- Latest available (Revised)
- Point in Time (01/09/2006)
- Original (As made)
Version Superseded: 29/07/2010
Point in time view as at 01/09/2006.
There are currently no known outstanding effects for the The Animals and Animal Products (Import and Export) (England) Regulations 2006 (revoked), PART I .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1. Any reference to “the Directive” in this Part of this Schedule is a reference to Council Directive 90/539/EEC.E+W+S
2. An application for an establishment to become a member of the Poultry Health Scheme (“the Scheme” in this Schedule) must be accompanied by the registration fee, the details of which are set out in Part 2 of this Schedule.E+W+S
3. The Secretary of State shall only grant membership of the Scheme to an establishment if—E+W+S
(a)he is satisfied, following an inspection by a veterinary inspector, that—
(i)the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and
(ii)the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and
(b)the operator of the establishment, having been notified that the Secretary of State is satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.
4. The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.E+W+S
5. On receipt of the first annual membership fee, the Secretary of State shall issue the establishment's membership certificate, which shall include the establishment's membership number.E+W+S
6. The operator of an establishment that is a member of the Scheme shall pay the annual membership fee each year, and shall pay any re-inspection fee when it becomes due.E+W+S
7. In order to ensure that operators and their establishments continue to meet the requirements for membership of the Scheme, and generally to ensure compliance with the Directive —E+W+S
(a)a veterinary inspector (whether employed by Defra or not) shall carry out an annual veterinary inspection of the establishment; and
(b)a veterinary inspector employed by Defra shall carry out any additional inspections (in so far as not provided for under paragraph 8) which the Secretary of State considers necessary.
8. Without prejudice to any action which may be taken under paragraph 9, where, at the annual veterinary inspection of an operator's establishment, that operator or his establishment do not appear to the Secretary of State to meet the requirements either for membership of the Scheme or of the Directive, a veterinary inspector employed by Defra shall carry out such additional inspections (“re-inspections”) as the Secretary of State considers necessary to ensure compliance on the part of that operator and his establishment with those requirements, in which case a re-inspection fee shall—E+W+S
(a)be charged for each such re-inspection; and
(b)become due upon the receipt by the operator concerned of an invoice for that fee.
9. The Secretary of State—E+W+S
(a)shall suspend, revoke or restore membership in accordance with Chapter IV of Annex II to the Directive (references to “withdrawal” in that Chapter shall be read as references to “revocation” for the purposes of this paragraph);
(b)may suspend or revoke membership if—
(i)an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;
(ii)the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;
(iii)ownership or control of an establishment changes; or
(iv)the operator has not paid the annual membership fee or if a re-inspection fee remains unpaid 30 days after becoming due.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: