2023 No. 714
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
We consent
(This note is not part of the Regulations)