Statutory Instruments
Animals, England
Animal Health
Made
15th June 2011
Laid before the House of Commons
20th June 2011
Coming into force
11th July 2011
The Secretary of State, in exercise of the powers conferred by sections 1 and 84(1) of the Animal Health Act 1981(1) and with the approval of the Treasury, makes the following Order.
1. This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011, applies in England and comes into force on 11th July 2011.
2. A manufacturer of disinfectant who applies to have a product approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007(2) must, when applying, pay to the Secretary of State—
(a)a fee of £1,000 for administrative services relating to the application, and
(b)the fee specified in the Schedule in respect of each purpose for which the application is made, for testing the efficacy and quality of the disinfectant.
3.—(1) A manufacturer who has had a product approved under the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must pay an annual fee of £375 to the Secretary of State by the due date for payment for post-approval testing and administrative costs.
(2) The annual fee is payable in relation to every purpose specified in the Schedule for which the disinfectant remains approved on the due date for payment.
(3) The due date for payment is 1st September in every year.
4. Where Value Added Tax is chargeable in respect of the provision of a fee prescribed in this Order there is payable in addition to that fee a further fee equivalent to the amount of Value Added Tax.
5. For article 6 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 substitute—
“6.—(1) The Secretary of State may amend, suspend or revoke the approval or refuse to renew the approval in respect of a disinfectant in the following circumstances—
(a)production has ceased;
(b)the disinfectant is no longer efficacious or of suitable quality;
(c)the manufacturer does not comply with any condition of approval;
(d)the disinfectant does not comply with the Biocidal Products Regulations 2001; or
(e)the manufacturer who is required to pay the annual fee in accordance with article 3 of the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011 has failed to make payment by the due date for payment.
(2) The Secretary of State may also suspend an approval pending investigation of any disinfectant if the Secretary of State has reasonable grounds to suspect that any of the circumstances in paragraph (1)(a) to (d) apply.”
6. The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2010(3) is revoked.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
25th May 2011
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2011
Article 2(b)
| Purpose | Fee (£) | |
|---|---|---|
| Use in relation to diseases of poultry (if one dilution rate is specified by the person applying for the approval of the disinfectant) | 1,040 | |
| Use in relation to diseases of poultry (if three dilution rates are specified by the person applying for the approval of the disinfectant) | 1,400 | |
| Use in relation to tuberculosis (if one dilution rate is specified by the person applying for the approval of the disinfectant) | 1,300 | |
| Use in relation to tuberculosis (if three dilution rates are specified by the person applying for the approval of the disinfectant) | 1,620 | |
| Use in relation to foot-and-mouth disease | 1,920 | |
| Use in relation to swine vesicular disease | 1,920 | |
| Use in relation to all other instances where there is a legislative requirement to use an approved disinfectant (if one dilution rate is specified by the person applying for the approval of the disinfectant) | 715 | |
| Use in relation to all other instances where there is a legislative requirement to use an approved disinfectant (if three dilution rates are specified by the person applying for the approval of the disinfectant) | 815 | |
(This note is not part of the Order)
This Order revokes and replaces the Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2010 (S.I. 2010/739) and replaces article 6 of the Diseases of Animals (Approved Disinfectants)(England) Order 2007 (S.I.2007/448) (“the 2007 Order”).
With effect from 11th July 2011 article 2(a) reduces the fee for administrative services on application from £1,770 to £1,000. The fees payable on application by a manufacturer of disinfectant for testing for use for each purpose identified in the Schedule and introduced by article 2(b) remain unaltered from the 2010 Order.
Article 3 introduces an annual fee payable by manufacturers on 1st September each year to cover post-approval testing and administrative costs in order to maintain approvals of disinfectants for their specified purpose.
The list of approved disinfectants can be found on the Defra website of approved disinfectants at www.defra.gov.uk/foodfarm/farmanimal/diseases/control/disinfectants.htm.
Article 4 provides for the payment of Value Added Tax in addition to the prescribed fee where Value Added Tax is chargeable.
Article 5 replaces article 6 of the 2007 Order to permit the Secretary of State to amend, suspend or revoke an approval for non-payment of the annual fee.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Defra website at www.defra.gov.uk and can also be found with the Explanatory Memorandum and the instrument at www.legislation.gov.uk.
1981 c. 22. Powers to make Orders under these sections were originally conferred on “the Ministers” as defined in section 86 of the Act. These powers are now exercisable by the Secretary of State in England. Functions of “the Ministers” so far as exercisable by the Secretaries of State for Scotland and Wales, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Fisheries) Order 1999 (SI 1999/3141). Functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (SI 2002/794).