# 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

F82.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

## Refund of feesE+W

F83.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

## 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

F85.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

## Poultry health scheme: feesE+W

F86.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

## Bovine semen: feesE+W

7.—(1) The Bovine Semen (England) Regulations 2007 F10 (“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.

F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

F10S.I. 2007/1319, to which there are amendments not relevant to these regulations.

## Porcine semen: feesE+W

F88.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

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

F89.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

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

F810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

## RevocationsE+W

F811.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F8Regulations revoked (except regs. 1, 4, 7(1)-(3) and Sch. 1) (30.6.2018) by The Animal Health (Miscellaneous Fees) (England) Regulations 2018 (S.I. 2018/664), regs. 1(3), **10**

David Heath

 Minister of State

 Department for Environment, Food and Rural Affairs

We consent

Mark Lancaster

Robert Goodwill

 Two of the Lords Commissioners of Her Majesty's Treasury

 Regulation 4(6)

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

 Regulation 3

### “SCHEDULEU.K.FEES

 Regulation 5

## F8SCHEDULE 2E+WSalmonella national control programme (zoonoses): Fees

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

 Regulation 6

## F8SCHEDULE 3E+WPoultry health scheme: Fees

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

 Regulation 7(4)

## F8SCHEDULE 4E+WBovine semen: Fees

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

 Regulation 8

## F8SCHEDULE 5E+WPorcine semen: Fees

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

 Regulation 9

## F8SCHEDULE 6E+WBovine embryo (collection, production and transfer): fees

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

 Regulation 10

## F8SCHEDULE 7E+WChecking consignments of live animals from third countries at border inspection posts: fees

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

## 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.