2013 No. 151
The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1, section 56(1) and (2) of the Finance Act 1973 M2, section 10(3)(c) of the Animal Health and Welfare Act 1984 M3 and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EC) No 2160/2003M4, Council Directive 2009/158/ECM5 and Commission Regulation (EU) Nos 200/2010 M6, 517/2011 M7 and 200/2012 M8 to be construed as references to those instruments as amended from time to time.
1973 c.51. The powers in section 56 are exercised in relation to regulation 4 and Schedule 1, regulation 6 and Schedule 2, and regulation 10 and Schedule 6 of this instrument. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act. Section 56(1) of the Finance Act 1973 was amended by S.I. 2011/1043.
1984 c.40. The power in section 10(3)(c) is exercised in relation to regulation 7 and Schedule 3, regulation 8 and Schedule 4 and regulation 9 and Schedule 5 of this instrument. See section 10(8) for the definition of “appropriate Minister”. The functions, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act.
OJ L 325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ L 281, 28.10.2011, p.7).
OJ L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).
OJ L 61, 11.3.2010, p.1, amended by Commission Regulation (EU) No 517/2011 (OJ No L 138, 26.6.2011, p.45).
OJ L 138, 26.5.2011, p.45.
OJ L 71, 9.3.2012, p.31.
Citation, commencement and extent1
1
These Regulations may be cited as the Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 and extend to Scotland only.
2
They come into force on 24th June 2013.
Interpretation2
In these Regulations—
“Council Directive 2009/158/EC” means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs, as amended from time to time;
“Regulation (EC) No 2160/2003” means 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, as amended from time to time;
“veterinary officer” means a veterinary surgeon employed as such by the Scottish Ministers or the Secretary of State; and
“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 M9.
Refund of fees3
If any application for which a fee is payable under these Regulations is withdrawn before its determination, the Scottish Ministers may refund to the applicant such proportion of any fee paid in respect of that application as Ministers think fit, having regard to any reasonable costs incurred by them in connection with the application.
Salmonella: fees and amendments4
1
This regulation and Schedule 1 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to the control of Salmonella in accordance with the relevant National Control Programme M10 established by or under Regulation (EC) No 2160/2003.
2
In Schedule 1—
a
the fees payable by the person in charge of a chicken or turkey holding for the activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 of that Table;
b
the fees payable by the operator of a laboratory for the activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table; and
c
the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 are specified in the corresponding entries in column 2 of that Table.
3
Words and expressions used in Schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.
5
1
The Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 M11 is amended as follows.
2
In article 2 (interpretation)—
a
omit the definitions of “Commission Regulation (EC) No. 1003/2005”, “Commission Regulation (EC) No. 1168/2006” and “Commission Regulation (EC) No. 646/2007”; and
b
after the definition of “Commission Regulation (EC) No. 1177/2006” insert—
“Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus, as amended from time to time;
“Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No. 2160/2003 and Commission Regulation (EU) No. 200/2010, as amended from time to time;
“Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No. 2160/2003 of the European Parliament and of the Council, as amended from time to time;
3
In articles 3(b) (competent authority), 8(1) (sampling) and 9(1) (submission of samples to an approved laboratory), for “Commission Regulation (EC) No. 1003/2005” substitute “
Commission Regulation (EU) No 200/2010
”
.
4
In articles 3(c), 8(2) and 9(1), for “Commission Regulation (EC) No. 1168/2006” substitute “
Commission Regulation (EU) No 517/2011
”
.
5
In articles 3(e), 8(3) and 9(1), for “Commission Regulation (EC) No. 646/2007” substitute “
Commission Regulation (EU) No 200/2012
”
.
6
In article 12(2) (duties of the person in charge of a laboratory), for “paragraph 3 of the Annex to Regulation (EC) No. 646/2007” substitute “
point 3 of the Annex to Commission Regulation (EU) No 200/2012
”
.
Poultry health scheme: fees6
1
This regulation and Schedule 2 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to the poultry health scheme.
2
In Schedule 2—
a
the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 of that Table; and
b
the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table.
