UNITED KINGDOM STATUTORY INSTRUMENT
2018 No. 664
Animals, EnglandAnimal Health
The Animal Health (Miscellaneous Fees) (England) Regulations 2018
Made 24th May 2018
Laid before Parliament 1st June 2018
Coming into force 30th June 2018
The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973, and so far as relating to regulations 6, 7 and 8 in exercise of the powers conferred by section 10(1) and (3)(c) of the Animal Health and Welfare Act 1984and now vested in the Secretary of State.
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Citation, extent, application and commencementCitation, extent, application and commencement
1.—(1) These Regulations may be cited as the Animal Health (Miscellaneous Fees) (England) Regulations 2018.
(2) These Regulations extend to England and Wales, but apply in relation to England only.
(3) These Regulations come into force on 30th June 2018.
Interpretation
2. In these Regulations—
“the 1964 Regulations” means the Artificial Insemination of Pigs (England and Wales) Regulations 1964;
“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992;
“the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995;
“the 2007 Regulations” means the Bovine Semen (England) Regulations 2007;
“the 2011 Regulations” means the Trade in Animals and Related Products Regulations 2011;
“border inspection post” has the meaning given by regulation 11 of the 2011 Regulations;
“consignment” means a quantity of animals of the same species, covered by the same veterinary certificate or document;
“poultry health scheme” means the poultry health scheme established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/ECon animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggsand implemented by paragraph 4 of Schedule 2 to the 2011 Regulations;
“third country” means a country other than a member State;
“veterinary officer” means a veterinary surgeon employed as such by the Secretary of State;
“veterinary surgeon” means a person registered in the register of veterinary surgeons kept under the Veterinary Surgeons Act 1966.
Refund of fees
3. If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Secretary of State must refund to the applicant such proportion of any fee paid as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application.
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Salmonella national control programmes (zoonoses): feesSalmonella national control programmes (zoonoses): fees
4.—(1) Schedule 1 sets out the fees payable for activities conducted by the Secretary of State in relation to the control of Salmonella in accordance with the relevant National Control Programme established by or under Regulation (EC) No 2160/2003of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents; and accordingly—
(a)
(a) the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 in that Schedule are specified in the corresponding entries in column 2 of that table;
(b)
(b) the fees payable by the operator of a laboratory for the activities specified in column 1 of Table 2 in that Schedule are specified in the corresponding entries in column 2 of that table;
(c)
(c) the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 in that Schedule are specified in the corresponding entries in column 2 of that table.
(2) Words and expressions used in schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.
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Poultry health scheme: feesPoultry health scheme: fees
5. Schedule 2 sets out the fees payable for activities conducted by the Secretary of State in relation to the poultry health scheme; and accordingly—
(a) the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 in that Schedule are specified in the corresponding entries in column 2 of that table;
(b) the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 in that Schedule are specified in the corresponding entries in column 2 of that table.
Bovine semen: fees
6.—(1) Schedule 3 sets out the fees payable for activities conducted by the Secretary of State under the 2007 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 of that table.
(2) In regulation 41 of the 2007 Regulations, for “regulation 7(4) of the Animal Health (Miscellaneous Fees) Regulations 2013” substitute “regulation 6(1) of the Animal Health (Miscellaneous Fees) (England) Regulations 2018”.
(3) Words and expressions used in schedule 3 have the same meanings as they have in the 2007 Regulations.
Porcine semen: fees
7. Schedule 4 sets out the fees payable to the Secretary of State in connection with the issue of licences or approvals and tests and examinations carried out under the 1964 Regulations or the 1992 Regulations; and accordingly the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 of that table.
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Bovine embryo (collection, production and transfer): feesBovine embryo (collection, production and transfer): fees
8.—(1) Schedule 5 set out the fees payable to the Secretary of State for activities in relation to an application for an approval or in relation to a holder of an approval under the 1995 Regulations; and accordingly the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 of that table.
(2) Words and expressions used in schedule 5 have the same meanings as they have in the 1995 Regulations.
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Checking consignments of live animals from third countries at border inspection posts: feesChecking consignments of live animals from third countries at border inspection posts: fees
9. Schedule 6 sets out the fees payable where inspections and checks of import documentation are carried out at border inspection posts of consignments of live animals from a third country in accordance with regulation 15 of the 2011 Regulations; and accordingly—
(a) the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 in that Schedule are specified in the corresponding entries in column 2 of that table;
(b) the fees payable in respect of inspection undertaken during a period specified in column 1 of Table 2 in that Schedule are specified in the corresponding entry in column 2 of that table, and are payable in addition to any fees payable by virtue of paragraph (a);
(c) the fees payable in respect of an extra inspection and check of documentation due to non-compliance or additional control measures by a person specified in column 1 of Table 3 in that Schedule are specified in the corresponding entry in column 2 of that table, and are payable in addition to any fees payable by virtue of paragraph (a).
Revocation
10. The Animal Health (Miscellaneous Fees) Regulations 2013 are revoked with the exception of regulations 1, 4, and 7(1) to (3) and Schedule 1.
Gardiner of Kimble
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd May 2018
Andrew Stephenson
Rebecca Harris
Two of the Lords Commissioners of Her Majesty’s Treasury
24th May 2018
SCHEDULE 1
Regulation 4
Salmonella National Control Programmes (Zoonoses): Fees
Fees payable by the person in charge of chicken or turkey holding from which an official sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003
Column 1 |
Column 2 |
Activity |
Fee (£) |
Time spent in obtaining an official control sample for examination in a laboratory (in this table the “time fee”) (in addition to the fees specified below, unless otherwise specified in column 2) |
9 per quarter hour or part quarter hour spent |
Time spent by an animal health officer travelling to and from premises for the purpose of activities below |
14 per quarter hour or part quarter hour spent, up to a maximum of 84 |
Taking an official control sample from a chicken laying flock |
32 |
Taking an official control sample from a chicken or turkey breeding flock |
52 |
Taking an official control sample from a chicken broiler flock, or turkey fattening flock |
72 |
Examination of an official control sample in a laboratory |
14 per sample tested (time fee does not apply) |
Fees payable by the operator of a laboratory in relation to an approval under Article 12 of Regulation (EC) No 2160/2003
Column 1 |
Column 2 |
Activity |
Fee (£) |
Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval |
73 |
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved |
One test |
350 |
Two tests |
361 |
Three tests |
372 |
Four tests |
384 |
Conducting collaborative testing for Salmonella as required to obtain and maintain approval as a testing laboratory |
34 per test |
Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II to Regulation (EC) No. 2160/2003
Column 1 |
Column 2 |
Activity |
Fee (£) |
Conducting tests on seven dust and faecal samples taken from each flock |
99 |
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from... |
