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The Animal Health (Miscellaneous Fees) Regulations 2013

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Statutory Instruments

2013 No. 1240

Animals

Animal Health

The Animal Health (Miscellaneous Fees) Regulations 2013

Made

20th May 2013

Laid before Parliament

31st May 2013

Coming into force

24th June 2013

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Union.

The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 M3 as read with paragraph 1A of Schedule 2 to the European Communities Act 1972, and so far as relating to regulations 7, 8 and 9 in exercise of the powers conferred by section 10(3)(c) of the Animal Health and Welfare Act 1984 M4.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to 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 M5, Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species M6, or Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M7, to be construed as a reference to that Regulation or that Directive as amended from time to time.

Marginal Citations

M1S.I. 1972/1811. The function of the former Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

M21972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule. The power of the Secretary of State to make Regulations that extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (c.46). The power of the Secretary of State to make Regulations that extend to Northern Ireland remains exercisable by virtue of article 2(3) of the European Communities (Designation) (No 2) Order 1999 (S.I. 1999/2027) and article 2(a) of the European Communities (Designation) Order 2008 (S.I. 2008/301). The power of the Secretary of State to make Regulations in relation to Wales remains exercisable by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32).

M31973 c.51. Subsection (6) of section 56 was repealed by the Statute Law (Repeals) Act 1977 (c.18).

M5OJ No L325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ No L 281, 28.10.2011, p.7).

M6OJ No L 224, 18.8.1990, p. 62 as last amended by Commission Implementing Regulation (EU) 176/2012 (OJ No L 61 2.3.2012 p.1).

M7OJ No. L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ No. L 343, 12.12.2011 p. 105).

Title, extent, application and commencementE+W

1.—(1) These Regulations may be cited as the Animal Health (Miscellaneous Fees) Regulations 2013.

(2) Regulation 4 extends to England and Wales, Scotland and Northern Ireland.

(3) Subject to paragraph (2) these Regulations extend to England and Wales, but apply in relation to England only.

(4) These Regulations come into force on 24th June 2013.

InterpretationE+W

2.—(1) In these Regulations—

veterinary officer” means a veterinary surgeon employed as such by the Secretary of State; and

veterinary surgeon” means a person registered in the register of veterinary surgeons kept under the Veterinary Surgeons Act 1966 M8.

(2) In these Regulations, a reference to—

(a)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,

(b)Council Directive 90/429/EEC laying down the animal health requirements applicable to intra- Community trade in and imports of semen of domestic animals of the porcine species, or

(c)Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs,

is to be construed as a reference to that instrument as amended from time to time.

Marginal Citations

Refund of feesE+W

3.  If any application for which a fee is payable under or by virtue of these Regulations is withdrawn before determination of the application, the Secretary of State must refund to the applicant such proportion of any fee paid in respect of that application as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application.

Control of trade in endangered species: feesU.K.

4.—(1) The Control of Trade in Endangered Species (Fees) Regulations 2009 M9 are amended as follows.

(2) In regulation 3—

(a)for paragraph (1) substitute—

(1) Except where regulation 4 applies, a person who wishes to obtain a permit, certificate or registration specified in an entry in column 1 of the Schedule must pay the fee specified corresponding to that entry in column 2 (for animals) or column 3 (for plants) as the case may be.;

(b)in paragraph (2) for “regulation 4(2)” substitute “ regulation 4 ”; and

(c)after paragraph (2) insert—

(3) If any application for which a fee is payable under these Regulations is withdrawn before consideration of the application, the Secretary of State must refund to the applicant such proportion of any fee paid in respect of that application as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application..

(3) For regulation 4 substitute—

Fee for the issue of additional permits or certificates

4.  Where a single application covers more than one specimen and the issue of more than one permit or certificate is required, a fee of £1.50 is payable by the applicant for each additional permit or certificate issued..

(4) In regulation 5(2)(b) for “4(2)” substitute “ 4 ”.

(5) In regulation 6(8) for “18, 19, 29 or 63” substitute “ 18, 19 or 29 ”.

(6) For the Schedule substitute the Schedule (fees) set out in Schedule 1 to these Regulations.

Marginal Citations

Salmonella national control programmes (zoonoses): feesE+W

5.—(1) Schedule 2 sets out the fees payable for activities conducted by the Secretary of State 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 of the European Parliament and of the Council M11.

(2) In Schedule 2—

(a)the fees payable by the person in charge of a poultry 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.

Marginal Citations

M10There are salmonella national control programmes for laying chickens producing eggs for human consumption, breeding chickens, broiler chickens and turkeys that are designed to reduce the prevalence of different types of Salmonella that are of public health significance in line with EU targets.

M11OJ No L 325, 12.12.2003, p.1, as last amended by Commission Regulation (EU) No 1086/2011 (OJ No L 281, 28.10.2011, p.7).

