2018 No. 664
The Animal Health (Miscellaneous Fees) (England) Regulations 2018
Made
Laid before Parliament
Coming into force
The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973 F1, and so far as relating to regulations 6, 7 and 8 in exercise of the powers conferred by section 10(1) and (3)(c) of the Animal Health and Welfare Act 1984 F2 and now vested in the Secretary of State F3.
1984 c.40. See subsection (8) for the definition of “appropriate Minister”.
The functions of the former Minister of Agriculture, Fisheries and Food under section 10 were transferred to the Secretary of State by S.I. 2002/794.
Citation, extent, application and commencement1
1
These Regulations may be cited as the Animal Health (Miscellaneous Fees) (England) Regulations 2018.
2
These Regulations extend to England and Wales, but apply in relation to England only.
3
These Regulations come into force on 30th June 2018.
Interpretation2
In these Regulations—
“the 1964 Regulations” means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 F4;
“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992 F5;
“the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 F6;
“the 2007 Regulations” means the Bovine Semen (England) Regulations 2007 F7;
“the 2011 Regulations” means the Trade in Animals and Related Products Regulations 2011 F8;
“border inspection post” has the meaning given by regulation 11 of the 2011 Regulations;
“consignment” means a quantity of animals of the same species, covered by the same veterinary certificate or document;
“poultry health scheme” means the poultry health scheme established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs F9 and implemented by paragraph 4 of Schedule 2 to the 2011 Regulations;
“third country” means a country other than a member State;
“veterinary officer” means a veterinary surgeon employed as such by the Secretary of State;
“veterinary surgeon” means a person registered in the register of veterinary surgeons kept under the Veterinary Surgeons Act 1966 F10.
Refund of fees3
If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Secretary of State must refund to the applicant such proportion of any fee paid as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application.
Salmonella national control programmes (zoonoses): fees4
1
Schedule 1 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 established by or under 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 F11; and accordingly—
a
the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 in that Schedule 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 in that Schedule are specified in the corresponding entries in column 2 of that table;
c
the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 in that Schedule are specified in the corresponding entries in column 2 of that table.
2
Words and expressions used in schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.
Poultry health scheme: fees5
Schedule 2 sets out the fees payable for activities conducted by the Secretary of State in relation to the poultry health scheme; and accordingly—
a
the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 in that Schedule are specified in the corresponding entries in column 2 of that table;
b
the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 in that Schedule are specified in the corresponding entries in column 2 of that table.
Bovine semen: fees6
1
Schedule 3 sets out the fees payable for activities conducted by the Secretary of State under the 2007 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 of that table.
2
In regulation 41 of the 2007 Regulations, for “regulation 7(4) of the Animal Health (Miscellaneous Fees) Regulations 2013 F12” substitute “
regulation 6(1) of the Animal Health (Miscellaneous Fees) (England) Regulations 2018
”
.
3
Words and expressions used in schedule 3 have the same meanings as they have in the 2007 Regulations.
Porcine semen: fees7
Schedule 4 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 the 1964 Regulations or the 1992 Regulations; and accordingly the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 of that table.
Bovine embryo (collection, production and transfer): fees8
1
Schedule 5 set out the fees payable to the Secretary of State for activities in relation to an application for an approval or in relation to a holder of an approval under the 1995 Regulations; and accordingly the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 of that table.
2
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: fees9
Schedule 6 sets out the fees payable where inspections and checks of import documentation are carried out at border inspection posts of consignments of live animals from a third country in accordance with regulation 15 of the 2011 Regulations; and accordingly—
a
the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 in that Schedule are specified in the corresponding entries in column 2 of that table;
b
the fees payable in respect of inspection undertaken during a period specified in column 1 of Table 2 in that Schedule are specified in the corresponding entry in column 2 of that table, and are payable in addition to any fees payable by virtue of paragraph (a);
c
the fees payable in respect of an extra inspection and check of documentation due to non-compliance or additional control measures by a person specified in column 1 of Table 3 in that Schedule are specified in the corresponding entry in column 2 of that table, and are payable in addition to any fees payable by virtue of paragraph (a).
