The Scrapie (Fees) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 456

European Communities

Animals

The Scrapie (Fees) Regulations (Northern Ireland) 2008

Made

19th November 2008

Coming into operation

1st January 2009

The Department of Agriculture and Rural Development—

(a) being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community in exercise of the powers conferred on it by the said section 2(2); and

(b) in exercise of the powers conferred on it by section 56(1), (2) and (5) of the Finance Act 1973(3); and

(c) with the consent of the Department of Finance and Personnel in respect of the powers conferred by that section 56,

makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Scrapie (Fees) Regulations (Northern Ireland) 2008 and shall come into operation on 1st January 2009.

Interpretation

2.—(1) In these regulations—

“the Community TSE Regulation” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(4);

“the Department” means the Department of Agriculture and Rural Development;

(2) Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Appointment of competent authority

3.  The Department is the competent authority for the purposes of the Community TSE Regulation.

Fees

4.—(1) Where the Department carries out an activity mentioned in column (2) of the Schedule for the purposes of ascertaining whether animals fulfil the requirements of Point 1(a)(ii) of Part I of Chapter A of Annex VIII to the Community TSE Regulation, there shall be payable to it the fee specified in column (3) opposite the activity.

(2) The fees referred to in paragraph (1) shall be payable by the person in charge of a holding who requests the Department to carry out the activity in question.

(3) The fee shall be payable to the Department at the time the request referred to in paragraph (2) is made.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 19th November 2008

John Speers

A senior officer of the Department of Agriculture and Rural Development

Sealed with the Official Seal of the Department of Finance and Personnel on 19th November 2008

Jack Layberry

A senior officer of the Department of Finance and Personnel

Regulation 4(1)

SCHEDULE PAYMENT TO THE DEPARTMENT

Item	Activity	Fee	Old Fee
(1)	(2)	(3)	(4)
1.	Initial flock inspection	£183.65	£92.50
2.	Subsequent annual inspection	£87.78	£33.89

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the Department to charge a fee to meet the costs incurred by it for activities required, as regards scrapie, under point 1(a)(ii) of Part I of Chapter A of Annex VIII to the Community TSE Regulation which specifies the conditions for intra-Community trade in live animals, semen and embryos.

The Regulations provide that the Department is the competent authority for the purposes of the Community TSE Regulation.

(1)

S.I. 2000/2812

(2)

1972 c 68

(3)

1973 c 51

(4)

O.J. No. L 147, 31.5.2001, p. 1, as last amended by Commission Regulation (EC) No. 727/2007 (O.J. No. L 165, 27.6.2007, p.8)

(5)

1954 c. 33 (N.I.)