2023 No. 714

Animals, EnglandAnimal Health

The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023

Made

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 7(2) of Schedule 4 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 20181 (“the 2018 Act”), and section 10 of the Animal Health and Welfare Act 1984 (“the 1984 Act”)2.

In accordance with paragraph 10 of Schedule 4 to the 2018 Act, regulations 2 and 3(1) to (7) and (11) (and, so far as it relates to those regulations, regulation 1) are made with the consent of the Treasury.

In accordance with section 10(3)(c) of the 1984 Act, regulation 3(3) and (8) to (10) (and, so far as it relates to that regulation, regulation 1) are made with the approval of the Treasury.

In accordance with paragraph 12(1) of Schedule 7 to the 2018 Act, a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament.

Citation, commencement, extent and interpretation1

1

These Regulations may be cited as the Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 and come into force on 1st July 2023.

2

These Regulations extend to England and Wales.

3

In these Regulations, a reference to the numbered position of a row in a table is a reference to its position not counting the row containing the column headings of that table.

Amendment of the Animal By-Products and Pet Passport Fees (England) Regulations 20182

1

The Animal By-Products and Pet Passport Fees (England) Regulations 20183 are amended as follows.

2

In regulation 3—

a

in paragraph (2) for “Article 45” substitute “Article 20 of the Official Controls Regulation”;

b

in paragraph (4) after the definition of “EU Control Regulation” insert—

  • Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products4;

3

Omit regulation 4.

4

In the Schedule—

a

in Table 1, for the second and third columns substitute—

Fee (£) for applications received on or after 1st July 2023 but before 1st July 2024

Fee (£) for applications received on or after 1st July 2024

22 per quarter hour or part quarter hour spent up to a maximum of 132

22 per quarter hour or part quarter hour spent up to a maximum of 132

12 per quarter hour or part quarter hour spent up to a maximum of 72

12 per quarter hour or part quarter hour spent up to a maximum of 72

2,134.50

2484

1,147

1,343

1,147

1,343

586

687

586

687

476

557

476

557

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

21 per invoice

21 per invoice

b

in Table 2—

i

in the table heading, for “Article 45 of the EU Control Regulation” substitute “Article 20 of the Official Controls Regulation”;

ii

in the first column, for “EU Control Regulation” in each place it occurs substitute “Official Controls Regulation”;

iii

for the second and third columns substitute—

Fee (£) for inspection site visits undertaken on or after 1st July 2023 but before 1st July 2024

Fee (£) for inspection site visits undertaken on or after 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

188 per visit

219 per visit

752 per year

876 per year

2,256 per year

2,628 per year

Amendment of the Animal Health (Miscellaneous Fees) (England) Regulations 20183

1

The Animal Health (Miscellaneous Fees) (England) Regulations 20185 are amended as follows.

2

In regulation 2—

a

for “border inspection post” substitute “border control post”;

b

for the definition of “poultry health scheme” substitute—

  • poultry health scheme” means the scheme established by the Secretary of State governing the export or movement of birds or hatching eggs to the EU, Northern Ireland or specified non-EU countries, published on 22nd July 20216;

3

After regulation 2 insert—

Fees payable where an activity is carried out over a period during which different fees apply2A

If any activity for which a fee is payable under these Regulations is carried out over a period during which different fees apply, the fee payable in relation to that activity is—

a

where the activity is carried out as part of an application, the fee that applied on the date the application is received;

b

otherwise, the fee that applied on the date the activity is commenced.

4

In regulations 4(1)(a), (b) and (c), 5(a), 6(1), 7 and 8(1) after “column 2”, insert “or column 3”.

5

In regulation 9, and in the heading to that regulation, for “border inspection posts” substitute “border control posts”.

6

In Schedule 1—

a

in Table 1—

i

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

12 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent up to a maximum of 72

41

68

95

18 per sample tested (time fee does not apply)

ii

after Column 2 insert—

Column 3

Fee (£) on or after 1st July 2024

12 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent, up to a maximum of 72

49

83

117

21 per sample tested (time fee does not apply)

b

in Table 2—

i

in Column 1 in the second row—

aa

for “and” substitute “for”;

bb

omit the words from “based upon” to the end;

ii

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

86

688 per visit

44 per test

iii

after Column 2 insert—

Column 3

Fee (£) on or after 1 July 2024

86

1,025 per visit

44 per test

c

in Table 3—

i

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

123

3,203

3,517

ii

after Column 2 insert —

Column 3

Fee (£) on or after 1st July 2024

146

3,936

3,954

7

In Schedule 2—

a

in Table 1—

i

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

82 (time fee does not apply)

49

62

35

61 (time fee does not apply)

34 (time fee does not apply)

ii

after Column 2 insert—

Column 3

Fee (£) on or after 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

108 (time fee does not apply)

71

67

39

67 (time fee does not apply)

39 (time fee does not apply)

b

in Table 2, for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023

86

158 per test

310 per test

310 per test

280 per test

310 per test

8

In the Table in Schedule 3—

a

in Column 1—

i

in the fourth row for “an EC collection centre” substitute “a licensed collection centre”;

ii

in the fifth row for “an EC quarantine centre” substitute “a licensed quarantine centre”;

iii

in the sixth row—

aa

for “an EC” substitute “a licensed collection centre”;

bb

for “or EC” substitute “or a licensed storage centre”;

iv

in the eighth row for “for domestic or EC use” substitute “for domestic use or for use for trade with a member State”.

