The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013

Type Scottish-Statutory-Instrument
Publication 2013-05-15
Last updated 2018-06-30
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 15th May 2013

Laid before the Scottish Parliament: 17th May 2013

Coming into force: 24th June 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 , section 56(1) and (2) of the Finance Act 1973 , section 10(3)(c) of the Animal Health and Welfare Act 1984 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EC) No 2160/2003 , Council Directive 2009/158/EC and Commission Regulation (EU) Nos 200/2010 , 517/2011 and 200/2012 to be construed as references to those instruments as amended from time to time.

Citation, commencement and extent

1

Interpretation

2

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Refund of fees

3

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Salmonella: fees and amendments

4

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5

  • Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus, as amended from time to time;
  • Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No. 2160/2003 and Commission Regulation (EU) No. 200/2010, as amended from time to time;
  • Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No. 2160/2003 of the European Parliament and of the Council, as amended from time to time;

Poultry health scheme: fees

6

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Bovine semen: fees

7

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Porcine semen: fees

8

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Bovine embryo (collection, production and transfer): fees

9

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Checking consignments of live animals from third countries at border inspection posts: fees

10

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Agency arrangements

11

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Revocations

12

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SCHEDULE 1 — Salmonella National Control Programme (Zoonoses): Fees

Fees payable by the person in charge of a chicken or turkey holding from which an official control sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003 Fees payable by the person in charge of a chicken or turkey holding from which an official control sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003
Column 1 Activity Column 2 Fee (£)
Time spent in obtaining an official control sample for examination in a laboratory (in addition to fees specified below) 23 per half hour or part half hour spent
Taking an official control sample from a chicken laying flock 60
Taking an official control sample from a chicken breeding flock 96
Taking an official control sample from a chicken broiler flock 89
Taking an official control sample from a turkey fattening or breeding flock 87
Examination of an official control sample in a laboratory 15 per sample examined
Fees payable by the operator of a laboratory in relation to approval under Article 12 of Regulation (EC) No 2160/2003 Fees payable by the operator of a laboratory in relation to approval under Article 12 of Regulation (EC) No 2160/2003
--- ---
Column 1 Activity Column 2 Fee (£)
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval 43
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved one test
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved two tests
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved three tests
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved four tests
Conducting collaborative testing required to obtain and maintain approval as a testing laboratory For Salmonella
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 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 Activity Column 2 Fee (£)
Conducting tests on seven dust and faecal samples taken from each flock 15 per sample tested
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds in each flock 3,560
Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs of each flock 2,310

SCHEDULE 2 — Poultry health scheme: Fees

Fees for registration and approval of an establishment for the purposes of the poultry health scheme 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 of a scheme member's flock or hatchery 210
Approval for first year of a scheme member's combined flock and hatchery on one site where the inspection is carried out by a veterinary officer 233
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 officer 74 (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 officer 78 (time fee does not apply)
Annual re-approval of a scheme member's flock or hatchery, where the inspection is carried out by a veterinary officer 178
Annual re-approval of a scheme member's combined flock and hatchery on one site, where the inspection is carried out by a veterinary officer 183
Fees payable by the operator of a laboratory in relation to an approval for the purposes of the poultry health scheme Fees payable by the operator of a laboratory in relation to an approval for the purposes of the poultry health scheme
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Column 1 Activity Column 2 Fee (£)
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval 43
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 Mycoplasmaculture (gallisepticum and meleagridis) 281 per test
Proficiency test in respect of Mycoplasma turkey serology (gallisepticum and meleagridis) 336 per test

SCHEDULE 3 — Bovine semen: Fees

Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations
Column 1 Activity Column 2 Fee (£) Column 2 Fee (£) Column 2 Fee (£)
Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) veterinary officer 23 per half hour or part half hour spent 23 per half hour or part half hour spent
Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer 12 per half hour or part half hour spent 12 per half hour or part half hour spent
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in a domestic collection centre or at unlicensed premises, or an application under regulation 10 of the 2007 Regulations for approval of the use of a bovine animal for collection of its semen or for use as a teaser animal at unlicensed premises 38 38 38
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre Bovine animal aged 6 months or under Bovine animal aged 6 months or under 187
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre Bovine animal aged over 6 months and in a same sex group Bovine animal aged over 6 months and in a same sex group 187
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre Bovine animal aged over 6 months and in a mixed sex group Bovine animal aged over 6 months and in a mixed sex group 368
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU quarantine centre 114 114 114
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU collection centre 146 146 146
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU storage centre 63 63 63
Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations 14 14 14

