The Bovine Semen (Scotland) Regulations 2007

PART 1 General Provisions

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Bovine Semen (Scotland) Regulations 2007 and shall come into force on 13th July 2007.

(2) These Regulations extend to Scotland only.

Interpretation

2.—(1) In these Regulations–

“bovine” includes the species Bubalus bubalis and Bison bison;

“bovine semen centre” means any premises licensed under regulation 4;

“cattle identification regulations” means–

(a)

the Cattle Identification (Scotland) Regulations 2007(1) (in the case of bovine animals born in Scotland); and

(b)

Council Regulation 1760/2000 (in the case of bovine animals born outside Scotland);

“centre veterinarian” has the meaning given in regulation 5(b);

“Council Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(2) and repealing Council Regulation (EC) No. 820/97(3), as amended from time to time;

“dam”, in the case of bovine animals derived from embryo transfer, means the recipient of the embryo;

“the Directive” means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra Community trade in and imports of semen of domestic animals of the bovine species(4), as amended from time to time;

“Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra Community trade in bovine animals and swine(5), as amended from time to time;

“domestic collection centre” has the meaning given in regulation 4(b)(ii);

“domestic storage centre” has the meaning given in regulation 4(c)(ii);

“EC collection centre” has the meaning given in regulation 4(b)(i);

“EC quarantine centre” has the meaning given in regulation 4(a);

“EC storage centre” has the meaning given in regulation 4(c)(i);

“fresh semen” means semen which has not been frozen;

“inspector” means a person authorised in writing by the Scottish Ministers in accordance with section 10(4) of the Animal Health and Welfare Act 1984;

“processing” means one or more of–

(a)

diluting (except in the course of or immediately after semen collection);

(b)

adding any substance with the intention of prolonging the natural life of the semen (except in the course of or immediately after semen collection);

(c)

adding any antibiotic;

(d)

packing into straws or other appropriate receptacles; and

(e)

freezing;

“straw” means a receptacle used to contain a single dose of semen;

“teaser animal” means a bovine animal which is used as an aid in the collection of semen;

“unlicensed premises” are premises that do not have a licence under regulation 4; and

“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966(6).

(2) Unless the context otherwise requires, any expressions used in these Regulations have the same meaning as in the Directive.

(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(7), which has been recorded and is consequently capable of being reproduced.

Exceptions

3.—(1) These Regulations do not apply where–

(a) semen is collected for the purpose of the artificial insemination of a bovine animal with fresh semen;

(b) the bovine animal from which the semen is collected–

(i) is not, at the time of collection, affected by an order made under sections 6(c), 8, 17, 23, 25, 26 or 29 of the Animal Health Act 1981(8); or

(ii) is so affected, but the use of its semen is authorised by the Scottish Ministers; and

(c) the bovine animal that is inseminated–

(i) is in the same ownership and the same herd as the bovine animal from which the semen was collected; and

(ii) is kept on the same premises as that bovine animal.

(2) These Regulations do not apply where semen is collected for the purpose of–

(a) assessing the suitability of a bovine animal for use in breeding;

(b) diagnosing infection or disease in a bovine animal; or

(c) education or research,

provided the semen collected is not used for artificial insemination and is not the subject of intra Community trade.

(3) These Regulations do not apply to research authorised under the Animals (Scientific Procedures) Act 1986(9).

(4) These Regulations, in so far as they apply to semen intended for intra Community trade, do not apply to semen collected on or before 31st December 1989.

PART 2 Licensing of bovine semen centres and approval of bovine animals

Licensing of bovine semen centres

4.  The Scottish Ministers may grant a licence for the following premises–

(a) if they comply with Part 1 of Schedule 1, as premises for the quarantine of bovine animals (an “EC quarantine centre”);

(b) if they comply with Part 2 of Schedule 1, either as–

(i) premises for the collection, processing and quarantine of semen intended for intra Community trade (an “EC collection centre”); or

(ii) premises for the collection, processing and quarantine of semen not intended for intra Community trade (a “domestic collection centre”); or

(c) if they comply with Part 3 of Schedule 1, either as–

(i) premises for the storage of semen intended for intra Community trade (an “EC storage centre”); or

(ii) premises for the storage of semen not intended for intra Community trade (a “domestic storage centre”).