3
In this regulation and Schedule 2—
“poultry health scheme” means the scheme for—
- a
the approval of establishments and laboratories; and
- b
the annual inspection of approved establishments,
for the purposes of Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/ECM12.
Bovine semen: fees7
1
This regulation and Schedule 3 set out the fees payable to the Scottish Ministers on demand by applicants and operators for activities conducted by the Scottish Ministers under the 2007 Regulations.
2
In Schedule 3, the fees payable by applicants and operators for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
3
In this regulation and Schedule 3, “the 2007 Regulations” means the Bovine Semen (Scotland) Regulations 2007 M13.
4
Words and expressions used in Schedule 3 have the same meanings as they have in the 2007 Regulations.
Porcine semen: fees8
1
This regulation and Schedule 4 set out the fees payable to the Scottish Ministers on demand in connection with the issue of licences or approvals and tests or examinations carried out under—
a
the 1964 Regulations; or
b
the 1992 Regulations.
2
The fees payable by the applicant or holder of the licence or approval for activities specified in column 1 of the Table in Schedule 4 are specified in the corresponding entries in column 2 of that Table.
3
In Schedule 4, “artificial insemination centre” means premises—
a
in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations; or
b
which are approved under regulation 2(2) or (3) of the 1992 Regulations.
Bovine embryo (collection, production and transfer): fees9
1
This regulation and Schedule 5 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to an application for an approval or a holder of an approval under the 1995 Regulations.
2
In Schedule 5, the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
3
In this regulation and Schedule 5, “the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 M16.
4
Words and expressions used in Schedule 5 have the same meanings as they have in the 1995 Regulations.
Checking consignments of live animals from third countries at border inspection posts: fees10
1
The fees specified in this regulation and Schedule 6 are payable to the Scottish Ministers on demand where an inspection of a consignment of live animals from a third country is carried out at a border inspection post in accordance with regulation 13 (procedure on importation) of the Trade in Animals and Related Products (Scotland) Regulations 2012 M17.
2
The fees payable in respect of the inspection of a consignment of live animals of a type specified in column 1 of the Table in Schedule 6 are specified in the corresponding entries in column 2 of that Table.
3
Paragraph (4) applies where the inspection is undertaken (whether in whole or in part)—
a
during a weekend;
b
after 1700 hours but before 0830 hours on a weekday; or
c
during a public holiday.
4
Where this paragraph applies, a fee of £80 is payable for every load subject to inspection in addition to any fee payable under Schedule 6.
5
In this regulation and Schedule 6—
“border inspection post” means a port or airport approved as such by the European Commission M18;
“consignment” means a quantity of animals of the same species, covered by the same veterinary certificate or document;
“load” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and that have been presented by a person responsible for their importation for checking at the border inspection post at the same time;
“public holiday” means New Year's Day, 2nd January, Good Friday, the first Monday in May, the first Monday in August, Christmas Day and Boxing Day; and
“third country” means a country other than a member State.
Agency arrangements11
1
The Scottish Ministers may arrange, with the agreement of the Secretary of State, for any of their functions of requiring payment of any fees under these Regulations to be exercised on their behalf by the Secretary of State.
2
An arrangement under this regulation must be in writing and be signed by, or on behalf of, the Scottish Ministers and the Secretary of State and such an arrangement may be subject to such conditions (including conditions as to financial arrangements) as may be agreed from time to time.
