LegalizeThe Animal Health (Miscellaneous Fees) (Wales) Regulations 2018
Made: 22 May 2018
Laid before the National Assembly for Wales: 30 May 2018
Coming into force: 30 June 2018
The Welsh Ministers are designated , for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 (“the 1972 Act”) in relation to the common agricultural policy of the European Union.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in these Regulations to be construed as references to those instruments as amended from time to time.
The Welsh Ministers make these Regulations in exercise of the powers conferred by—section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act ;section 56(1) and (2) of the Finance Act 1973 and now vested in them ; andsection 10(1) and (3)(c) of the Animal Health and Welfare Act 1984 .
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act ;
section 56(1) and (2) of the Finance Act 1973 and now vested in them ; and
section 10(1) and (3)(c) of the Animal Health and Welfare Act 1984 .
In accordance with section 56(1) of the Finance Act 1973, the Treasury consents to the making of these Regulations.
Title, application and commencement
1
The title of these Regulations is the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018. They apply in relation to Wales, and come into force on 30 June 2018.
Interpretation
2
In these Regulations—
- “the 1964 Regulations” (“Rheoliadau 1964”) means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 ;
- “the 1992 Regulations” (“Rheoliadau 1992”) means the Artificial Insemination of Pigs (EEC) Regulations 1992 ;
- “the 1995 Regulations” (“Rheoliadau 1995”) means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 ;
- “the 2008 Regulations” (“Rheoliadau 2008”) means the Bovine Semen (Wales) Regulations 2008 ;
- “the 2011 Regulations” (“Rheoliadau 2011”) means the Trade in Animals and Related Products (Wales) Regulations 2011 ;
- “border control post” (“safle rheoli ar y ffin”) has the meaning given by regulation 11 of the 2011 Regulations;
- “consignment” (“llwyth”) means a quantity of animals of the same species, covered by the same veterinary certificate or document;
- “poultry health scheme” (“cynllun iechyd dofednod”) 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 22 July 2021;
- “third country” (“trydedd wlad”) means a country or territory other than the British Islands;
- “veterinary officer” (“swyddog milfeddygol”) means a veterinary surgeon employed as such by the Welsh Ministers; and
- “veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966 .
Refund of fees
3
If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Welsh Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the Welsh Ministers think reasonable, having regard to any reasonable costs incurred by the Welsh Ministers in connection with the application.
Salmonella national control programmes (zoonoses): fees
4
- (1) Schedule 1 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the control of Salmonella in accordance with the relevant ... control programme established by or under 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 .
- (2) In Schedule 1—
- (a) the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 or column 3 of that Table;
- (b) the fees payable by the operator of a laboratory for the activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 or column 3 of that Table; and
- (c) the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 are specified in the corresponding entries in column 2 or column 3 of that Table.
- (3) Words and expressions used in Schedule 1 have the same meaning as in Regulation (EC) No 2160/2003.
Poultry health scheme: fees
5
- (1) Schedule 2 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the poultry health scheme .
- (2) In Schedule 2—
- (a) the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 or column 3 of that Table; and
- (b) the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table.
Bovine semen: fees
6
- (1) The 2008 Regulations are amended in accordance with paragraph (2).
- (2) For regulation 41 substitute—
(41) The fees payable to the Welsh Ministers are as provided by regulation 6(3) of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018.
- (3) Schedule 3 sets out the fees payable for activities conducted by the Welsh Ministers under the 2008 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 or column 3 of that Table.
- (4) Words and expressions used in Schedule 3 have the same meaning as in the 2008 Regulations.
Porcine semen: fees
7
- (1) Schedule 4 sets out the fees payable to the Welsh Ministers in connection with the issue of licences or approvals and tests and examinations carried out under the 1964 Regulations or the 1992 Regulations.
- (2) In Schedule 4 the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 or column 3 of that Table.
- (3) In Schedule 4 “artificial insemination centre” means premises—
- (a) in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or
- (b) which have been approved under regulation 2(2) or (3) of the 1992 Regulations.
Bovine embryo (collection, production and transfer): fees
8
- (1) Schedule 5 sets out the fees payable to the Welsh Ministers for activities in relation to an application for an approval or a holder of an approval under the 1995 Regulations.
- (2) In Schedule 5 the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 or column 3 of that Table.
- (3) Words and expressions used in Schedule 5 have the same meaning as in the 1995 Regulations.
Checking consignments of live animals at border inspection posts: fees
9
- (1) Schedule 6 sets out the fees payable where inspections are carried out at border control posts of consignments of live animals from a third country in accordance with regulation 15 of the 2011 Regulations.
- (2) In Schedule 6—
- (a) the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 are specified in the corresponding entry in column 2 of that Table;
- (b) the fees payable in respect of inspections undertaken during a period specified in column 1 of Table 2 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a);
- (c) the fees payable in respect of extra checks due to non-compliance or additional control measures by a person specified in column 1 of Table 3 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a).
Revocation
10
The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013 are revoked, with the exception of regulations 1, 4 and 7(1) to (3).
