# The Animal Health (Miscellaneous Fees) Regulations 2013

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U.K.

Statutory Instruments

# 2013 No. 1240

Animals

Animal Health

# The 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 F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 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 F3 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 F4.                        

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                           F5, 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 F6, 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 F7, to be construed as a reference to that Regulation or that Directive as amended from time to time.                        

F1S.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).

F21972 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).

F31973 c.51. Subsection (6) of section 56 was repealed by the Statute Law (Repeals) Act 1977 (c.18).

F41984 c.40.

F5OJ 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).

F6OJ 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).

F7OJ 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).

## Title, extent, application and commencementE+W

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.

## InterpretationE+W

2.—(1) In these Regulations—                  

“veterinary officer” means a veterinary surgeon employed as such by the Secretary of State; and                  

“veterinary surgeon” means a person registered in the register of veterinary surgeons kept under the Veterinary Surgeons Act 1966 F8.                  

(2) In these Regulations, a reference to—

(a)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,                  

(b)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                  

(c)Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching                        eggs,                  

is to be construed as a reference to that instrument as amended from time to time.

F81966 c.36.

## Refund of feesE+W

3.  If any application for which a fee is payable under or by virtue of these Regulations is withdrawn before determination 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.                  

## Control of trade in endangered species: feesU.K.

4.—(1) The Control of Trade in Endangered Species (Fees) Regulations 2009 F9 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—

### “Fee for the issue of additional permits or certificates

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.

F9S.I. 2009/496.

## Salmonella national control programmes (zoonoses): feesE+W

5.—(1) Schedule 2 sets out the fees payable for activities conducted by the Secretary of State in relation to the control of *Salmonella* in accordance with the relevant National Control Programme F10 established by or under Regulation (EC) No 2160/2003 of the European Parliament and of the Council F11.                  

(2) In Schedule 2—

(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 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 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 of that Table.                  

F10There 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.

F11OJ 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).

## Poultry health scheme: feesE+W

6.  The following fees are specified in Schedule 3 for activities conducted by the Secretary of State in relation to the poultry                     health scheme F12 established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC and implemented by paragraph 4 of Schedule 2 to the Trade in Animals and Related Products Regulations 2011 F13—                  

(a)Table 1 sets out the fees payable by applicants for approval and registration activities specified in column 1 of that Table                        are specified in the corresponding entries in column 2 of that Table; and                  

(b)Table 2 sets out the fees payable by the operator of a laboratory for activities specified in column 1 of that Table are specified                        in the corresponding entries in column 2 of that Table.                  

F12The 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.

F13S.I. 2011/1197.

## Bovine semen: feesE+W

7.—(1) The Bovine Semen (England) Regulations 2007 F14 (“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) The fees specified in column 2 of Schedule 4 to these Regulations are payable for the activities specified in column 1 of                     that Schedule and words and expressions used in that Schedule and the 2007 Regulations have the same meanings as in the 2007                     Regulations.                  

F14S.I. 2007/1319, to which there are amendments not relevant to these regulations.

## Porcine semen: feesE+W

8.—(1) Schedule 5 sets out the fees payable to the Secretary of State in connection with the issue of licences or approvals and tests                     and examinations carried out under—                  

(a)the Artificial Insemination of Pigs (England and Wales) Regulations 1964 F15 (“the 1964 Regulations”); or                  

(b)the Artificial Insemination of Pigs (EEC) Regulations 1992 F16 (“the 1992 Regulations”).                  

(2) The fees payable by the applicant or holder of the licence or approval for activities specified in column 1 of the Table in                     Schedule 5 are specified in the corresponding entries in column 2 of that Table.                  

(3) In Schedule 5 “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.                  

F15S.I. 1964/1172, to which there are amendments not relevant to these Regulations.

F16S.I. 1992/3161.

## Bovine embryo (collection, production and transfer): feesE+W

9.—(1) This regulation and Schedule 6 set out the fees payable to the Secretary of State for activities in relation to an application                     for an approval or a holder of an approval under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995                     F17 (“the 1995 Regulations”).                  

(2) In Schedule 6, the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for activities specified                     in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.                  

F17S.I. 1995/2478, to which there is an amendment not relevant to these regulations.

## Checking consignments of live animals at border inspection posts: feesE+W

10.—(1) The fees specified in this regulation and Schedule 7 are payable where inspections are carried out at border inspection posts                     of consignments of live animals from a third country in accordance with regulation 15 (procedure on importation) of the Trade                     in Animals and Related Products Regulations 2011.                  

(2) The fees payable in respect of the inspection of a consignment of live animals specified in column 1 of the Table in Schedule                     7 are specified in the corresponding entry in column 2 of that Table.                  

