# The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013

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Scottish Statutory Instruments

# 2013 No. 151

Animals

Animal Health

# The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013

Made

15th May 2013

Laid before the Scottish Parliament

17th May 2013

Coming into force

24th June 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph                           1A of Schedule 2 to, the European Communities Act 1972 F1, section 56(1) and (2) of the Finance Act 1973 F2, section 10(3)(c) of the Animal Health and Welfare Act 1984 F3 and all other powers enabling them to do so.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears                           to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EC) No 2160/2003F4, Council Directive 2009/158/ECF5 and Commission Regulation (EU) Nos 200/2010 F6, 517/2011 F7 and 200/2012 F8 to be construed as references to those instruments as amended from time to time.                        

F11972 c.68. The powers in section 2(2) are exercised in relation to regulations 5 and 11 of this instrument. Section 2(2) was amended                              by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved                              competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2                              was inserted by section 28 of the 2006 Act, and amended by the 2008 Act, Schedule, Part 1.

F21973 c.51. The powers in section 56 are exercised in relation to regulation 4 and Schedule 1, regulation 6 and Schedule 2, and regulation                              10 and Schedule 6 of this instrument. The reference to a Government department in section 56(1) is to be read as a reference                              to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue                              of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act. Section 56(1) of the Finance                              Act 1973 was amended by S.I. 2011/1043.

F31984 c.40. The power in section 10(3)(c) is exercised in relation to regulation 7 and Schedule 3, regulation 8 and Schedule 4 and regulation                              9 and Schedule 5 of this instrument. See section 10(8) for the definition of “appropriate Minister”. The functions, so far                              as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of that Act.

F4OJ L 325, 12.12.2003, p.1 as last amended by Commission Regulation (EU) No 1086/2011 (OJ L 281, 28.10.2011, p.7).

F5OJ L 343, 22.12.2009, p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

F6OJ L 61, 11.3.2010, p.1, amended by Commission Regulation (EU) No 517/2011 (OJ No L 138, 26.6.2011, p.45).

F7OJ L 138, 26.5.2011, p.45.

F8OJ L 71, 9.3.2012, p.31.

## Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 and extend                     to Scotland only.                  

(2) They come into force on 24th June 2013.

## InterpretationS

2.  In these Regulations—                  

“Council Directive 2009/158/EC” means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching                     eggs, as amended from time to time;                  

“Regulation (EC) No 2160/2003” means 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,                     as amended from time to time;                  

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

“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the                     Veterinary Surgeons Act 1966 F9.                  

F91966 c.36.

## Refund of feesS

3.  If any application for which a fee is payable under these Regulations is withdrawn before its determination, the Scottish                     Ministers may refund to the applicant such proportion of any fee paid in respect of that application as Ministers think fit,                     having regard to any reasonable costs incurred by them in connection with the application.                  

## Salmonella: fees and amendmentsS

4.—(1) This regulation and Schedule 1 set out the fees payable to the Scottish Ministers on demand for activities conducted by the                     Scottish Ministers 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.                  

(2) In Schedule 1—

(a)the fees payable by the person in charge of a chicken or turkey 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.                  

(3) Words and expressions used in Schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.                  

F10There are Salmonella National Control Programmes for egg layers, breeders, 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.

## 

5.—(1) The Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 F11 is amended as follows.                  

(2) In article 2 (interpretation)—

(a)omit the definitions of “Commission Regulation (EC) No. 1003/2005”, “Commission Regulation (EC) No. 1168/2006” and “Commission Regulation (EC) No. 646/2007”; and                  

(b)after the definition of “Commission Regulation (EC) No. 1177/2006” insert—                  

““Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of *Salmonella* serotypes in adult breeding flocks of *Gallus gallus*, as amended from time to time;                  

“Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain *Salmonella* serotypes in laying hens of *Gallus gallus* and amending Regulation (EC) No. 2160/2003 and Commission Regulation (EU) No. 200/2010, as amended from time to time;                  

“Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of *Salmonella enteritidis* and *Salmonella typhimurium* in flocks of broilers, as provided for in Regulation (EC) No. 2160/2003 of the European Parliament and of the Council, as amended from time to time;”.                  

(3) In articles 3(b) (competent authority), 8(1) (sampling) and 9(1) (submission of samples to an approved laboratory), for “Commission                     Regulation (EC) No. 1003/2005” substitute “ Commission Regulation (EU) No 200/2010 ”.                  

(4) In articles 3(c), 8(2) and 9(1), for “Commission Regulation (EC) No. 1168/2006” substitute “ Commission Regulation (EU) No 517/2011 ”.                  

(5) In articles 3(e), 8(3) and 9(1), for “Commission Regulation (EC) No. 646/2007” substitute “ Commission Regulation (EU) No 200/2012 ”.                  

