The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013
| Year | 2013 |
2013 No. 151
AnimalsAnimal Health
The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013
Made 15th May 2013
Laid before the Scottish Parliament 17th May 2013
Coming into force 24th June 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721, section 56(1) and (2) of the Finance Act 19732, section 10(3)(c) of the Animal Health and Welfare Act 19843and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EC) No 2160/20034, Council Directive 2009/158/EC5and Commission Regulation (EU) Nos 200/20106, 517/20117and 200/20128to be construed as references to those instruments as amended from time to time.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 and extend to Scotland only.
(2) They come into force on 24th June 2013.
Interpretation
2. In these Regulations—
“Council Directive 2009/158/EC” means Council Directive 2009/158/ECon animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs, as amended from time to time;
“Regulation (EC) No 2160/2003” means Regulation (EC) No 2160/2003of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents, as amended from time to time;
“veterinary officer” means a veterinary surgeon employed as such by the Scottish Ministers or the Secretary of State; and
“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 19669.
Refund of fees
3. If any application for which a fee is payable under these Regulations is withdrawn before its determination, the Scottish Ministers may refund to the applicant such proportion of any fee paid in respect of that application as Ministers think fit, having regard to any reasonable costs incurred by them in connection with the application.
Salmonella: fees and amendments
4.—(1) This regulation and Schedule 1 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to the control of Salmonellain accordance with the relevant National Control Programme10established by or under Regulation (EC) No 2160/2003.
(2) In Schedule 1—
(a)
(a) the fees payable by the person in charge of a chicken or turkey holding for the activities specified in column 1 of Table 1 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 are specified in the corresponding entries in column 2 of that Table; and
(c)
(c) the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 are specified in the corresponding entries in column 2 of that Table.
(3) Words and expressions used in Schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.
5.—(1) The Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 200911is amended as follows.
(2) In article 2 (interpretation)—
(a)
(a) omit the definitions of “ Commission Regulation (EC) No. 1003/2005”, “ Commission Regulation (EC) No. 1168/2006” and “ Commission Regulation (EC) No. 646/2007”; and
(b)
(b) after the definition of “ Commission Regulation (EC) No. 1177/2006” insert—
““Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No. 2160/2003of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence ofSalmonella serotypes in adult breeding flocks of Gallus gallus, as amended from time to time;
“Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No. 2160/2003of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certainSalmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No. 2160/2003and Commission Regulation (EU) No. 200/2010, as amended from time to time;
“Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction ofSalmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No. 2160/2003of the European Parliament and of the Council, as amended from time to time;”.
(3) In articles 3(b) (competent authority), 8(1) (sampling) and 9(1) (submission of samples to an approved laboratory), for “ Commission Regulation (EC) No. 1003/2005” substitute “Commission Regulation (EU) No 200/2010”.
(4) In articles 3(c), 8(2) and 9(1), for “ Commission Regulation (EC) No. 1168/2006” substitute “Commission Regulation (EU) No 517/2011”.
(5) In articles 3(e), 8(3) and 9(1), for “ Commission Regulation (EC) No. 646/2007” substitute “Commission Regulation (EU) No 200/2012”.
(6) In article 12(2) (duties of the person in charge of a laboratory), for “paragraph 3 of the Annex to Regulation (EC) No. 646/2007” substitute “point 3 of the Annex to Commission Regulation (EU) No 200/2012”.
Poultry health scheme: fees
6.—(1) This regulation and Schedule 2 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to the poultry health scheme.
(2) In Schedule 2—
(a)
(a) the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 of that Table; and
(b)
(b) the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table.
(3) In this regulation and Schedule 2—
“poultry health scheme” means the scheme for—
(a) the approval of establishments and laboratories; and
(b) the annual inspection of approved establishments,
for the purposes of Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC12.
Bovine semen: fees
7.—(1) This regulation and Schedule 3 set out the fees payable to the Scottish Ministers on demand by applicants and operators for activities conducted by the Scottish Ministers under the 2007 Regulations.
(2) In Schedule 3, the fees payable by applicants and operators for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(3) In this regulation and Schedule 3, “the 2007 Regulations” means the Bovine Semen (Scotland) Regulations 200713.
(4) Words and expressions used in Schedule 3 have the same meanings as they have in the 2007 Regulations.
Porcine semen: fees
8.—(1) This regulation and Schedule 4 set out the fees payable to the Scottish Ministers on demand in connection with the issue of licences or approvals and tests or examinations carried out under—
(a)
(a) the 1964 Regulations; or
(b)
(b) the 1992 Regulations.
(2) The fees payable by the applicant or holder of the licence or approval for activities specified in column 1 of the Table in Schedule 4 are specified in the corresponding entries in column 2 of that Table.
(3) In Schedule 4, “artificial insemination centre” means premises—
(a)
(a) in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations; or
(b)
(b) which are approved under regulation 2(2) or (3) of the 1992 Regulations.
(4) In this regulation and Schedule 4—
“the 1964 Regulations” means the Artificial Insemination of Pigs (Scotland) Regulations 196414; and
“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 199215.
Bovine embryo (collection, production and transfer): fees
9.—(1) This regulation and Schedule 5 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to an application for an approval or a holder of an approval under the 1995 Regulations.
(2) In Schedule 5, the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(3) In this regulation and Schedule 5, “the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 199516.
(4) Words and expressions used in Schedule 5 have the same meanings as they have in the 1995 Regulations.
Checking consignments of live animals from third countries at border inspection posts: fees
10.—(1) The fees specified in this regulation and Schedule 6 are payable to the Scottish Ministers on demand where an inspection of a consignment of live animals from a third country is carried out at a border inspection post in accordance with regulation 13 (procedure on...
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