1.—(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.
2. In these Regulations—
“the 1964 Regulations” means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 F1;
“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992 F2;
“the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 F3;
“the 2007 Regulations” means the Bovine Semen (England) Regulations 2007 F4;
“the 2011 Regulations” means the Trade in Animals and Related Products Regulations 2011 F5;
“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 F6 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 F7.
Textual Amendments
F1S.I. 1964/1172, to which there are amendments not relevant to these Regulations.
F3S.I. 1995/2478, to which there is an amendment not relevant to these Regulations.
F4S.I. 2007/1319, amended by S.I. 2011/454 and 2013/1240.
F5S.I. 2011/1197, to which there are amendments not relevant to these Regulations.
F6OJ No L 343, 22.12.2009, p. 74, as last amended by Commission Implementing Decision No 2011/879/EU (OJ No L 345, 23.12.2011, p. 105).
3. If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Secretary of State must refund to the applicant such proportion of any fee paid as the Secretary of State thinks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.
4.—(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 F8; 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.
Textual Amendments
F8OJ No L 325, 12.12.2003, p.1, as last amended by Council Regulation (EU) No 517/2013 (OJ No L 158, 10. 06.2013, p.1).
5. 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.
6.—(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 F9” 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.
Textual Amendments
7. 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.
8.—(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.
9. 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).
10. The Animal Health (Miscellaneous Fees) Regulations 2013 are revoked with the exception of regulations 1, 4, and 7(1) to (3) and Schedule 1.
Gardiner of Kimble
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd May 2018
We consent
Andrew Stephenson
Rebecca Harris
Two of the Lords Commissioners of Her Majesty's Treasury
24th May 2018