The Charges for Residues Surveillance Amendment (Scotland) Regulations 2024

Amendments to the Charges for Residues Surveillance Regulations 2006

2.—(1) The Charges for Residues Surveillance Regulations 2006(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “carcase” insert—

““competent authority” has the meaning given in Article 3(3)(a) of the Official Controls Regulation;”,

(b) after the definition of “milk” insert—

““the Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products(2)”.

(3) In regulation 3 (liability for and recovery of charges for residues surveillance)—

(a) for paragraph (1), substitute—

“(1) In respect of costs incurred by a competent authority in carrying out the official controls required by Article 150(1) of the Official Controls Regulation on the animals, fish and animal products listed in the first column of Schedule 1, the competent authority shall, except where paragraph (7) applies—

(a) for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed within the period beginning with 1 October 2024 and ending with 31 March 2025, charge the amount specified in the corresponding entry in the second column of that Schedule; and

(b) for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed on or after 1 April 2025, charge the amount specified in the corresponding entry in the third column of that Schedule.”,

(b) in paragraph (2)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) for “him” in both places it occurs substitute “the competent authority”,

(c) in paragraph (5)—

(i) for “The Secretary of State” substitute “A competent authority”,

(ii) for “he” substitute “the competent authority”,

(iii) for “his” substitute “the”,

(d) in paragraph (6)—

(i) for “If the Secretary of State” substitute “If a competent authority”,

(ii) for “he” substitute “the competent authority”,

(iii) in subparagraph (c) for “he” substitute “the competent authority”,

(e) in paragraph (8)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) for “his agent” substitute “the competent authority’s agent”,

(iii) for “his inspection” substitute “the inspection”,

(f) in paragraph (9)—

(i) for “Secretary of State” substitute “competent authority”,

(ii) in subparagraph (c) for “he will” substitute “the competent authority will”.

(4) In regulation 4 (information, offences and enforcement)—

(a) in paragraph (1)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) in subparagraph (a) for “Secretary of State” substitute “competent authority”,

(iii) in subparagraph (b)—

(aa) for “Secretary of State” substitute “competent authority”,

(bb) for “him” substitute “the competent authority”,

(b) in paragraph (3)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) for “him” substitute “the competent authority”,

(c) for paragraph (4) substitute—

“(4) These Regulations shall be enforced by—

(a) the Scottish Ministers,

(b) Food Standards Scotland, or

(c) the food authority,

where they are the competent authority.”.

(5) For Schedule 1(3) substitute—

Regulation 3(1)

“SCHEDULE 1 Residues surveillance charges

Type of creature or animal product	Charge (£) from 1 October 2024 to 31 March 2025	Charge (£) from 1 April 2025
Bovine	0.7007 per carcase	0.7617 per carcase
Goat	0.0691 per carcase	0.0751 per carcase
Sheep	0.0691 per carcase	0.0751 per carcase
Soliped	0.4287 per carcase	0.4660 per carcase
Swine	0.0676 per carcase	0.0735 per carcase
Game and wild game	1.0461 per tonne	1.0461 per tonne
Poultry	0.5917 per tonne	0.6432 per tonne
Eggs	0.0206 per case of 360	0.0206 per case of 360
Milk	0.0373 per 1000 litres	0.0405 per 1000 litres
Fish other than trout	2.1660 per tonne of marketed product	2.3546 per tonne of marketed product
Trout	2.5963 per tonne of fish food	2.8222 per tonne of fish food ”

(1)

S.I. 2006/2285, amended by S.I. 2007/2439, S.I. 2008/2999, S.I. 2009/2779 and S.I. 2011/2945.

(2)

EUR 2017/625. Article 3(3)(a) was relevantly amended by S.I. 2020/1481 and S.I. 2022/1315.

(3)

Schedule 1 was substituted by S.I. 2011/2945.