LegalizeThe Animal Health (Miscellaneous Fees) Regulations 2013
Made: 20th May 2013
Laid before Parliament: 31st May 2013
Coming into force: 24th June 2013
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.
The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 as read with paragraph 1A of Schedule 2 to the European Communities Act 1972, and so far as relating to regulations 7, 8 and 9 in exercise of the powers conferred by section 10(3)(c) of the Animal Health and Welfare Act 1984 .
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to 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 , Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species , or Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs , to be construed as a reference to that Regulation or that Directive as amended from time to time.
Title, extent, application and commencement
1
- (1) These Regulations may be cited as the Animal Health (Miscellaneous Fees) Regulations 2013.
- (2) Regulation 4 extends to England and Wales, Scotland and Northern Ireland.
- (3) Subject to paragraph (2) these Regulations extend to England and Wales, but apply in relation to England only.
- (4) These Regulations come into force on 24th June 2013.
Interpretation
2
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Refund of fees
3
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Control of trade in endangered species: fees
4
- (1) The Control of Trade in Endangered Species (Fees) Regulations 2009 are amended as follows.
- (2) In regulation 3—
- (a) for paragraph (1) substitute—
(1) Except where regulation 4 applies, a person who wishes to obtain a permit, certificate or registration specified in an entry in column 1 of the Schedule must pay the fee specified corresponding to that entry in column 2 (for animals) or column 3 (for plants) as the case may be.
- (b) in paragraph (2) for “regulation 4(2)” substitute “ regulation 4 ”; and
- (c) after paragraph (2) insert—
(3) If any application for which a fee is payable under these Regulations is withdrawn before consideration of the application, the Secretary of State must refund to the applicant such proportion of any fee paid in respect of that application as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application.
- (3) For regulation 4 substitute—
(4) Where a single application covers more than one specimen and the issue of more than one permit or certificate is required, a fee of £1.50 is payable by the applicant for each additional permit or certificate issued.
- (4) In regulation 5(2)(b) for “4(2)” substitute “ 4 ”.
- (5) In regulation 6(8) for “18, 19, 29 or 63” substitute “ 18, 19 or 29 ”.
- (6) For the Schedule substitute the Schedule (fees) set out in Schedule 1 to these Regulations.
Salmonella national control programmes (zoonoses): fees
5
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Poultry health scheme: fees
6
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Bovine semen: fees
7
- (1) The Bovine Semen (England) Regulations 2007 (“the 2007 Regulations”) are amended in accordance with paragraphs (2) and (3).
- (2) For regulation 41 substitute—
(41) The fees payable to the Secretary of State are as provided by regulation 7(4) of the Animal Health (Miscellaneous Fees) Regulations 2013.
- (3) Omit regulation 42.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 at border inspection posts: fees
10
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Revocations
11
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SCHEDULE 1 — Control of trade in endangered species: fees
SCHEDULE 2 — Salmonella national control programme (zoonoses): Fees
| Fees payable by the person in charge of chicken or turkey holding from which an official samples is taken, processed and examined | Fees payable by the person in charge of chicken or turkey holding from which an official samples is taken, processed and examined |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent in obtaining an official control sample for examination in a laboratory (in addition to the 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 and breeding flocks | 87 |
| Examination of an official control samples in a laboratory | 15 per sample examined |
| Fees payable by the operator of a laboratory | Fees payable by the operator of a laboratory |
| --- | --- |
| 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 for Salmonella as required to obtain and maintain approval as a testing laboratory | 37 per test |
| 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 from each flock | 3,560 |
| Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock | 2,310 |
SCHEDULE 3 — 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 approval of scheme member’s flock or hatchery | 210 |
| Approval for first year approval 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 inspection carried out by a veterinary officer | 178 |
| Annual re-approval of a scheme member’s combined flock and hatchery on one site, where inspection carried out by a veterinary officer | 183 |
| Fees payable by the operator of a laboratory in relation to approval for the purpose of the poultry health scheme | Fees payable by the operator of a laboratory in relation to approval for the purpose of the poultry health scheme |
| --- | --- |
| 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 ofSalmonella bacteriology (pullorum, gallinarum and arizonae) | 131 per test |
| Proficiency test in respect ofSalmonella serology (pullorum, gallinarum) | 336 per test |
| Proficiency test in respect ofMycoplasma chicken serology (gallisepticum) | 336 per test |
| Proficiency test in respect ofMycoplasma culture (gallisepticum and meleagridis) | 281 per test |
| Proficiency test in respect ofMycoplasma turkey serology (gallisepticum and meleagridis) | 336 per test |
SCHEDULE 4 — Bovine semen: Fees
