The Animal Health (Poultry Compartments, Approved Disinfectants and Animal Gatherings) (Fees) (England) (Amendment) Order 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends—

(a) the Poultry Compartments (Fees) (England) Order 2010 (S.I. 2010/270) (“the Poultry Compartments Fees Order”);

(b) the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011 (S.I. 2011/1509) (“the Approved Disinfectants Fees Order”); and

(c) the Animal Gatherings (Fees) (England) Order 2018 (S.I. 2018/663) (“the Animal Gatherings Fees Order”).

This Order increases fees payable to the Secretary of State under the Approved Disinfectants Fees Order and the Animal Gatherings Fees Order for services provided by the Animal and Plant Health Agency, an executive agency of the Department for Environment, Food and Rural Affairs. It also revokes provisions in the Poultry Compartments Fees Order and the Approved Disinfectants Fees Order which currently provide for Value Added Tax (VAT) to be added to fees charged under those Orders.

Article 2 amends the Poultry Compartments Fees Order to omit the words “+ VAT” each time they occur in the table in the Schedule, so that VAT is no longer payable in respect of the fees set out in the table.

Article 3 amends the Approved Disinfectants Fees Order to—

(a) increase the fee payable under article 2(a) for administrative services on applications from £1,000 to £1,199 for applications received on or before 30th November 2023, and to £1,399 for applications received after 30th November 2023 (the latter fee representing a 40% increase on the current fee, rounded to the nearest integer);

(b) increase the annual fee payable under article 3(1) for post-approval testing and administrative costs from £375 to £482 as regards the year beginning on 1st September 2023 and ending on 31st August 2024, and to £590 as regards each subsequent corresponding year (the latter fee representing a 57% increase on the current fee, rounded to the nearest integer);

(c) omit article 4, so that VAT is no longer payable on fees payable under the Order;

(d) substitute a new Schedule providing for increased fees for testing the efficacy and quality of disinfectants. Column 2 of the table in the new Schedule provides for an interim increase, ie for applications received on or before 30th November 2023. Column 3 of the table applies to applications received and renewals undertaken after 30th November 2023 and provides for a further increase. The fees set out in column 3 represent the following percentage increases on the current fees (rounded to the nearest integer): 263% (row 2), 198% (row 3), 28% (row 4), 27% (row 5), 65% (rows 6 and 7), 44% (row 8) and 39% (row 9).

Article 4 amends the Animal Gatherings Fees Order to substitute a new Schedule providing for increased fees for the licensing of premises for animal gatherings. The new Schedule provides as follows.

(a) Table 1 sets out fees payable for the licensing of premises for animal sales or collection centres that are not exempt under article 3(4). Column 2 provides for an interim increase, ie for applications received and renewals undertaken on or before 30th November 2023. Column 3 applies to applications received and renewals undertaken after 30th November 2023 and provides for a further increase. The fees set out in column 3 represent the following percentage increases to the current fees (rounded to the nearest integer): 48% (row 3), 65% (row 4), 57% (row 5) and 42% (row 6).

(b) Table 2 sets out fees payable for the licensing of premises for shows or exhibitions that are not exempt under article 3(4). Column 2 provides for an interim increase, ie for applications received and renewals undertaken on or before 30th November 2023. Column 3 applies to applications received and renewals undertaken after 30th November 2023 and provides for a further increase. The fees set out in column 3 represent the following percentage increases to the current fees (rounded to the nearest integer): 107% (row 3), 67% (row 4), 85% (row 5), 55% (row 6) and 46% (row 7).

(c) Table 3 sets out additional fees payable for the licensing of premises. Column 2 provides for an interim increase, ie for veterinary visits undertaken on or before 30th November 2023. Column 3 applies to veterinary visits undertaken after 30th November 2023 and provides for a further increase. The fees set out in column 3 represent the following percentage increases to the current fees (rounded to the nearest integer): 84% (rows 3 and 4), 38% (row 5) and 5% (row 6).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.