Application for a licence to operate a bovine semen centre

5.  An application for a licence to operate a bovine semen centre must–

(a) be made in writing to the Scottish Ministers;

(b) be signed by the applicant for the licence and by the veterinary surgeon who will have responsibility for veterinary supervision of the centre (“the centre veterinarian”);

(c) specify the premises for which an application is made; and

(d) specify the licence applied for.

Bovine semen centre licence

6.—(1) A bovine semen centre licence granted under regulation 4 must specify–

(a) the address of the centre;

(b) the licence number of the centre;

(c) the licence holder;

(d) the centre veterinarian;

(e) the type of licence granted; and

(f) any conditions to which the licence is subject.

(2) A licence must be in writing and may be made subject to such conditions as are necessary to–

(a) ensure that the provisions of these Regulations are complied with;

(b) protect public or animal health.

Approval of a bovine animal

7.—(1) The Scottish Ministers may approve a bovine animal for use in an EC collection centre, a domestic collection centre, or at unlicensed premises if it has tested negative for–

(a) the tests set out in Schedule 2, paragraph 2(1)(a) to (e), prior to its entry to an EC quarantine centre; and

(b) the tests set out in Schedule 2, paragraph 3(1)(a) to (d) and paragraph 4(1)(a), after its entry to an EC quarantine centre.

(2) The Scottish Ministers may approve a bovine animal despite a positive result to a serological test set out in Schedule 2, paragraph 2(1)(e)(ii) or paragraph 4(1)(b).

(3) The Scottish Ministers may also approve a bovine animal for use in a domestic collection centre or at unlicensed premises, if it has tested negative to the tests set out in Part 2 of Schedule 8, paragraphs 2(a) to (c).

Application for approval of a bovine animal

8.  Any application for approval of a bovine animal for the purpose of collecting its semen, or for use as a teaser animal, must be made to the Scottish Ministers by or on behalf of its owner and must–

(a) specify the name and breed of the bovine animal;

(b) specify the number by which it is identifiable in accordance with the cattle identification regulations; and

(c) be made in writing and signed by or on behalf of the owner of the animal.

Form of approval for a bovine animal

9.—(1) An approval for a bovine animal must specify–

(a) the name and breed of the bovine animal;

(b) the number by which it is identifiable in accordance with the cattle identification regulations; and

(c) any conditions to which the approval is subject.

(2) An approval must be in writing and may be made subject to such conditions as are necessary to–

(a) ensure that the provisions of these Regulations are complied with; and

(b) protect public or animal health.

Approval of bovine animals for use at unlicensed premises

10.—(1) The Scottish Ministers may approve the use of a bovine animal for the collection of its semen or for use as a teaser animal at unlicensed premises for a maximum period of 3 months.

(2) The Scottish Ministers may renew an approval under paragraph (1) for subsequent periods of up to 3 months if–

(a) they receive the application for renewal of the approval in writing and signed by or on behalf the owner, at least 28 days before the date on which it is due to expire; and

(b) the tests referred to in Part 2 of Schedule 8, paragraph 2(a) to (c) have been conducted again, with negative results, on the bovine animal to which the approval relates, no more than 28 days before the date the approval is due to expire.

(3) If the results of any of the tests carried out on a bovine animal under paragraph 2(b) will not be available until after its approval is due to expire, the Scottish Ministers may grant a temporary approval.

(4) Where the Scottish Ministers grant a temporary approval under paragraph (3), no person may trade any semen which has been–

(a) collected from a bovine animal; or

(b) processed following such collection,

until negative results to the tests on the bovine animal or teaser animal used to collect such semen are confirmed.

PART 3 The operation of a bovine semen centre and collection at unlicensed premises

Entry of persons to bovine semen centres

11.—(1) No person may enter, without lawful authority or reasonable excuse, a bovine semen centre without the authority of the centre veterinarian.

(2) A person authorised by the centre veterinarian to enter a bovine semen centre must comply with any requirements laid down by the centre veterinarian to ensure compliance with these Regulations.

(3) The centre veterinarian must ensure that unauthorised persons do not enter the bovine semen centre.

Entry of non-bovine animals to bovine semen centres

12.—(1) No person may introduce a non bovine animal into a bovine semen centre without the written authorisation of the centre veterinarian.

(2) The centre veterinarian may authorise the admission of domestic animals of non bovine species into a bovine semen centre provided–

(a) they are necessary for the operation of the centre;

(b) they present no risk of infection to those bovine animals whose semen is to be collected; and

(c) they fulfil the conditions laid down by the centre veterinarian.