Poultry health scheme: feesE+W

6.  The following fees are specified in Schedule 3 for activities conducted by the Secretary of State in relation to the poultry health scheme M12 established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC and implemented by paragraph 4 of Schedule 2 to the Trade in Animals and Related Products Regulations 2011 M13

(a)Table 1 sets out the fees payable by applicants for approval and registration activities specified in column 1 of that Table are specified in the corresponding entries in column 2 of that Table; and

(b)Table 2 sets out the fees payable by the operator of a laboratory for activities specified in column 1 of that Table are specified in the corresponding entries in column 2 of that Table.

Marginal Citations

M12The poultry health scheme offers a system of registration and approval enabling establishments to verify compliance with EU legislation so that they are then eligible to export over 20 chicks or hatching eggs to other EU Member States. Additionally it provides for proficiency tests to be carried out on the laboratories that test samples on behalf of poultry health scheme members.

Bovine semen: feesE+W

7.—(1) The Bovine Semen (England) Regulations 2007 M14 (“the 2007 Regulations”) are amended in accordance with paragraphs (2) and (3).

(2) For regulation 41 substitute—

41.  The fees payable to the Secretary of State are as provided by regulation 7(4) of the Animal Health (Miscellaneous Fees) Regulations 2013..

(3) Omit regulation 42.

(4) The fees specified in column 2 of Schedule 4 to these Regulations are payable for the activities specified in column 1 of that Schedule and words and expressions used in that Schedule and the 2007 Regulations have the same meanings as in the 2007 Regulations.

Marginal Citations

M14S.I. 2007/1319, to which there are amendments not relevant to these regulations.

Porcine semen: feesE+W

8.—(1) Schedule 5 sets out the fees payable to the Secretary of State in connection with the issue of licences or approvals and tests and examinations carried out under—

(a)the Artificial Insemination of Pigs (England and Wales) Regulations 1964 M15 (“the 1964 Regulations”); or

(b)the Artificial Insemination of Pigs (EEC) Regulations 1992 M16 (“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 5 are specified in the corresponding entries in column 2 of that Table.

(3) In Schedule 5 “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 have been approved under regulation 2(2) or (3) of the 1992 Regulations.

Marginal Citations

M15S.I. 1964/1172, to which there are amendments not relevant to these Regulations.

Bovine embryo (collection, production and transfer): feesE+W

9.—(1) This regulation and Schedule 6 set out the fees payable to the Secretary of State for activities in relation to an application for an approval or a holder of an approval under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 M17 (“the 1995 Regulations”).

(2) In Schedule 6, 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.

Marginal Citations

M17S.I. 1995/2478, to which there is an amendment not relevant to these regulations.

Checking consignments of live animals at border inspection posts: feesE+W

10.—(1) The fees specified in this regulation and Schedule 7 are payable where inspections are carried out at border inspection posts of consignments of live animals from a third country in accordance with regulation 15 (procedure on importation) of the Trade in Animals and Related Products Regulations 2011.

(2) The fees payable in respect of the inspection of a consignment of live animals specified in column 1 of the Table in Schedule 7 are specified in the corresponding entry in column 2 of that Table.

(3) Paragraph (4) applies where the inspection of any live animal at a border inspection post is undertaken (whether in whole or in part)—

(a)during a weekend;

(b)after 17.00 hours but before 08.30 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 7).

(5) In this regulation and Schedule 7—

(a)border inspection post” means a port or airport approved as such by the European Commission M18;

(b)consignment” means a quantity of animals of the same species, covered by the same veterinary certificate or document;

(c)load” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and presented by a person responsible for their importation for checking at the border inspection post at the same time;

(d)public holiday” means Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971 M19; and

(e)third country” means a country other than a member State.

Marginal Citations

M18The European Commission periodically publishes lists of border inspection posts. The list of approved border inspection posts is laid down in Commission Decision 2009/821/EC (OJ No L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision 2012/762/EU (OJ No L 336, 8.12.2012, p.94).

RevocationsE+W

11.  The following are revoked—

(a)the Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 M20;

(b)the Animals (Third Country Imports) (Charges) Regulations 1997 M21;

(c)the Porcine Semen (Fees) (England) Regulations 2007 M22;

(d)the Zoonoses and Animal By-Products (Fees) (England) Regulations 2010 M23; and

(e)the Poultry Health Scheme (Fees) Regulations 2011 M24.

