The Animal Health (Miscellaneous Fees) (England) Regulations 2018

Citation, extent, application and commencement E+W

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 E+W

2.  In these Regulations—

“the 1964 Regulations” means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 F1 ;

“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992 F2 ;

“the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 F3 ;

“the 2007 Regulations” means the Bovine Semen (England) Regulations 2007 F4 ;

“the 2011 Regulations” means the Trade in Animals and Related Products Regulations 2011 F5 ;

“[F6 border control 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;

[F7 “poultry health scheme” means the scheme established by the Secretary of State governing the export or movement of birds or hatching eggs to the EU, Northern Ireland or specified non-EU countries, published on 22nd July 2021;]

[F8 “third country” means a country or territory other than the British Islands;]

“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 F9 .

Textual Amendments

F1 S.I. 1964/1172, to which there are amendments not relevant to these Regulations.

F2 S.I. 1992/3161.

F3 S.I. 1995/2478, to which there is an amendment not relevant to these Regulations.

F4 S.I. 2007/1319, amended by S.I. 2011/454 and 2013/1240.

F5 S.I. 2011/1197, to which there are amendments not relevant to these Regulations.

F6 Words in reg. 2 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(2)(a)

F7 Words in reg. 2 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(2)(b)

F8 Words in reg. 2 substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 23

F9 1966 c.36.

[F10 Fees payable where an activity is carried out over a period during which different fees apply E+W

2A.   If any activity for which a fee is payable under these Regulations is carried out over a period during which different fees apply, the fee payable in relation to that activity is—

(a) where the activity is carried out as part of an application, the fee that applied on the date the application is received;

(b) otherwise, the fee that applied on the date the activity is commenced.]

Textual Amendments

F10 Reg. 2A inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(3)

Refund of fees E+W

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.

Salmonella F11 ... control programmes (zoonoses): fees E+W

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 F12 ... Control Programme established by or under Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents F13 ; and accordingly—

(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 [F14 or column 3] of that table;

(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 [F15 or column 3] of that table;

(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 [F16 or column 3] of that table.

(2) Words and expressions used in schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.

Textual Amendments

F11 Word in reg. 4 heading omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 17(2); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in reg. 4(1) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 17(3); 2020 c. 1, Sch. 5 para. 1(1)

F13 OJ No L 325, 12.12.2003, p.1, as last amended by Council Regulation (EU) No 517/2013 (OJ No L 158, 10. 06.2013, p.1).

F14 Words in reg. 4(1)(a) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

F15 Words in reg. 4(1)(b) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

F16 Words in reg. 4(1)(c) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

Poultry health scheme: fees E+W

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 [F17 or column 3] 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.

Textual Amendments

F17 Words in reg. 5(a) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

Bovine semen: fees E+W

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 [F18 or column 3] of that table.

(2) In regulation 41 of the 2007 Regulations, for “regulation 7(4) of the Animal Health (Miscellaneous Fees) Regulations 2013 F19 ” 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.

Textual Amendments

F18 Words in reg. 6(1) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

F19 S.I. 2013/1240.

Porcine semen: fees E+W

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 [F20 or column 3] of that table.

Textual Amendments

F20 Words in reg. 7 inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

Bovine embryo (collection, production and transfer): fees E+W

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 [F21 or column 3] of that table.

(2) Words and expressions used in schedule 5 have the same meanings as they have in the 1995 Regulations.

Textual Amendments

F21 Words in reg. 8(1) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(4)

Checking consignments of live animals from third countries [F22 border control posts]: fees E+W

9.  Schedule 6 sets out the fees payable where inspections and checks of import documentation are carried out at [F23 border control 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).

Textual Amendments

F22 Words in reg. 9 heading substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(5)

F23 Words in reg. 9 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 3(5)

Revocation E+W

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

We consent

Andrew Stephenson

Rebecca Harris

Two of the Lords Commissioners of Her Majesty's Treasury