Requirement to keep records of bovine animals

13.—(1) This regulation does not apply to an EC storage centre or domestic storage centre.

(2) The centre veterinarian or operator of unlicensed premises must make a record for each bovine animal moved into or out of the centre or premises of–

(a) its breed;

(b) its date of birth;

(c) the number by which it is identifiable in accordance with the cattle identification regulations;

(d) all vaccinations administered to it;

(e) the tests it has undergone for diseases and their results; and

(f) any indication of disease it may have.

(3) The centre veterinarian or operator of unlicensed premises must ensure that these records are kept for at least two years from the date on which the bovine animal leaves the centre or premises or dies at the centre or premises.

Requirement to keep records of semen

14.—(1) This regulation does not apply to EC quarantine centres.

(2) Whenever semen is moved from or to a bovine semen centre or is destroyed, the centre veterinarian must record–

(a) the number by which the donor bovine animal is identifiable in accordance with the cattle identification regulations;

(b) its health status;

(c) the number of doses of semen;

(d) the numbers on the receptacles in which the semen is or was contained (as applicable);

(e) the date the semen was received, dispatched or destroyed (as applicable);

(f) the premises, or bovine semen centre, of dispatch (if applicable); and

(g) the destination (if applicable).

(3) The operator of unlicensed premises must record the information in paragraphs 2(a) to (g) for semen sent to an EC collection centre or domestic collection centre for processing.

(4) The operator of unlicensed premises or the centre veterinarian must ensure that each consignment of semen is accompanied by documents containing the information in paragraphs 2(a) to (g).

(5) The operator of unlicensed premises or the centre veterinarian must ensure that these records are retained for at least two years after the dispatch, receipt, or destruction of the semen.

General duties of centre veterinarians

15.—(1) The centre veterinarian must ensure that–

(a) the centre is operated in accordance with these Regulations;

(b) the conditions of the licence under which the centre operates are observed;

(c) appropriate standards of hygiene are maintained at the centre to prevent the incursion of disease transmissible by semen; and

(d) the biosecurity of the centre is maintained to prevent the incursion of disease transmissible by semen.

(2) The centre veterinarian must ensure that staff at the centre are technically competent and have received appropriate training in disinfection procedures and hygiene techniques.

(3) The centre veterinarian must ensure that the Scottish Ministers are notified immediately if the result of any test carried out on a bovine animal at the centre for any disease that must be tested for under these Regulations indicates a change in the health status of the bovine animal.

Specific duties of centre veterinarians and operators of unlicensed premises

16.—(1) The duties of the centre veterinarian–

(a) of an EC quarantine centre are set out in Schedule 2;

(b) of an EC collection centre are set out in Schedule 3;

(c) of an EC storage centre are set out in Schedule 4;

(d) of a domestic collection centre are set out in Schedule 5; and

(e) of a domestic storage centre are set out in Schedule 6.

(2) The duties of the operator of unlicensed premises are set out in Schedule 7.

Taking blood samples and testing for bovine tuberculosis

17.—(1) Taking blood samples for laboratory analysis may only be undertaken by–

(a) a centre veterinarian;

(b) an inspector who is qualified as a veterinary surgeon; or

(c) a person who fulfils the conditions set out in articles 3(2)(a) or 3(2)(b) of the Veterinary Surgery (Blood Sampling) Order 1983(10) and for whom the relevant qualified person described in those articles is a centre veterinarian or an inspector who is qualified as a veterinary surgeon.

(2) Only a veterinary surgeon approved by the Scottish Ministers for that purpose may test for bovine tuberculosis.

Laboratory tests

18.  The operator of unlicensed premises or the centre veterinarian must ensure that laboratory tests required under these Regulations are carried out by a laboratory approved by the Scottish Ministers.

PART 4 The collection, processing and storage of semen

Bovine animals from which semen may be collected

19.  No person may collect semen from a bovine animal for use in artificial insemination unless the bovine animal–

(a) is approved for that purpose by the Scottish Ministers;

(b) is identified in accordance with the cattle identification regulations;

(c) shows no clinical signs of disease on the day the semen is to be collected;

(d) has not been vaccinated against foot and mouth disease within the 30 days preceding the date of collection;

(e) has not been allowed to serve naturally since the date of the application for its approval for semen collection; and

(f) has, where its semen is to be supplied as fresh semen, been kept at an EC collection centre or a domestic collection centre for a continuous period of at least 30 days preceding the date the semen is collected.