SCHEDULE 4 — Porcine semen: fees

Fees payable in connection with activities for the purposes of the 1964 Regulations and the 1992 Regulations Fees payable in connection with activities for the purposes of the 1964 Regulations and the 1992 Regulations Fees payable in connection with activities for the purposes of the 1964 Regulations and the 1992 Regulations Fees payable in connection with activities for the purposes of the 1964 Regulations and the 1992 Regulations
Column 1 Activity Column 2 Fee (£) Column 2 Fee (£) Column 2 Fee (£)
1. 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 applicable veterinary officer 23 per half hour or part half hour spent 23 per half hour or part half hour spent
1. 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 applicable person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer 12 per half hour or part half hour spent 12 per half hour or part half hour spent
Application for approval of boars to provide semen for the purpose of artificial insemination Application for approval of boars to provide semen for the purpose of artificial insemination Application for approval of boars to provide semen for the purpose of artificial insemination Application for approval of boars to provide semen for the purpose of artificial insemination
2.
aConsidering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of permitted semen which will not be subject to intra-EU trade 92 92 92
bConsidering an application for the approval of each additional boar examined at the same time 19 (time fee does not apply) 19 (time fee does not apply) 19 (time fee does not apply)
Routine testing of boars Routine testing of boars Routine testing of boars Routine testing of boars
3. Routine testing of boars at an artificial insemination centre from which semen is not subject to intra-EU trade up to a maximum of 10 boars up to a maximum of 10 boars 140
3. Routine testing of boars at an artificial insemination centre from which semen is not subject to intra-EU trade each additional boar tested on the premises each additional boar tested on the premises 19
Operation of an artificial insemination centre Operation of an artificial insemination centre Operation of an artificial insemination centre Operation of an artificial insemination centre
4.
aConsidering an application from an operator for an artificial insemination centre licence or approval 29 29 29
bConsidering an application for approval of an alteration to licensed premises (in accordance with conditions attached to the licence) 29 29 29
cRoutine examination of an artificial insemination centre 9 9 9

SCHEDULE 5 — Bovine embryo (collection, production and transfer): fees

Fees payable in connection with activities for the purposes of the 1995 Regulations[^f00021] Fees payable in connection with activities for the purposes of the 1995 Regulations[^f00021]
Column 1 Activity Column 2 Fee (£)
Time spent when carrying out inspections (in addition to the basic fees listed in this Table where the relevant facilities, premises or records require inspection) 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 laboratory 131
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 approval 86
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 approval 27
Considering an application for approval of: 60
a bovine embryo transfer team; or a store under regulation 13 of the 1995 Regulations; a store under regulation 16 of the 1995 Regulations; or a store and its supervisor under regulations 16 and 19 of the 1995 Regulations,
Considering an application for re-approval of a laboratory or a store following any alterations 71
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 70
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 41 for each additional team and laboratory or store
Considering an application for approval of a bovine embryo collection team or production team with no inspection of a laboratory 168

SCHEDULE 6 — Checking 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 13 of the Trade in Animals and Related Products (Scotland) Regulations 2012 Fees for inspecting consignments of animals from third countries and checking importation documentation at border inspection posts in accordance with regulation 13 of the Trade in Animals and Related Products (Scotland) Regulations 2012
Column 1 Inspection of type of animal and checking documents Column 2 Fee (£) per consignment
Poultry, ratites and small game birds 44
Live fish, aquatic animals and reptiles 40
Rabbits and rodents 44
Captive birds 44
Bees, other insects and invertebrates 40
Pets unaccompanied 44
Equidae 54
Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar 54
Animals not covered by any other category 44
Transhipment check of documents 44

SCHEDULE 7

Column 1 Reference Column 2 Title Column 3 Extent of revocation
S.I. 1995/2479 The Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 The whole Regulations
S.I. 1997/639 The Animals (Third Country Imports) (Charges) Regulations 1997 The whole Regulations
S.S.I. 2007/330 The Bovine Semen (Scotland) Regulations 2007 Regulations 41 and 42
S.S.I. 2007/421 The Porcine Semen (Fees) (Scotland) Regulations 2007 The whole Regulations
S.S.I. 2009/230 The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009 The whole Regulations
S.S.I. 2009/416 The Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2009 The whole Regulations
S.S.I. 2010/88 The Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2010 The whole Regulations
S.S.I. 2011/171 The Animal By-Products (Enforcement) (Scotland) Regulations 2011 Schedule 2, paragraphs 48 to 50
S.S.I. 2012/176 The Poultry Health Scheme (Fees) (Scotland) Regulations 2012 The whole Regulations

Signed

RICHARD LOCHHEAD — A member of the Scottish Government — 2013-05-15

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. The powers in section 2(2) are exercised in relation to regulations 5 and 11 of this instrument. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act, and amended by the 2008 Act, Schedule, Part 1.

