The Animal By-Products and Pet Passport Fees (England) Regulations 2018

Made: 24th May 2018

Laid before Parliament: 1st June 2018

Coming into force: 30th June 2018

The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973[^f00001].

Citation and commencement

1

These Regulations may be cited as the Animal By-Products and Pet Passport Fees (England) Regulations 2018 and come into force on 30th June 2018.

Refund of fees

2

• (1) This regulation applies where an application for which a fee is payable under these Regulations is withdrawn before being determined.

• (2) The Secretary of State must refund such proportion of the 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.

Animal by-products and derived products: fees

3

• (1) The fees payable to the Secretary of State for applications in connection with approval activities under Article 24 and 44 of the EU Control Regulation are to be determined in accordance with Table 1 of the Schedule.

• (2) The fees payable to the Secretary of State in connection with inspection activities under Article 20 of the Official Controls Regulation are to be determined in accordance with Table 2 of the Schedule.

• (3) Expressions used in the Schedule have the same meaning as in the EU Control Regulation.

• (4) In this regulation and in the Schedule—

• “approval” includes a conditional approval under Article 44(2) of the EU Control Regulation;

• “EU Control Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption[^f00002];

• “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 products;

• “veterinary officer” means a veterinary surgeon employed by the Secretary of State.

Pet passports: fees

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE — Animal by-products and derived products: fees

Signed

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

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the introduction of fees payable for services provided by the Animal and Plant Health Agency, an executive agency of the Department for Environment, Food and Rural Affairs.

The fees provided for by regulation 3, and set out in the Schedule, are payable by operators of establishments and plants that are required to be approved by the Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products.

These new fees are set at 50% of the full cost recovery of fees incurred by the Secretary of State on applications received on or before 30th June 2019, and then set at 100% of the full cost recovery thereafter.

The fees in regulation 4 are new fees payable in respect of the delivery of pet animal passports to authorised veterinarians for the purpose of the issuing of a pet passport to enable a dog, cat or ferret to travel abroad with their owner.

An impact assessment has not been produced for this instrument as no negative impact on the costs of the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1973 c.51.

[^f00002]: OJ No L 300, 14.11.2009, p 1. There are amendments not relevant to these Regulations.

Editorial notes

[^key-824f21aa08c8ee0f90088e1019b2d09d]: Reg. 1 in force at 30.6.2018, see reg. 1

[^key-f83da33e85941ff7db454ad33bb51779]: Reg. 3 in force at 30.6.2018, see reg. 1

[^key-15b5102bd8e3673afe0903da7d4d6742]: Reg. 2 in force at 30.6.2018, see reg. 1

[^key-1b9567842adcebfe79ef571c8b2f386c]: Words in Sch. Table 1 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(a)

[^key-d5f2a8a84984d5c170bf2ee79cb8e4a1]: Words in Sch. Table 2 heading substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(b)(i)

[^key-bda8af036df8697f20eefb2f9f431348]: Words in Sch. Table 2 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(b)(ii)

[^key-05eaa9a1996e068683c93b18aab2aaa2]: Words in Sch. Table 2 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(b)(iii)

[^key-7b99f48dce4c8411af2af782a135495f]: Words in reg. 3(2) substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(2)(a)

[^key-655e5d532d37a1da138e64df1661aa42]: Words in reg. 3(4) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(2)(b)

[^key-55a16884bd442f8e1ba73731f75fceb6]: Reg. 4 omitted (1.7.2023) by virtue of The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(3)