Revocation10
The Animal Health (Miscellaneous Fees) Regulations 2013 are revoked with the exception of regulations 1, 4, and 7(1) to (3) and Schedule 1.
We consent
SCHEDULE 1Salmonella National Control Programmes (Zoonoses): Fees
Column 1 | Column 2 |
|---|---|
Activity | Fee (£) |
Time spent in obtaining an official control sample for examination in a laboratory (in this table the “time fee”) (in addition to the fees specified below, unless otherwise specified in column 2) | 9 per quarter hour or part quarter hour spent |
Time spent by an animal health officer travelling to and from premises for the purpose of activities below | 14 per quarter hour or part quarter hour spent, up to a maximum of 84 |
Taking an official control sample from a chicken laying flock | 32 |
Taking an official control sample from a chicken or turkey breeding flock | 52 |
Taking an official control sample from a chicken broiler flock, or turkey fattening flock | 72 |
Examination of an official control sample in a laboratory | 14 per sample tested (time fee does not apply) |
Column 1 | Column 2 | |
|---|---|---|
Activity | Fee (£) | |
Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval | 73 | |
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | One test | 350 |
Two tests | 361 | |
Three tests | 372 | |
Four tests | 384 | |
Conducting collaborative testing for Salmonella as required to obtain and maintain approval as a testing laboratory | 34 per test | |
Column 1 | Column 2 |
|---|---|
Activity | Fee (£) |
Conducting tests on seven dust and faecal samples taken from each flock | 99 |
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from each flock | 2,470 |
Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock | 3,080 |
SCHEDULE 2Poultry health scheme: Fees
Column 1 | Column 2 |
|---|---|
Activity | Fee (£) |
Time spent by a veterinary officer carrying out the activities specified in this Table (in this table the “time fee”) (in addition to the fees specified below unless otherwise specified in column 2) | 16 per quarter hour or part quarter hour spent |
Time spent by a veterinary officer travelling to and from the premises of a poultry health scheme member (in this table a “scheme member”) for the purpose of activities below | 21 per quarter hour or part quarter hour spent, up to a maximum of 126 |
Annual registration as a scheme member | 55 (time fee does not apply) |
First year approval of scheme member's flock or hatchery, or combined flock and hatchery on one site, where the inspection is carried out by a veterinary officer | 27 |
Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site where inspection carried out by a veterinary officer | 56 |
Additional site re-approval of a scheme member's flock or hatchery where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary officer | 31 |
Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 54 (time fee does not apply) |
Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 29 (time fee does not apply) |
Column 1 | Column 2 |
|---|---|
Activity | Fee(£) |
Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval | 73 |
Proficiency test in respect of Salmonella bacteriology (pullorum, gallinarum and arizonae) | 131 per test |
Proficiency test in respect of Salmonella serology (pullorum, gallinarum) | 321 per test |
Proficiency test in respect of Mycoplasma chicken serology (gallisepticum) | 321 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
Column 1 | Column 2 |
|---|---|
Activity | Fee (£) |
Time spent by a veterinary officer carrying out the specified activities in this Table (in addition to each of the fees specified below) | 16 per quarter hour or part quarter hour spent |
Time spent by a veterinary officer travelling to and from premises for the purpose of activities specified below | 21 per quarter hour or part quarter hour spent, up to a maximum of 126 |
Considering an application for approval of a bovine animal under regulations 7 or 10 of the 2007 Regulations for use in domestic collection centre or at unlicensed premises | 20 |
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EC collection centre | 26 |
Considering an application for a licence to operate an EC quarantine centre under regulation 4 of the 2007 Regulations | 29 |
Considering an application for a licence to operate an EC or domestic collection centre, or EC or domestic storage centre under regulation 4 of the 2007 Regulations | 27 |
Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations | 17 |
Conducting a routine examination of an approved bovine animal for domestic or EC use under regulation 33 of the 2007 Regulations | 23 |
Note
Words and expressions used in this Schedule have the same meanings as in the 2007 Regulations.