| Fees payable by applicants and operators under the Bovine Semen (England) Regulations 2007 (“the 2007 Regulations”) | Fees payable by applicants and operators under the Bovine Semen (England) Regulations 2007 (“the 2007 Regulations”) | Fees payable by applicants and operators under the Bovine Semen (England) Regulations 2007 (“the 2007 Regulations”) |
|---|---|---|
| Column 1 Activity | 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) | officer who is not a veterinary officer | 12 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) | veterinary officer | 23 per half hour or part half hour spent |
| Considering an application for approval under regulations 7 and 10 of the 2007 Regulations for use in domestic collection centre or at unlicensed premises | 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 | 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 the 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 | 368 |
| Considering an application for a licence to operate an EU quarantine centre under regulation 4 of the 2007 Regulations | 114 | 114 |
| Considering an application for a licence to operate an EU collection centre under regulation 4 of the 2007 Regulations | 146 | 146 |
| Considering an application for a licence to operate an EU storage centre under regulation 4 of the 2007 Regulations | 63 | 63 |
| Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations | 14 | 14 |
SCHEDULE 5 — Porcine semen: Fees
| Fees payable under the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (“the 1964 Regulations”) and the Artificial Insemination of Pigs (EEC) Regulations 1992 | Fees payable under the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (“the 1964 Regulations”) and the Artificial Insemination of Pigs (EEC) Regulations 1992 | Fees payable under the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (“the 1964 Regulations”) and the Artificial Insemination of Pigs (EEC) Regulations 1992 |
|---|---|---|
| Column 1 Activity | 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 (in this Table the “time fee”) unless specified in column 2 that this time fee is not applicable | officer who is not a veterinary officer | 12 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 (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 |
| 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 |
| 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 which will not be subject to intra-EU trade | 92 | 92 |
| Considering 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) |
| Routine testing of boars | Routine testing of boars | Routine testing of boars |
| Compulsory routine testing of boars in accordance with Annex B, Chapter II, paragraph 1 of Council Directive 90/429/EEC on an artificial insemination centre from which semen may be subject to intra-EU trade | up to a maximum of 10 boars | 201 |
| Compulsory routine testing of boars in accordance with Annex B, Chapter II, paragraph 1 of Council Directive 90/429/EEC on an artificial insemination centre from which semen may be subject to intra-EU trade | each additional boar tested on the premises | 26 |
| Routine testing of boars on an artificial insemination centre from which semen is not subject to intra-EU trade | up to a maximum of 10 boars | 140 |
| Routine testing of boars on an artificial insemination centre from which semen is not subject to intra-EU trade | 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 |
| Considering an application from an operator for an artificial insemination centre licence or approval | 29 | 29 |
| Considering an application for approval of an alteration to licensed premises (in accordance with conditions attached to the licence) | 29 | 29 |
| Routine examination of artificial insemination centre | 9 | 9 |
SCHEDULE 6 — Bovine embryo (collection, production and transfer): fees
| Fees payable under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (“the 1995 Regulations”) | Fees payable under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (“the 1995 Regulations”) |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent by veterinary officer when carrying out inspections and checks (in addition to the basic fees listed in this Table where the relevant facilities or premises require inspection or records require checking) | 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: a bovine embryo transfer team; or a store under regulation 13; a store under regulation 16; or a store and its supervisor under regulations 16 and 19, of the 1995 Regulations | 60 |
| 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 or production team with no inspection of a laboratory | 168 |
SCHEDULE 7 — 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 15 of the Trade in Animals and Related Products Regulations 2011 | Fees for inspecting consignments of animals from third countries and checking importation documentation at border inspection posts in accordance with regulation 15 of the Trade in Animals and Related Products Regulations 2011 |
|---|---|
| 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 |
Signed
David Heath — Minister of State — 2013-05-14
We consent
Mark Lancaster — Robert Goodwill — Two of the Lords Commissioners of Her Majesty's Treasury — 2013-05-20
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: S.I. 1972/1811. The function of the former Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
[^f00002]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule. The power of the Secretary of State to make Regulations that extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (c.46). The power of the Secretary of State to make Regulations that extend to Northern Ireland remains exercisable by virtue of article 2(3) of the European Communities (Designation) (No 2) Order 1999 (S.I. 1999/2027) and article 2(a) of the European Communities (Designation) Order 2008 (S.I. 2008/301). The power of the Secretary of State to make Regulations in relation to Wales remains exercisable by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32).