(3) Paragraph (4) applies where the inspection of any live animal at a border inspection post is undertaken (whether in whole                     or in part)—                  

(a)during a weekend;                  

(b)after 17.00 hours but before 08.30 hours on a weekday; or                  

(c)during a public holiday.                  

(4) Where this paragraph applies, a fee of £80 is payable for every load subject to inspection (in addition to any fee payable                     under Schedule 7).                  

(5) In this regulation and Schedule 7—

(a)“border inspection post” means a port or airport approved as such by the European Commission F18;                  

(b)“consignment” means a quantity of animals of the same species, covered by the same veterinary certificate or document;                  

(c)“load” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport                        and presented by a person responsible for their importation for checking at the border inspection post at the same time;                  

(d)“public holiday” means Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971 F19; and                  

(e)“third country” means a country other than a member State.                  

F18The 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).

F191971 c.80.

## RevocationsE+W

11.  The following are revoked—                  

(a)the Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 F20;                  

(b)the Animals (Third Country Imports) (Charges) Regulations 1997 F21;                  

(c)the Porcine Semen (Fees) (England) Regulations 2007 F22;                  

(d)the Zoonoses and Animal By-Products (Fees) (England) Regulations 2010 F23; and                  

(e)the Poultry Health Scheme (Fees) Regulations 2011 F24.                  

F20S.I. 1995/2479.

F21S.I. 1997/639.

F22S.I. 2007/2586.

F23S.I. 2010/1668.

F24S.I. 2011/1194.

David Heath

 Minister of State

 Department for Environment, Food and Rural Affairs

14th May 2013

We consent

Mark Lancaster

Robert Goodwill

 Two of the Lords Commissioners of Her Majesty's Treasury

20th May 2013

 Regulation 4(6)

## SCHEDULE 1U.K.Control of trade in endangered species: fees

 Regulation 3

### “SCHEDULEU.K.FEES

 Regulation 5

## SCHEDULE 2E+WSalmonella national control programme (zoonoses): Fees

### Table 1

### Table 2

### Table 3

 Regulation 6

## SCHEDULE 3E+WPoultry health scheme: Fees

### Table 1

### Table 2

 Regulation 7(4)

## SCHEDULE 4E+WBovine semen: Fees

 Regulation 8

## SCHEDULE 5E+WPorcine semen: Fees

 Regulation 9

## SCHEDULE 6E+WBovine embryo (collection, production and transfer): fees

 Regulation 10

## SCHEDULE 7E+WChecking consignments of live animals from third countries at border inspection posts: fees

F25S.I. 2011/1197.

## Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for consolidation and increase of fees payable to the Secretary of State in the field of                        animal health into one statutory instrument. The fees are collected by the Animal Health and Veterinary Laboratories Agency                        (AHVLA), an executive agency of the Department for Environment, Food and Rural Affairs.                     

The Control of Trade in Endangered Species (Fees) Regulations 2009 (S.I. 2009/496) is amended by regulation 4. The fees in regulation 4 and Schedule 1 are payable in relation to certificates and                        permits issued under Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora. Regulation 4 extends to the whole of the United Kingdom; the other                        provisions of the instrument apply only in England.                     

The fees in regulation 5 and Schedule 2 are payable in relation to activities required under Regulation (EC) No 2160/2003 and in accordance with Salmonella National Control Programmes for poultry.                     

The fees in regulation 6 and Schedule 3 are payable in relation to approvals for the purpose of the poultry health scheme                        established under Council Directive 2009/158/EC and the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197).                     

The fees in regulation 7 and Schedule 4 are payable in relation to approvals for the purpose of obtaining bovine semen in                        accordance with the Bovine Semen (England) Regulations 2007 (S.I. 2007/1319), which are amended by regulation 7.                     

The fees in regulation 8 and Schedule 5 are payable in relation to approvals for the purpose of obtaining porcine semen in                        accordance with the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (S.I. 1964/1172) and the Artificial                        Insemination of Pigs (EEC) Regulations 1992 (S.I. 1992/3161).                     

The fees in regulation 9 and Schedule 6 are payable in relation to approvals for the purpose of collection, production and                        transfer of bovine embryos in accordance with the bovine Embryo (Collection, Production and Transfer) Regulations 1995 (S.I.                        1995/2478).                     

The fees in regulation 10 and Schedule 7 are payable in relation to inspection of consignments of live animals at border inspection                        posts in accordance with the Trade in Animals and Related Products Regulations 2011.                     

These Regulations revoke existing fee instruments in relation to animal health (regulation 11).

The fee levels provided for in this instrument form part of a phased move towards full cost recovery of fees as explained                        in the Explanatory Memorandum. Some fees are substantially increased from existing fees because they have remained unchanged                        for many years. A detailed comparison of the existing and new fees is provided in an annex to the Explanatory Memorandum.                     

Full impact assessments of the effect that this instrument will have in relation to fees covered by this instrument are available                        on the www.gov.uk/defra website.