Revocations12
The Regulations specified in column 2 of Schedule 7 are revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
SCHEDULE 1Salmonella National Control Programme (Zoonoses): Fees
Fees payable by the person in charge of a chicken or turkey holding from which an official control sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003 | |
|---|---|
Column 1Activity | Column 2Fee (£) |
Time spent in obtaining an official control sample for examination in a laboratory (in addition to fees specified below) | 23 per half hour or part half hour spent |
Taking an official control sample from a chicken laying flock | 60 |
Taking an official control sample from a chicken breeding flock | 96 |
Taking an official control sample from a chicken broiler flock | 89 |
Taking an official control sample from a turkey fattening or breeding flock | 87 |
Examination of an official control sample in a laboratory | 15 per sample examined |
Fees payable by the operator of a laboratory in relation to approval under Article 12 of Regulation (EC) No 2160/2003 | ||
|---|---|---|
Column 1Activity | Column 2Fee (£) | |
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval | 43 | |
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | one test | 642 |
two tests | 661 | |
three tests | 681 | |
four tests | 700 | |
Conducting collaborative testing required to obtain and maintain approval as a testing laboratory | For Salmonella | 37 per test |
Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II of Regulation (EC) No 2160/2003 | |
|---|---|
Column 1Activity | Column 2Fee (£) |
Conducting tests on seven dust and faecal samples taken from each flock | 15 per sample tested |
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds in each flock | 3,560 |
Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs of each flock | 2,310 |
SCHEDULE 2Poultry health scheme: Fees
Fees for registration and approval of an establishment for the purposes of the poultry health scheme | |
|---|---|
Column 1Activity | Column 2Fee (£) |
Time spent by a veterinary officer carrying out the licensing or approval activities in this Table (in this Table, the “time fee”), in addition to the fees listed below unless otherwise specified in column 2 that this time fee does not apply | 23 per half hour or part half hour spent |
Annual registration as a poultry health scheme member (in this Table, a “scheme member”) | 61 (time fee does not apply) |
Approval for first year of a scheme member's flock or hatchery | 210 |
Approval for first year of a scheme member's combined flock and hatchery on one site where the inspection is carried out by a veterinary officer | 233 |
Annual re-approval of a scheme member's flock or hatchery, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 74 (time fee does not apply) |
Annual re-approval of a scheme member's combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 78 (time fee does not apply) |
Annual re-approval of a scheme member's flock or hatchery, where the inspection is carried out by a veterinary officer | 178 |
Annual re-approval of a scheme member's combined flock and hatchery on one site, where the inspection is carried out by a veterinary officer | 183 |
Fees payable by the operator of a laboratory in relation to an approval for the purposes of the poultry health scheme | |
|---|---|
Column 1Activity | Column 2Fee (£) |
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval | 43 |
Proficiency test in respect of Salmonella bacteriology (pullorum, gallinarum and arizonae) | 131 per test |
Proficiency test in respect of Salmonella serology (pullorum, gallinarum) | 336 per test |
Proficiency test in respect of Mycoplasma chicken serology (gallisepticum) | 336 per test |
Proficiency test in respect of Mycoplasma culture (gallisepticum and meleagridis) | 281 per test |
Proficiency test in respect of Mycoplasma turkey serology (gallisepticum and meleagridis) | 336 per test |
SCHEDULE 3Bovine semen: Fees
Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations | |||
|---|---|---|---|
Column 1Activity | Column 2Fee (£) | ||
Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) | veterinary officer | 23 per half hour or part half hour spent | |
person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer | 12 per half hour or part half hour spent | ||
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in a domestic collection centre or at unlicensed premises, or an application under regulation 10 of the 2007 Regulations for approval of the use of a bovine animal for collection of its semen or for use as a teaser animal at unlicensed premises | 38 | ||
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre | Bovine animal aged 6 months or under | 187 | |
Bovine animal aged over 6 months and in a same sex group | 187 | ||
Bovine animal aged over 6 months and in a mixed sex group | 368 | ||
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU quarantine centre | 114 | ||
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU collection centre | 146 | ||
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU storage centre | 63 | ||
Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations | 14 | ||
SCHEDULE 4Porcine semen: fees
Fees payable in connection with activities for the purposes of the 1964 RegulationsM19 and the 1992 Regulations | |||
|---|---|---|---|
M20Column 1Activity | Column 2Fee (£) | ||
1. Time spent carrying out the licensing or approval activities in this Table, in addition to each of the fees listed below (in this Table the “time fee”) unless specified in column 2 that this time fee is not applicable | veterinary officer | 23 per half hour or part half hour spent | |
person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer | 12 per half hour or part half hour spent | ||
Application for approval of boars to provide semen for the purpose of artificial insemination | |||
2. | |||
| 92 | ||
| 19 (time fee does not apply) | ||
Routine testing of boars | |||
3. Routine testing of boars at an artificial insemination centre from which semen is not subject to intra-EU trade | up to a maximum of 10 boars | 140 | |
each additional boar tested on the premises | 19 | ||
Operation of an artificial insemination centre | |||
4. | |||
| 29 | ||
| 29 | ||
| 9 | ||
SCHEDULE 5Bovine embryo (collection, production and transfer): fees
S.I. 1995/2478, to which there is an amendment not relevant to these regulations.