SCHEDULE 1 — Salmonella ... control programmes (zoonoses): Fees
| Colofn 1Gweithgaredd | Colofn 2Ffi (£) ar 5 Gorffennaf 2023 neu ar ôl hynny ond cyn 1 Gorffennaf 2024 | Colofn 3Ffi (£) ar 1 Gorffennaf 2024 neu ar ôl hynny |
|---|---|---|
| Amser a dreuliwyd yn cael sampl reoli swyddogol i’w harchwilio mewnlabordy (y “ffi amser” yn y Tabl hwn) (yn ogystal â’r ffioedd a bennir isod oni phennir fel arall yng ngholofn 2) | 12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd | 12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd |
| Amser a dreuliwyd yn teithio i fangre ac o fangre at ddibenion y gweithgareddau isod | 12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd, hyd at uchafswm o 72 | 12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd, hyd at uchafswm o 72 |
| Cymryd sampl reoli swyddogol o haid o ieir dodwy | 41 | 49 |
| Cymryd sampl rheoli swyddogol o haid o ieir neu dyrcwn bridio | 68 | 83 |
| Cymryd sampl reoli swyddogol o haid o ieir bwyta (brwyliaid) neu haid o dyrcwn pesgi | 95 | 117 |
| Archwilio sampl reoli swyddogol mewn labordy | 18 am bob sampl a brofwyd (nid yw’r ffi amser yn gymwys) | 21 am bob sampl a brofwyd (nid yw’r ffi amser yn gymwys) |
| Column 1 | Column 2 | Column 3 |
| --- | --- | --- |
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval | 86 | 86 |
| Conducting inspections for quality assurance | 688 per visit | 1,025 per visit |
| Conducting collaborative testing for Salmonella as required to obtain and maintain approval as a testing laboratory | 44 per test | 44 per test |
| Column 1 | Column 2 | Column 3 |
| --- | --- | --- |
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Conducting tests on seven dust and faecal samples taken from each flock | 123 | 146 |
| Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from each flock | 3,203 | 3,936 |
| Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock | 3,517 | 3,954 |
SCHEDULE 2 — Poultry health scheme: Fees
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Time spent by a veterinary officer carrying out the activities in this Table (in this Table the “time fee”) (in addition to the fees listed below unless otherwise specified in column 2) | 22 per quarter hour or part quarter hour spent | 22 per quarter hour or part quarter hour spent |
| Time spent by a veterinary officer travelling to and from the premises of a poultry health scheme member (in this Table a “scheme member”) for the purpose of activities below | 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 |
| Annual registration as a scheme member | 82 (time fee does not apply) | 108 (time fee does not apply) |
| First year approval of scheme member's flock or hatchery, or combined flock and hatchery on one site, where inspection is carried out by a veterinary officer | 49 | 71 |
| Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where inspection carried out by a veterinary officer | 62 | 67 |
| Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary officer | 35 | 39 |
| Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 61 (time fee does not apply) | 67 (time fee does not apply) |
| Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 34 (time fee does not apply) | 39 (time fee does not apply) |
| Column 1 | Column 2 | |
| --- | --- | |
| Activity | Fee (£) on or after 5 July 2023 | |
| Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval | 86 | |
| Proficiency test in respect ofSalmonella bacteriology (pullorum, gallinarum and arizonae) | 158 per test | |
| Proficiency test in respect ofSalmonella serology (pullorum, gallinarum) | 310 per test | |
| Proficiency test in respect ofMycoplasma chicken serology (gallisepticum) | 310 per test | |
| Proficiency test in respect ofMycoplasma culture (gallisepticum and meleagridis) | 280 per test | |
| Proficiency test in respect ofMycoplasma turkey serology (gallisepticum and meleagridis) | 310 per test |
SCHEDULE 3 — Bovine semen: Fees
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Time spent by a veterinary officer carrying out the activities in this Table (in addition to each of the fees listed below) | 22 per quarter hour or part quarter hour spent | 22 per quarter hour or part quarter hour spent |
| Time spent by a veterinary officer travelling to and from premises for the purpose of activities below | 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 |
| Considering an application for approval of a bovine animal under regulations 7 or 10 of the 2008 Regulations for use in domestic collection centre or at unlicensed premises | 27 | 33 |
| Considering an application under regulation 7 of the 2008 Regulations for approval of a bovine animal for use in a licensed collection centre | 35 | 44 |
| Considering an application for a licence to operate a licensed quarantine centre under regulation 4 of the 2008 Regulations | 39 | 48 |
| Considering an application for a licence to operate a licensed collection centre or domestic collection centre, or a licensed storage centre or domestic storage centre under regulation 4 of the 2008 Regulations | 37 | 46 |
| Conducting an examination of a bovine semen centre under regulation 40 of the 2008 Regulations | 23 | 28 |
| Conducting a routine examination of an approved bovine animal for domestic use or for use for trade with a member State under regulation 33 of the 2008 Regulations | 31 | 38 |
SCHEDULE 4 — Porcine semen: Fees
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