Places where semen may be collected

20.—(1) No person may collect semen from a bovine animal except at–

(a) an EC collection centre;

(b) a domestic collection centre; or

(c) unlicensed premises,

in accordance with these Regulations.

(2) Such centres or unlicensed premises must–

(a) have been free from foot and mouth disease for at least three months prior to collection of the semen;

(b) be situated in the centre of an area of 10 kilometres radius in which there has been no case of foot and mouth disease for at least the preceding 30 days; and

(c) have been, for 30 days prior to collection of the semen, free from the bovine diseases listed in Annex E(I) to Directive 64/432/EEC.

Use of teaser animals

21.  No person may use a teaser animal to assist in the collection of semen unless it is approved for that purpose by the Scottish Ministers.

Entry of bovine animals to EC quarantine centres, EC collection centres, domestic collection centres or to unlicensed premises

22.—(1) No person may introduce a bovine animal into–

(a) an EC quarantine centre;

(b) an EC collection centre; or

(c) a domestic collection centre,

without the authorisation of the centre veterinarian.

(2) The centre veterinarian may not authorise a bovine animal to enter an EC quarantine centre unless, prior to its entry to the centre, it always belonged to a herd–

(a) officially tuberculosis free; and

(b) officially brucellosis free,

in accordance with Directive 64/432/EEC.

(3) The centre veterinarian may not authorise a bovine animal to enter an EC collection centre unless the requirements of Part 1 of Schedule 8 are met.

(4) The centre veterinarian may not authorise a bovine animal to enter a domestic collection centre unless the requirements of Part 1 or 2 of Schedule 8 are met.

(5) The operator of unlicensed premises may not collect semen from a bovine animal on unlicensed premises unless the requirements of Part 1 or 2 of Schedule 8 are met.

(6) The centre veterinarian of an EC collection centre or domestic collection centre, or the operator of unlicensed premises, may not admit bovine animals unless on the day of movement the premises of origin–

(a) are situated in the centre of an area of 10 kilometres radius in which there has been no case of foot and mouth disease for at least the preceding 30 days;

(b) have, for at least the preceding 3 months, been free from foot and mouth disease and brucellosis; and

(c) have, for at least the preceding 30 days, been free from those bovine diseases listed in Annex E(I) to Directive 64/432/EEC.

(7) The centre veterinarian or the operator of unlicensed premises may not authorise the admission of any bovine animal which shows any clinical sign of disease on the day of the proposed admission.

Movement of bovine animals

23.—(1) No person may move a bovine animal to an EC collection centre, a domestic collection centre or to unlicensed premises except–

(a) in means of transport that have been cleansed and disinfected before use in accordance with the Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005(11); and

(b) under conditions that ensure that the bovine animal does not come into contact with cloven hoofed animals that are not authorised to enter the centre or premises of destination.

(2) No person may move a bovine animal from one collection centre to one in another member State except in accordance with Directive 64/432/EEC.

Processing of semen

24.  No person may process semen except at–

(a) an EC collection centre; or

(b) a domestic collection centre.

Instruments for collecting and processing semen

25.  No person may–

(a) use any instrument (other than a single use instrument) which comes into contact with semen or with the donor animal during collection or processing unless such instrument has been disinfected or sterilised prior to use; or

(b) re use a single use instrument.

Containers for storing or moving semen

26.  No person may store or move semen except in a container used exclusively for that purpose that–

(a) has been disinfected or sterilised prior to use; or

(b) is a single use container that has not been used before.

Storing and moving semen

27.  No person storing or moving semen may allow it to come into contact with material of animal origin (including other germplasm) of a lower health status.

Supply of frozen semen

28.—(1) This regulation does not apply to the steps necessary to move semen to an EC storage centre or a domestic storage centre.

(2) No person may supply frozen semen or use it in artificial insemination unless it has been stored–

(a) at an EC storage centre;

(b) at a domestic storage centre; or

(c) in another part of the United Kingdom on premises approved by the competent authority for the storage of bovine semen.

Power of Scottish Ministers to grant exemptions

29.  No person may supply or use semen for artificial insemination if that person knows or suspects that it has not been collected, processed or stored–

(a) in accordance with these Regulations;

(b) lawfully in another part of the United Kingdom; or

(c) in the case of semen originating in another member State or in a third country, in accordance with the Directive,

unless the supply or use is authorised by the Scottish Ministers.