[^f00002]: 1973 c.51. The powers in section 56 are exercised in relation to regulation 4 and Schedule 1, regulation 6 and Schedule 2, and regulation 10 and Schedule 6 of this instrument. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act. Section 56(1) of the Finance Act 1973 was amended by S.I. 2011/1043.

[^f00003]: 1984 c.40. The power in section 10(3)(c) is exercised in relation to regulation 7 and Schedule 3, regulation 8 and Schedule 4 and regulation 9 and Schedule 5 of this instrument. See section 10(8) for the definition of “appropriate Minister”. The functions, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act.

[^f00004]: OJ L 325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ L 281, 28.10.2011, p.7).

[^f00005]: OJ L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

[^f00006]: OJ L 61, 11.3.2010, p.1, amended by Commission Regulation (EU) No 517/2011 (OJ No L 138, 26.6.2011, p.45).

[^f00007]: OJ L 138, 26.5.2011, p.45.

[^f00008]: OJ L 71, 9.3.2012, p.31.

[^f00009]: 1966 c.36.

[^f00010]: There are Salmonella National Control Programmes for egg layers, breeders, 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.

[^f00011]: S.S.I. 2009/229 to which there is an amendment not relevant to these Regulations..

[^f00012]: See paragraph 3 of Part 1 of Schedule 2 to the Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177).

[^f00013]: S.S.I. 2007/330 to which there is an amendment not relevant to these Regulations.

[^f00014]: S.I. 1964/1171 as disapplied by S.I. 1992/3161.

[^f00015]: S.I. 1992/3161.

[^f00016]: S.I. 1995/2478 to which there is an amendment not relevant to these Regulations.

[^f00017]: S.S.I. 2012/177, as amended by S.S.I. 2012/198.

[^f00018]: The 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 L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision 2012/762/EU (OJ L 336, 8.12.2012, p.94) and is periodically reviewed and amendments made.

[^f00019]: S.I. 1964/1171 as disapplied by S.I. 1992/3161.

[^f00020]: S.I. 1992/3161.

[^f00021]: S.I. 1995/2478, to which there is an amendment not relevant to these regulations.

[^f00022]: S.S.I. 2012/177, as amended by S.S.I. 2012/198.

Poultry health scheme: fees

Bovine semen: fees

Porcine semen: fees

Bovine embryo (collection, production and transfer): fees

Checking consignments of live animals from third countries at border inspection posts: fees

Agency arrangements

Revocations

Editorial notes

[^c21790321]: 1972 c.68. The powers in section 2(2) are exercised in relation to regulations 5 and 11 of this instrument. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act, and amended by the 2008 Act, Schedule, Part 1.

[^c21790331]: 1973 c.51. The powers in section 56 are exercised in relation to regulation 4 and Schedule 1, regulation 6 and Schedule 2, and regulation 10 and Schedule 6 of this instrument. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act. Section 56(1) of the Finance Act 1973 was amended by S.I. 2011/1043.

[^c21790341]: 1984 c.40. The power in section 10(3)(c) is exercised in relation to regulation 7 and Schedule 3, regulation 8 and Schedule 4 and regulation 9 and Schedule 5 of this instrument. See section 10(8) for the definition of “appropriate Minister”. The functions, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act.

[^c21790351]: OJ L 325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ L 281, 28.10.2011, p.7).

[^c21790361]: OJ L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

[^c21790371]: OJ L 61, 11.3.2010, p.1, amended by Commission Regulation (EU) No 517/2011 (OJ No L 138, 26.6.2011, p.45).

[^c21790381]: OJ L 138, 26.5.2011, p.45.

[^c21790391]: OJ L 71, 9.3.2012, p.31.

[^c21790421]: S.S.I. 2009/229 to which there is an amendment not relevant to these Regulations..

[^key-63ea64e8de8e5d08e245aec1540d894a]: Regulations revoked (except regs. 1, 5) (30.6.2018) by The Animal Health (Miscellaneous Fees) (Scotland) Regulations 2018 (S.S.I. 2018/177), regs. 1(1), 10

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