[^f00003]: 1973 c.51. Subsection (6) of section 56 was repealed by the Statute Law (Repeals) Act 1977 (c.18).
[^f00004]: 1984 c.40.
[^f00005]: OJ No L325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ No L 281, 28.10.2011, p.7).
[^f00006]: OJ No L 224, 18.8.1990, p. 62 as last amended by Commission Implementing Regulation (EU) 176/2012 (OJ No L 61 2.3.2012 p.1).
[^f00007]: OJ No. L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ No. L 343, 12.12.2011 p. 105).
[^f00008]: 1966 c.36.
[^f00009]: S.I. 2009/496.
[^f00010]: There are salmonella national control programmes for laying chickens producing eggs for human consumption, breeding chickens, 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]: OJ No L 325, 12.12.2003, p.1, as last amended by Commission Regulation (EU) No 1086/2011 (OJ No L 281, 28.10.2011, p.7).
[^f00012]: The poultry health scheme offers a system of registration and approval enabling establishments to verify compliance with EU legislation so that they are then eligible to export over 20 chicks or hatching eggs to other EU Member States. Additionally it provides for proficiency tests to be carried out on the laboratories that test samples on behalf of poultry health scheme members.
[^f00013]: S.I. 2011/1197.
[^f00014]: S.I. 2007/1319, to which there are amendments not relevant to these regulations.
[^f00015]: S.I. 1964/1172, to which there are amendments not relevant to these Regulations.
[^f00016]: S.I. 1992/3161.
[^f00017]: S.I. 1995/2478, to which there is an amendment not relevant to these regulations.
[^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 No L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision 2012/762/EU (OJ No L 336, 8.12.2012, p.94).
[^f00019]: 1971 c.80.
[^f00020]: S.I. 1995/2479.
[^f00021]: S.I. 1997/639.
[^f00022]: S.I. 2007/2586.
[^f00023]: S.I. 2010/1668.
[^f00024]: S.I. 2011/1194.
[^f00025]: S.I. 2011/1197.
Editorial notes
[^c21804231]: S.I. 1972/1811. The function of the former Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
[^c21804241]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule. The power of the Secretary of State to make Regulations that extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (c.46). The power of the Secretary of State to make Regulations that extend to Northern Ireland remains exercisable by virtue of article 2(3) of the European Communities (Designation) (No 2) Order 1999 (S.I. 1999/2027) and article 2(a) of the European Communities (Designation) Order 2008 (S.I. 2008/301). The power of the Secretary of State to make Regulations in relation to Wales remains exercisable by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32).
[^c21804251]: 1973 c.51. Subsection (6) of section 56 was repealed by the Statute Law (Repeals) Act 1977 (c.18).
[^c21804261]: 1984 c.40.
[^c21804271]: OJ No L325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ No L 281, 28.10.2011, p.7).
[^c21804281]: OJ No L 224, 18.8.1990, p. 62 as last amended by Commission Implementing Regulation (EU) 176/2012 (OJ No L 61 2.3.2012 p.1).
[^c21804291]: OJ No. L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ No. L 343, 12.12.2011 p. 105).
[^c21804311]: S.I. 2009/496.
[^c21804361]: S.I. 2007/1319, to which there are amendments not relevant to these regulations.
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