Intra-Community trade in semen

30.—(1) No person may supply semen for intra Community trade unless–

(a) it was–

(i) collected, processed and quarantined at an EC collection centre; and

(ii) stored at an EC storage centre; or

(b) in the case of semen supplied from another member State or imported from a third country in accordance with the Directive, it has been stored at an EC storage centre.

(2) Any person who supplies semen for intra Community trade must ensure that it is accompanied by the animal health certificate referred to in Articles 3(d) and 6(1) of the Directive.

Duties to keep records of the supply of semen

31.—(1) This regulation does not apply to the operators of unlicensed premises or to centre veterinarians who are subject to regulation 14.

(2) Any person who supplies semen must keep a record of the information specified in Schedule 9, paragraph 1.

(3) Any person who receives semen must keep a record of the information specified in Schedule 9, paragraph 2.

(4) Any person who uses semen for artificial insemination must keep a record of the information specified in Schedule 9, paragraph 3, in relation to each straw or other receptacle used.

(5) Any person who destroys semen must keep a record of the information specified in Schedule 9, paragraph 4, in relation to each straw or other receptacle destroyed.

(6) Any person who is required by this regulation to keep records must ensure that the records are made contemporaneously with the supply, receipt, use or destruction.

(7) Such records may be in written or electronic form and must be kept for at least two years after the supply, receipt, use, or destruction of the semen, as appropriate.

PART 5 Administration and enforcement

Refusal of an approval or licence

32.  If the Scottish Ministers refuse to grant an approval or licence, or grant an approval or licence subject to conditions, they must–

(a) give their reasons in writing; and

(b) explain the right of the applicant to request a review of the decision to refuse to grant an approval or licence, or grant an approval or licence subject to conditions under regulation 36.

Provision of information to the Scottish Ministers

33.—(1) The Scottish Ministers may require an applicant for approval of a bovine animal, the holder of such an approval or the owner of a bovine animal to provide such information and to permit the bovine animal to be subjected to such tests and examinations as the Scottish Ministers consider necessary to enable them to decide whether the approval should be granted, suspended, amended or revoked.

(2) The previous owner of an approved bovine animal must notify the Scottish Ministers of the name and address of the new owner within 21 days of transferring ownership to the new owner.

(3) The owner of an approved bovine animal must, within 21 days of its death, notify the Scottish Ministers of the death, the circumstances in which the death occurred and the results of any post mortem examination.

(4) The Scottish Ministers may require an applicant for a bovine semen centre licence, or the holder of such a licence, to provide such information and to permit such tests and examinations as the Scottish Ministers consider necessary to enable them to decide whether the licence should be granted or maintained.

Suspension and amendment

34.—(1) The Scottish Ministers may suspend or amend an approval or licence granted under these Regulations in whole or in part if–

(a) any of the conditions under which it was granted are not fulfilled; or

(b) they are satisfied that the provisions of these Regulations are not being complied with.

(2) A suspension or amendment–

(a) may have immediate effect if the Scottish Ministers consider it necessary for the protection of public or animal health; and

(b) otherwise may not have effect for at least 21 days.

(3) Notification of the suspension or amendment must–

(a) be in writing;

(b) state what it applies to;

(c) state when it comes into effect;

(d) give reasons; and

(e) explain the right of the person who has been notified to request a review of the decision to suspend or amend an approval or licence under regulation 36.

(4) If the suspension or amendment does not have immediate effect or a request for a review is made under regulation 36, it must not have effect until the final determination by the Scottish Ministers of the review unless they consider that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.

Revocation of an approval or licence

35.—(1) The Scottish Ministers may revoke an approval or licence granted under these Regulations in whole or in part if–

(a) they have notified their decision to suspend the approval or licence and the period for review under regulation 36 has expired;

(b) they have upheld their decision to suspend following an review under regulation 36;

(c) they have previously suspended the approval or licence and there is further non compliance with these Regulations; or

(d) they are satisfied that the occupier no longer uses the premises for the purpose for which a licence was granted.

(2) Notification of a revocation must–

(a) be in writing;

(b) state what it applies to;

(c) state when it comes into effect;

(d) give reasons; and

(e) in the case of a revocation under paragraph (1)(c) or (1)(d), explain the right of the person who has been notified to request a review of the decision to revoke an approval or licence under regulation 36.

(3) If a person does request a review under regulation 36, the revocation remains in force pending the outcome of the review.

