) of that section), or
in purported compliance with a requirement of an order under section 7 above knowingly furnishes any information or compiles a record which is false in a material particular, or
knowingly alters a record compiled in compliance with a requirement of an order under section 7 above so that the record becomes false in a material particular, or
fails without reasonable excuse to comply with a requirement imposed by virtue of section 7(7) above, or
intentionally obstructs a person in the exercise of his powers under section 7(7) above,
Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
For the purposes of and incidental to the jurisdiction of any magistrates' court or, in Scotland, of the sheriff, any offence under this section committed in, or in relation to anything in, the territorial sea adjacent to Great Britain shall be taken to have been committed in any place in which the offender may for the time being be found.
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Information (including information in records) obtained by any person in pursuance of section 7 above or an order under that section shall not be disclosed except—
with the written consent of the person by whom the information was provided, or
in the form of a summary of similar information obtained from a number of persons, where the summary is so framed as not to enable particulars relating to any one person or business to be ascertained from it, or
for the purpose of any criminal proceedings or for the purpose of a report of any such proceedings.
Any person who discloses any information in contravention of subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).
In this section " the Minister " has the same meaning as in section 7 above.
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the expenses of any Minister of the Crown incurred in consequence of this Act;
any increase attributable to this Act in the sums so payable under any other Act.
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This Act may be cited as the Diseases of Fish Act 1983.
This Act (except this section) shall come into force on such day as the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may by order made by statutory instrument appoint, and an order under this subsection may appoint different days for different provisions or different purposes.
An order under subsection (2) above may include such transitionals or savings as appear to that Minister and the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order, but nothing shall be so included if it would conflict with subsection (4) or (5) below.
The definitions of " infected " and " infected waters " contained in section 10(1) of the 1937 Act immediately before the coming into force of section 4(6) above shall continue to have effect on and after its coming into force (subject to any order made, after its coming into force, under section 13 of the 1937 Act).
The coming into force of sub-paragraph (2) of paragraph 6 of the Schedule to this Act shall not affect the punishment for an offence committed before its coming into force.
This Act does not extend to Northern Ireland.
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