David Heath

Minister of State

Department for Environment, Food and Rural Affairs

14th May 2013

We consent

Mark Lancaster

Robert Goodwill

Two of the Lords Commissioners of Her Majesty's Treasury

20th May 2013

Regulation 4(6)

SCHEDULE 1U.K.Control of trade in endangered species: fees

Regulation 3

SCHEDULEU.K.FEES

Column 1 Type of permit, certificate or registrationColumn 2 Fee for animals (£)Column 3 Fee for plants (£)
Certificate of origin issued under the Council Regulation3131
Commercial use certificate issued under Article 10, in accordance with Article 8 of the Council Regulation3131
Export permit issued in accordance with Article 5 of the Council Regulation6374
Re-export certificate issued in accordance with Article 5 of the Council Regulation3759
Movement certificate issued under Article 10, in accordance with Article 9 of the Council Regulation8888
Pre-issued re-export certificate issued under Article 18 of the Commission Regulation (biological samples)4459
Pre-issued re-export certificate issued under Article 19 of the Commission Regulation (dead specimens)4459
Import permit issued under Article 4 of the Council Regulation6774
Pre-issued export permit issued under Article 18 of the Commission Regulation7274
Pre-issued export permit issued under Article 19 of the Commission Regulation7274
Pre-issued export permit issued under Article 29 of the Commission Regulation (nursery permits)Not applicable74
Personal ownership certificate issued under Article 37 of the Commission Regulation7474
Sample collection certificate issued under Article 44a of the Commission Regulation7474
Travelling exhibition certificate issued under Article 30 of the Commission Regulation7474
Scientific institution certificate issued under Article 60 of the Commission Regulation146195
CITES registration221221

Regulation 5

SCHEDULE 2E+WSalmonella national control programme (zoonoses): Fees

Table 1

Fees payable by the person in charge of chicken or turkey holding from which an official samples is taken, processed and examined
Column 1 ActivityColumn 2 Fee (£)
Time spent in obtaining an official control sample for examination in a laboratory (in addition to the fees specified below)23 per half hour or part half hour spent
Taking an official control sample from a chicken laying flock60
Taking an official control sample from a chicken breeding flock96
Taking an official control sample from a chicken broiler flock89
Taking an official control sample from a turkey fattening and breeding flocks87
Examination of an official control samples in a laboratory15 per sample examined

Table 2

Fees payable by the operator of a laboratory
Column 1 ActivityColumn 2 Fee (£)
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval43
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approvedone test642
two tests661
three tests681
four tests700
Conducting collaborative testing for Salmonella as required to obtain and maintain approval as a testing laboratory37 per test

Table 3

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 1 ActivityColumn 2 Fee (£)
Conducting tests on seven dust and faecal samples taken from each flock15 per sample tested
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from each flock3,560
Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock2,310

Regulation 6

SCHEDULE 3E+WPoultry health scheme: Fees

Table 1

Fees for registration and approval of an establishment for the purposes of the poultry health scheme

Column 1

Activity

Column 2 Fee (£)
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 approval of scheme member's flock or hatchery210
Approval for first year approval of a scheme member's combined flock and hatchery on one site where the inspection is carried out by a veterinary officer233
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 officer74 (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 officer78 (time fee does not apply)
Annual re-approval of a scheme member's flock or hatchery, where inspection carried out by a veterinary officer178
Annual re-approval of a scheme member's combined flock and hatchery on one site, where inspection carried out by a veterinary officer183

Table 2

Fees payable by the operator of a laboratory in relation to approval for the purpose of the poultry health scheme

Column 1

Activity

Column 2

Fee (£)

Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval43
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

Regulation 7(4)

SCHEDULE 4E+WBovine semen: Fees

Fees payable by applicants and operators under the Bovine Semen (England) Regulations 2007 (“the 2007 Regulations”)
Column 1 Activity

Column 2

Fee (£)

Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below)officer who is not a veterinary officer12 per half hour or part half hour spent
veterinary officer23 per half hour or part half hour spent
Considering an application for approval under regulations 7 and 10 of the 2007 Regulations for use in domestic collection centre or at unlicensed premises38
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centreBovine animal aged 6 months or under187
Bovine animal aged over 6 months and in the same sex group187
Bovine animal aged over 6 months and in a mixed sex group368
Considering an application for a licence to operate an EU quarantine centre under regulation 4 of the 2007 Regulations114
Considering an application for a licence to operate an EU collection centre under regulation 4 of the 2007 Regulations146
Considering an application for a licence to operate an EU storage centre under regulation 4 of the 2007 Regulations63
Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations14

Regulation 8

SCHEDULE 5E+WPorcine semen: Fees

Fees payable under the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (“the 1964 Regulations”) and the Artificial Insemination of Pigs (EEC) Regulations 1992
Column 1 Activity

Column 2

Fee (£)