Review

36.—(1) A person may apply in writing to the Scottish Ministers for a review of any decision of the Scottish Ministers concerning–

(a) the grant, refusal, suspension, amendment or revocation of an approval or licence under these Regulations; or

(b) the conditions to which an approval or licence is subject,

within 21 days of notification of the decision to that person.

(2) On an application under paragraph (1) the Scottish Ministers shall appoint such person as they think fit to consider the decision and make such recommendation (if any) as that person considers appropriate.

(3) The appointed person may include a member of the staff of the Scottish Administration.

(4) The applicant and the Scottish Ministers may make written submissions to the appointed person concerning the decision of the Scottish Ministers.

(5) The appointed person must report in writing to the Scottish Ministers.

(6) The Scottish Ministers must give to the applicant written notification of their determination of the application for review, and the reasons for it.

Notice prohibiting the use of semen

37.—(1) If an inspector thinks it necessary for the prevention of the spread of disease, the inspector may serve a notice on the owner of a bovine animal or on anyone the inspector believes to be the owner of the bovine animal or in possession of semen from that bovine animal.

(2) A notice served under paragraph (1) must–

(a) prohibit the use or trade of semen collected from the bovine animal;

(b) require the destruction of such semen; and

(c) require the identification of any other person who may be in possession of the bovine animal or its semen.

(3) If a notice served under this regulation is not complied with, an inspector may enter any premises on which the inspector knows or suspects semen, which is the subject of the notice, is kept and may seize the semen and arrange for the requirements of the notice to be met.

Notice concerning illegal consignments

38.—(1) If an inspector knows or suspects that semen has been imported from another member State in contravention of the Directive, the inspector may serve a notice in accordance with paragraph (2) on the person appearing to the inspector to be in charge of the semen.

(2) The notice may require that person to–

(a) keep semen at such place as the notice may specify;

(b) destroy semen in accordance with the requirements of the notice; or

(c) take such other action as the inspector may specify.

(3) If a notice served under this regulation is not complied with, an inspector may enter any premises on which the inspector knows or suspects semen which is the subject of the notice to be kept and may seize the semen and arrange for the requirements of the notice to be met.

Provision of false information

39.  No person shall provide any information or make any statement for the purpose of obtaining an approval or licence under these Regulations which that person knows to be false or misleading.

Examination of bovine semen centres

40.  The Scottish Ministers must examine all bovine semen centres at least twice a year.

Payment of fees

41.—(1) A fee is payable to the Scottish Ministers, on invoice, for–

(a) an application for an approval of a bovine animal under regulations 7 or 10;

(b) an application for a bovine semen centre licence under regulation 4;

(c) testing of a bovine animal under Part 2 of Schedule 3 and Part 2 of Schedule 5; and

(d) examination of a bovine semen centre under regulation 40.

(2) The fee payable under paragraph (1) is the sum of–

(a) the travel costs of the veterinary officer and any necessary assistant in relation to the relevant application, test or examination;

(b) the costs of officials considering the relevant application, test or examination; and

(c) the costs of laboratory tests on bovine animals.

(3) The Scottish Ministers shall publish the current fees payable under paragraph (1) on the website of the Scottish Executive(12).

Refund of fees

42.  If an application under these Regulations is withdrawn before its determination, the Scottish Ministers may refund to the applicant all or part of any fee paid under regulation 41 in respect of that application as the Scottish Ministers think fit, having regard to any costs reasonably incurred by them in connection with the application.

Transitional provisions

43.  Licences and approvals granted under the provisions of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985(13) listed in the first column of Schedule 10 shall continue to have effect as if they were approvals or licences granted under these Regulations in accordance with the corresponding provisions of these Regulations listed in the second column of that Schedule, provided that, in the case of premises, the premises comply with, and are operated in accordance with, the provisions of these Regulations.

Amendment of the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987

44.  In the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987(14)–

(a) in regulation 2(1) omit the definition of “the principal cattle Regulations”;

(b) in regulation 3(1)–

(i) for the words “Subject to paragraph (1A) below, there” substitute “There”; and

(ii) omit the words “the principal cattle Regulations and”;

(c) omit regulation 3(1)(a);

(d) omit regulation 3(1A);

(e) in regulation 4, omit the words “the principal cattle Regulations or”; and

(f) omit Schedule 1.

Revocations

45.—(1) The Regulations in Part 1 of Schedule 11 are revoked insofar as they extend to Scotland.

(2) The Regulations in Part 2 of Schedule 11 are revoked.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th June 2007