The Animal Health (Miscellaneous Fees) (Amendment and Revocation) (Wales) Order 2024

Made: 6 November 2024

Laid before Senedd Cymru: 8 November 2024

Coming into force: 1 December 2024

The Welsh Ministers, in exercise of the powers conferred by section 84(1) of the Animal Health Act 1981[^f00001], make the following Order.

Title, application and coming into force

1

• (1) The title of this Order is The Animal Health (Miscellaneous Fees) (Amendment and Revocation) (Wales) Order 2024.

• (2) It applies in relation to Wales and comes into force on 1 December 2024.

Amendments to the Animal Gatherings (Fees) (Wales) Order 2018

2

In the Animal Gatherings (Fees) (Wales) Order 2018[^f00002], for the Schedule substitute the Schedule contained in the Schedule to this Order.

Revocation

3

The Diseases of Animals (Fees for the Testing of Disinfectants) Order 1991[^f00003] is revoked in relation to Wales.

SCHEDULE

Signed

Huw Irranca-Davies — Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers — 6 November 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Animal Gatherings (Fees) (Wales) Order 2018 (S.I. 2018/645) (W. 119) (“the Animal Gatherings Order”). It increases fees payable to the Welsh Ministers under the Animal Gatherings Order for services provided by the Animal and Plant Health Agency.

It also revokes the Diseases of Animals (Fees for the Testing of Disinfectants) Order 1991 (S.I 1991/1168) (“the 1991 Order”) in relation to Wales.

Article 2 amends the Animal Gatherings Order to substitute a new Schedule providing for increased fees for the licensing of premises for animal gatherings. The new Schedule provides as follows.

• (a) Table 1 sets out fees payable for the licensing of premises for animal sales or collection centres that are not exempt under article 3(4) or (5) of the Animal Gatherings Order. Column 2 applies to applications received and renewals undertaken after 30 November 2024. The fees set out in column 2 represent the following percentage increases on the current fees (rounded to the nearest integer): 14% (rows 3, 4 and 5) and 13% (row 6).

• (b) Table 2 sets out fees payable for the licensing of premises for shows or exhibitions that are not exempt under article 3(4) or (5) of the Animal Gatherings Order. Column 2 applies to applications received and renewals undertaken after 30 November 2024. The fees set out in column 2 represent the following percentage increases on the current fees (rounded to the nearest integer): 20% (row 3), 14% (row 4), 20% (row 5), 92% (row 6) and 44% (row 7).

• (c) Table 3 sets out additional fees payable for the licensing of premises. Column 2 applies to veterinary visits undertaken after 30 November 2024. The fees set out in column 2 represent the following percentage increases on the current fees (rounded to the nearest integer): 14% (rows 3 and 4) and 9% (rows 5 and 6).

Article 3 revokes the 1991 Order which makes provision for fees payable for testing under legislation which is no longer in force.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 1981 c. 22. The term “the Ministers” is defined in section 86(1)(c). Functions conferred on “the Ministers” under the Act are, in so far as exercisable in relation to Wales, vested in the Welsh Ministers. All functions of a Minister of the Crown under section 84(1) of the Act were, so far as exercisable in relation to Wales by the Secretary of State for Wales, transferred to National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Any other functions of the Secretary of State for Scotland and the Secretary of State for Wales under section 84(1) of the Act were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). The Minister for Agriculture, Fisheries and Food’s functions under section 84(1) of the Act were later transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I.2002/794). These functions of the Secretary of State were, in so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) they were transferred to the Welsh Ministers. By virtue of paragraph 7 of Part 2 of Schedule 3 to the Government of Wales Act 2006, the functions of the Minister of the Crown are transferred free from the requirement for Treasury approval in section 84(1).

[^f00002]: S.I. 2018/645 (W. 119), amended by S.I. 2022/1156 (W. 239).

[^f00003]: S.I. 1991/1168, revoked in relation to England by S.I. 2005/379 and in relation to Scotland by S.S.I. 2023/143.