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 applicableofficer who is not a veterinary officer12 per half hour or part half hour spent
veterinary officer23 per half hour or part half hour spent
Application for approval of boars to provide semen for the purpose of artificial insemination
Considering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of semen which will not be subject to intra-EU trade92
Considering an application for the approval of each additional boar examined at the same time19 (time fee does not apply)
Routine testing of boars
Compulsory routine testing of boars in accordance with Annex B, Chapter II, paragraph 1 of Council Directive 90/429/EEC on an artificial insemination centre from which semen may be subject to intra-EU tradeup to a maximum of 10 boars201
each additional boar tested on the premises26
Routine testing of boars on an artificial insemination centre from which semen is not subject to intra-EU tradeup to a maximum of 10 boars140
each additional boar tested on the premises19
Operation of an artificial insemination centre
Considering an application from an operator for an artificial insemination centre licence or approval29
Considering an application for approval of an alteration to licensed premises (in accordance with conditions attached to the licence)29
Routine examination of artificial insemination centre9

Regulation 9

SCHEDULE 6E+WBovine embryo (collection, production and transfer): fees

Fees payable under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (“the 1995 Regulations”)
Column 1 ActivityColumn 2 Fee (£)
Time spent by veterinary officer when carrying out inspections and checks (in addition to the basic fees listed in this Table where the relevant facilities or premises require inspection or records require checking)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 laboratory131
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 approval86
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 approval27

Considering an application for approval of:

- a bovine embryo transfer team; or

- a store under regulation 13;

- a store under regulation 16; or

- a store and its supervisor under regulations 16 and 19, of the 1995 Regulations

60
Considering an application for re-approval of a laboratory or a store following any alterations71
Carrying out routine inspection of records of a single bovine embryo production, collection or transfer team and re-inspection of a single laboratory or store70
Carrying out routine inspection of records of each additional bovine embryo production, collection or transfer team, and re-inspection of each additional laboratory or store41 for each additional team and laboratory or store
Considering an application for approval of a bovine embryo collection or production team with no inspection of a laboratory168

Regulation 10

SCHEDULE 7E+WChecking consignments of live animals from third countries at border inspection posts: fees

Fees for inspecting consignments of animals from third countries and checking importation documentation at border inspection posts in accordance with regulation 15 of the Trade in Animals and Related Products Regulations 2011 M25
Column 1 Inspection of type of animal and checking documentsColumn 2 Fee (£) per consignment
Poultry, ratites and small game birds44
Live fish, aquatic animals and reptiles40
Rabbits and rodents44
Captive birds44
Bees, other insects and invertebrates40
Pets unaccompanied44
Equidae54
Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar54
Animals not covered by any other category44
Transhipment check of documents44

Marginal Citations

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for consolidation and increase of fees payable to the Secretary of State in the field of animal health into one statutory instrument. The fees are collected by the Animal Health and Veterinary Laboratories Agency (AHVLA), an executive agency of the Department for Environment, Food and Rural Affairs.

The Control of Trade in Endangered Species (Fees) Regulations 2009 (S.I. 2009/496) is amended by regulation 4. The fees in regulation 4 and Schedule 1 are payable in relation to certificates and permits issued under Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora. Regulation 4 extends to the whole of the United Kingdom; the other provisions of the instrument apply only in England.

The fees in regulation 5 and Schedule 2 are payable in relation to activities required under Regulation (EC) No 2160/2003 and in accordance with Salmonella National Control Programmes for poultry.

The fees in regulation 6 and Schedule 3 are payable in relation to approvals for the purpose of the poultry health scheme established under Council Directive 2009/158/EC and the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197).

The fees in regulation 7 and Schedule 4 are payable in relation to approvals for the purpose of obtaining bovine semen in accordance with the Bovine Semen (England) Regulations 2007 (S.I. 2007/1319), which are amended by regulation 7.

The fees in regulation 8 and Schedule 5 are payable in relation to approvals for the purpose of obtaining porcine semen in accordance with the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (S.I. 1964/1172) and the Artificial Insemination of Pigs (EEC) Regulations 1992 (S.I. 1992/3161).

The fees in regulation 9 and Schedule 6 are payable in relation to approvals for the purpose of collection, production and transfer of bovine embryos in accordance with the bovine Embryo (Collection, Production and Transfer) Regulations 1995 (S.I. 1995/2478).

The fees in regulation 10 and Schedule 7 are payable in relation to inspection of consignments of live animals at border inspection posts in accordance with the Trade in Animals and Related Products Regulations 2011.

These Regulations revoke existing fee instruments in relation to animal health (regulation 11).

The fee levels provided for in this instrument form part of a phased move towards full cost recovery of fees as explained in the Explanatory Memorandum. Some fees are substantially increased from existing fees because they have remained unchanged for many years. A detailed comparison of the existing and new fees is provided in an annex to the Explanatory Memorandum.

Full impact assessments of the effect that this instrument will have in relation to fees covered by this instrument are available on the www.gov.uk/defra website.

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