b

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

27

35

39

37

23

31

c

after Column 2 insert—

Column 3

Fee (£) on or after 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

33

44

48

46

28

38

9

In Schedule 4, in the Table—

a

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

42 per boar

31 per boar

37

34

23

b

after Column 2 insert—

Column 3

Fee (£) on or after 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

53 per boar

38 per boar

46

42

28

10

In Schedule 5, in the Table—

a

in the third row of Column 1—

i

after the words “a bovine embryo transfer team” insert “under regulation 4 of the 1995 Regulations;”;

ii

omit “a store under regulation 13 of the 1995 Regulations;”;

iii

after the words “(with or without an inspection of a laboratory)” insert “under regulation 6 or 7 of the 1995 Regulations;”;

b

for Column 2 substitute—

Column 2

Fee (£) on or after 1st July 2023 but before 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent up to a maximum of 132

38

13

34

23

6 for each additional team and laboratory or store

c

after Column 2 insert—

Column 3

Fee (£) on or after 1st July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

47

16

42

28

7 for each additional team and laboratory or store

11

In Schedule 6—

a

in the heading to that Schedule and in the heading to Table 1, for “border inspection posts” substitute “border control posts”;

b

for Table 1 substitute—

Column 1

Inspection of type of animal and checking documents

Column 2

Fees (£) per consignment on or after 1st July 2023

Poultry and small game birds

53

Poultry – eggs

53

Ratites

53

Captive birds

61

Live fish, aquatic animals and amphibians

48

Bees

40

Rabbits and rodents

44

Other insects and invertebrates

40

Reptiles

48

Pets unaccompanied by a declaration

63

Equidae

79

Farmed livestock, including cattle, sheep, goats, camelids, pigs and wild boar

190

Animals not covered by any other category

50

Documentary checks for onward travel

79

c

in Table 2, for Column 2 substitute—

Column 2 Fee (£) on or after 1st July 2023

261 per load

346 per load

16 per quarter hour or part quarter hour spent, up to a maximum of 96

d

in Table 3, for Column 2 substitute—

Column 2 Fee per quarter hour or part quarter hour spent on or after 1st July 2023

21

28

14

16, up to a maximum of 96

BenyonMinister of StateDepartment for Environment, Food and Rural Affairs

We consent

Steve DoubleAndrew StephensonTwo of the Lords Commissioners of His Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Animal By-Products and Pet Passport Fees (England) Regulations 2018 (S.I. 2018/666) (“the Animal By-Products Regulations”) and the Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664) (“the Animal Health Regulations”) (together, “the 2018 Regulations”). The amendments modify the fees payable to the Secretary of State under the 2018 Regulations for services provided in the field of animal health by the Animal and Plant Health Agency, an executive agency of the Department for Environment, Food and Rural Affairs so as to reflect full cost recovery of those services.

Regulation 2(3) amends the Animal By-Products Regulations to revoke the fees payable to the Secretary of State for services carried out in relation to pet passport identification documents.

Regulation 2(4) amends the Animal By-Products Regulations to modify the fees payable to the Secretary of State for services carried out in relation to animal by-products. The fees, where increased, are increased by the medium average uplift of 41% from the current fees in two steps: the first increase applies on or after 1st July 2023, the second increase applies on or after 1st July 2024.

Regulation 3(6) amends the Animal Health Regulations to modify the fees payable to the Secretary of State for services carried out in relation to salmonella controls. The fees, where increased, are increased by the medium average uplift of 53% from the current fees in two steps: the first increase applies on or after 1st July 2023, the second increase applies on or after 1st July 2024.

Regulation 3(7) amends the Animal Health Regulations to modify the fees payable to the Secretary of State for services carried out in relation to the poultry health scheme. The fees are increased by the medium average uplift of 21% from the current fees. Regulation 3(6)(a) increases certain poultry health scheme fees in two steps: the first increase applies on or after 1st July 2023, the second increase applies on or after 1st July 2024. Regulation 3(6)(b) increases the remainder of the specified poultry health scheme fees in a single step, the increase applies on or after 1st July 2023.

Regulations 3(8) to (10) amend the Animal Health Regulations to modify the fees payable to the Secretary of State for services carried out in relation to artificial breeding controls. The fees are increased by the medium average uplift of 65% from the current fees in two steps: the first increase applies on or after 1st July 2023, the second increase applies on or after 1st July 2024.

Regulation 3(11) amends the Animal Health Regulations to modify the fees payable to the Secretary of State for services carried out in relation to border control posts. The fees are increased by the medium average uplift of 34% from the current fees in a single step, the increase applies on or after 1st July 2023.

These Regulations also make minor and consequential amendments to the 2018 Regulations.

Further detail as to the fee increases is contained in the Explanatory Memorandum published at www.legislation.gov.uk alongside this instrument.

A full impact assessment has not been produced for these regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.