Fees payable in connection with activities for the purposes of the 1995 Regulations M21 | |
|---|---|
Column 1Activity | Column 2Fee (£) |
Time spent when carrying out inspections (in addition to the basic fees listed in this Table where the relevant facilities, premises or records require inspection) | 23 per half hour or part half hour spent |
Considering an application for approval of a single bovine embryo collection or production team where there is inspection of one laboratory | 131 |
Considering an application for approval of each additional laboratory or store from the same applicant where that laboratory or store is located more than 8 kilometres away from other embryo teams inspected for approval | 86 |
Considering an application for approval of an additional laboratory or store from the same applicant when the inspection is done on the same day and the laboratory or store is located 8 kilometres or less from other embryo teams inspected for approval | 27 |
Considering an application for approval of: | 60 |
- a bovine embryo transfer team; or - a store under regulation 13 of the 1995 Regulations; - a store under regulation 16 of the 1995 Regulations; or - a store and its supervisor under regulations 16 and 19 of the 1995 Regulations, | |
Considering an application for re-approval of a laboratory or a store following any alterations | 71 |
Carrying out routine inspection of records of a single bovine embryo production, collection or transfer team and re-inspection of a single laboratory or store | 70 |
Carrying out routine inspection of records of each additional bovine embryo production, collection or transfer team, and re-inspection of each additional laboratory or store | 41 for each additional team and laboratory or store |
Considering an application for approval of a bovine embryo collection team or production team with no inspection of a laboratory | 168 |
SCHEDULE 6Checking consignments of live animals from third countries at border inspection posts: fees
S.S.I. 2012/177, as amended by S.S.I. 2012/198.
Fees for inspecting consignments of animals from third countries and checking importation documentation at border inspection posts in accordance with regulation 13 of the Trade in Animals and Related Products (Scotland) Regulations 2012 | |
|---|---|
M22Column 1Inspection of type of animal and checking documents | Column 2Fee (£) per consignment |
Poultry, ratites and small game birds | 44 |
Live fish, aquatic animals and reptiles | 40 |
Rabbits and rodents | 44 |
Captive birds | 44 |
Bees, other insects and invertebrates | 40 |
Pets unaccompanied | 44 |
Equidae | 54 |
Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar | 54 |
Animals not covered by any other category | 44 |
Transhipment check of documents | 44 |
SCHEDULE 7
Column 1Reference | Column 2Title | Column 3Extent of revocation |
|---|---|---|
S.I. 1995/2479 | The Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 | The whole Regulations |
S.I. 1997/639 | The Animals (Third Country Imports) (Charges) Regulations 1997 | The whole Regulations |
S.S.I. 2007/330 | The Bovine Semen (Scotland) Regulations 2007 | Regulations 41 and 42 |
S.S.I. 2007/421 | The Porcine Semen (Fees) (Scotland) Regulations 2007 | The whole Regulations |
S.S.I. 2009/230 | The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009 | The whole Regulations |
S.S.I. 2009/416 | The Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2009 | The whole Regulations |
S.S.I. 2010/88 | The Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2010 | The whole Regulations |
S.S.I. 2011/171 | The Animal By-Products (Enforcement) (Scotland) Regulations 2011 | Schedule 2, paragraphs 48 to 50 |
S.S.I. 2012/176 | The Poultry Health Scheme (Fees) (Scotland) Regulations 2012 | The whole Regulations |
1972 c.68. The powers in section 2(2) are exercised in relation to regulations 5 and 11 of this instrument. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act, and amended by the 2008 Act, Schedule, Part 1.