The Animals and Animal Products (Import and Export) (England) Regulations 2006 (revoked)

Regulation 9(4)

[F1 SCHEDULE 5 E+W+S Approval of Laboratories under the Poultry Health Scheme

Textual Amendments

F1 Schs. 2, 3 substituted (15.1.2009) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008 (S.I. 2008/3203), regs. 1(c), 2(6), Sch.

[F2 PART I U.K. APPROVAL

Textual Amendments

F2 Sch. 5 Pt. I substituted (1.7.2007) by The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621), regs. 1, 14(2)

1.   The Secretary of State may approve any laboratory that he considers to be suitable for the purposes of carrying out Mycoplasma or Salmonella testing under the Poultry Health Scheme. U.K.

2.   The operator of a laboratory approved under paragraph 1 shall pay the annual approval fee each year. U.K.

3.   The annual approval fee is the fee provided for in Part II. U.K.

4.   An inspector shall carry out inspections and quality assurance testing as the Secretary of State considers necessary. U.K.

5.   In so far as such costs have not been taken into account in determining the annual approval fee, the Secretary of State may make a charge at the inspector rate for an inspector’s time in carrying out inspections at laboratories. U.K.

6.   The Secretary of State— U.K.

(a) may charge a fee for the provision of samples for quality assurance testing for the purposes of—

(i) assessing an application for an approval under this Schedule;

(ii) assessing whether an approved laboratory remains suitable for approval (in so far as such costs have not been taken into account in determining the annual approval fee); and

(iii) assessing whether suspension of such an approval should be lifted; and

(b) shall publish on the Defra website the current fees which may be charged under this paragraph.

7.   A fee charged under paragraphs 4, 5 or 6 shall be paid by the operator of the laboratory concerned and payment shall be due upon written demand.] U.K.

PART II E+W+S ANNUAL APPROVAL FEE

[F3 1.   The Secretary of State— E+W+S

(a) shall determine the annual approval fee on the basis of the cost attributable to each laboratory of the items listed in paragraph 3;

(b) may determine different annual approval fees depending on whether the approval relates to:

(i) bacteriological testing for Mycoplasma only;

(ii) serological testing for Mycoplasma only;

(iii) bacteriological testing for Salmonella only;

(iv) serological testing for Salmonella only; or

(v) a combination of (i) to (iv); and

(c) shall publish the current annual approval fee or fees on the Defra website.]

Textual Amendments

F3 Sch. 5 Pt. 2 para. 1 substituted (1.7.2007) by The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621), regs. 1, 14(3)

2.   The annual approval fee shall be payable to the Secretary of State in respect of each approved laboratory and shall be non-refundable. E+W+S

3.   The items referred to in paragraph 1(a) are— E+W+S

(a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—

(i) any person directly involved in the administration of the approval of laboratories;

(ii) any person engaged in the management or administration of this work; and

(iii) any veterinary inspector who carries out inspections of laboratories;

(b) recruiting and training the staff referred to in sub-paragraph (a);

(c) travel and related incidental expenses incurred in the administration of the approval of laboratories (including carrying out inspections), except where incurred by a person attending his normal place of work;

(d) office accommodation, equipment and services for staff involved in the administration of approval of laboratories, including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e) provision of protective clothing and equipment used in carrying out inspections of establishments, and laundering that protective clothing;

(f) provision of quality assurance testing samples, assessment of the results and provision of advice about the results;

(g) provision of payroll and personnel services in connection with the employment of staff involved in the administration of approval of laboratories; and

(h) any other incidental expenses incurred in connection with the administration of the approval of laboratories.]