SCHEDULE 4Porcine semen: Fees
Column 1 | Column 2 |
|---|---|
Activity | Fee (£) |
Time spent by a veterinary officer carrying out the activities specified in this Table (in addition to each of the fees specified below) | 16 per quarter hour or part quarter hour spent |
Time spent by a veterinary officer travelling to and from premises for the purpose of activities specified below | 21 per quarter hour or part quarter hour spent, up to a maximum of 126 |
Application for approval of a boar 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 | 31 per boar |
Routine testing of a boar | |
Routine testing of a boar at an artificial insemination centre1 | 23 per boar |
Operation of an artificial insemination centre1 | |
Considering an application from an operator for an artificial insemination centre licence or approval | 27 |
Considering an application for approval of an alteration to licensed or approved premises (in accordance with conditions attached to the licence) | 25 |
Routine examination of artificial insemination centre1 | 17 |
1 “artificial insemination centre” means premises in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or which have been approved under regulation 2(2) or (3) of the 1992 Regulations”. | |
SCHEDULE 5Bovine embryo (collection, production and transfer): fees
Column 1 | Column 2 |
|---|---|
Activity | Fee (£) |
Time spent by veterinary officer when carrying out the activities specified in this table (in addition to each of the fees specified below) | 16 per quarter hour or part quarter hour spent |
Time spent by a veterinary officer travelling to and from premises for the purpose of the activities specified below | 21 per quarter hour or part quarter hour spent, up to a maximum of 126 |
Considering an application for approval or re-approval of: - a bovine embryo transfer team; - a store under regulation 13 of the 1995 Regulations; - a store under regulation 16 of the 1995 Regulations; - a store and its supervisor under regulations 16 and 19, of the 1995 Regulations; or - a single bovine embryo collection or production team (with or without an inspection of a laboratory) | 28 |
Considering an application for approval of each additional laboratory or store from the same applicant where the inspection is completed on the same day | 9 |
Considering an application for re-approval of a laboratory or a store following any alterations | 25 |
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 | 17 |
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 | 4 for each additional team and laboratory or store |
SCHEDULE 6Checking consignments of live animals from third countries at border inspection posts: fees
Column 1 | Column 2 |
|---|---|
Inspection of type of animal and checking documents | Fee (£) per consignment |
Poultry and small game birds | 65 |
Poultry eggs | 38 |
Ratites | 65 |
Captive birds | 64 |
Live fish, aquatic animals and bees | 32 |
Rabbits and rodents | 29 |
Other insects, invertebrates, reptiles and amphibians | 26 |
Pets unaccompanied by a declaration | 57 |
Equidae | 62 |
Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar | 146 |
Animals not covered by any other category | 55 |
Transhipment check of documents | 52 |
Column 1 | Column 2 |
|---|---|
Period when inspection and check conducted | Fee (£) |
Out of hours1 inspection and check | 140 per load2 |
Inspection and check during a weekend or a public holiday3 | 185 per load2 |
Time spent by a veterinary officer travelling to and from premises | 16 per quarter hour or part quarter hour spent, up to a maximum of 64 |
1 “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday. | |
2 “load” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and which are presented by a person responsible for their importation for checking at the border inspection post at the same time. | |
3 “public holiday” means Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971. | |
Column 1 | Column 2 |
|---|---|
Person undertaking extra inspection and check | Fee (£) per quarter hour or part quarter hour spent |
Veterinary officer – out of hours1 | 17 |
Veterinary officer –at weekends or public holidays2 | 23 |
Veterinary officer – at all other times | 11 |
Time spent by a veterinary officer travelling to and from premises | 16, up to a maximum of 64 per visit |
1 “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday. | |
2 “public holiday” means Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971 F13. | |
1973 c.51; subsection (1) was amended by S.I. 2011/1043.