(6) In article 12(2) (duties of the person in charge of a laboratory), for “paragraph 3 of the Annex to Regulation (EC) No. 646/2007” substitute “ point 3 of the Annex to Commission Regulation (EU) No 200/2012 ”.                  

F11S.S.I. 2009/229 to which there is an amendment not relevant to these Regulations..

## Poultry health scheme: feesS

6.—(1) This regulation and Schedule 2 set out the fees payable to the Scottish Ministers on demand for activities conducted by the                     Scottish 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 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.                  

(3) In this regulation and Schedule 2—

“poultry health scheme” means the scheme for—                     

the approval of establishments and laboratories; and

the annual inspection of approved establishments,

for the purposes of Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/ECF12.                     

F12See paragraph 3 of Part 1 of Schedule 2 to the Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177).

## Bovine semen: feesS

7.—(1) This regulation and Schedule 3 set out the fees payable to the Scottish Ministers on demand by applicants and operators for                     activities conducted by the Scottish Ministers under the 2007 Regulations.                  

(2) In Schedule 3, the fees payable by applicants and operators for activities specified in column 1 of the Table are specified                     in the corresponding entries in column 2 of that Table.                  

(3) In this regulation and Schedule 3, “the 2007 Regulations” means the Bovine Semen (Scotland) Regulations 2007 F13.                  

(4) Words and expressions used in Schedule 3 have the same meanings as they have in the 2007 Regulations.

F13S.S.I. 2007/330 to which there is an amendment not relevant to these Regulations.

## Porcine semen: feesS

8.—(1) This regulation and Schedule 4 set out the fees payable to the Scottish Ministers on demand in connection with the issue of                     licences or approvals and tests or examinations carried out under—                  

(a)the 1964 Regulations; or                  

(b)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 4 are specified in the corresponding entries in column 2 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 are approved under regulation 2(2) or (3) of the 1992 Regulations.                  

(4) In this regulation and Schedule 4—

“the 1964 Regulations” means the Artificial Insemination of Pigs (Scotland) Regulations 1964 F14; and                  

“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992 F15.                  

F14S.I. 1964/1171 as disapplied by S.I. 1992/3161.

F15S.I. 1992/3161.

## Bovine embryo (collection, production and transfer): feesS

9.—(1) This regulation and Schedule 5 set out the fees payable to the Scottish Ministers on demand for activities conducted by the                     Scottish Ministers 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 activities specified                     in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.                  

(3) In this regulation and Schedule 5, “the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 F16.                  

(4) Words and expressions used in Schedule 5 have the same meanings as they have in the 1995 Regulations.

F16S.I. 1995/2478 to which there is an amendment not relevant to these Regulations.

## Checking consignments of live animals from third countries at border inspection posts: feesS

10.—(1) The fees specified in this regulation and Schedule 6 are payable to the Scottish Ministers on demand where an inspection of                     a consignment of live animals from a third country is carried out at a border inspection post in accordance with regulation                     13 (procedure on importation) of the Trade in Animals and Related Products (Scotland) Regulations 2012 F17.                  

(2) The fees payable in respect of the inspection of a consignment of live animals of a type specified in column 1 of the Table                     in Schedule 6 are specified in the corresponding entries in column 2 of that Table.                  

(3) Paragraph (4) applies where the inspection is undertaken (whether in whole or in part)—

(a)during a weekend;                  

(b)after 1700 hours but before 0830 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 6.                  

(5) In this regulation and Schedule 6—

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

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

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

“public holiday” means New Year's Day, 2nd January, Good Friday, the first Monday in May, the first Monday in August, Christmas Day and Boxing                     Day; and                  

“third country” means a country other than a member State.                  

F17S.S.I. 2012/177, as amended by S.S.I. 2012/198.

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 L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision                              2012/762/EU (OJ L 336, 8.12.2012, p.94) and is periodically reviewed and amendments made.

## Agency arrangementsS

11.—(1) The Scottish Ministers may arrange, with the agreement of the Secretary of State, for any of their functions of requiring                     payment of any fees under these Regulations to be exercised on their behalf by the Secretary of State.                  

(2) An arrangement under this regulation must be in writing and be signed by, or on behalf of, the Scottish Ministers and the                     Secretary of State and such an arrangement may be subject to such conditions (including conditions as to financial arrangements)                     as may be agreed from time to time.                  

## RevocationsS

12.  The Regulations specified in column 2 of Schedule 7 are revoked to the extent specified in the corresponding entry in column                     3 of that Schedule.                  

RICHARD LOCHHEAD

 A member of the Scottish Government

 St Andrew's House,

 Edinburgh

15th May 2013

 Regulation 4

## SCHEDULE 1SSalmonella National Control Programme (Zoonoses): Fees

### Table 1

### Table 2

### Table 3

 Regulation 6

## SCHEDULE 2SPoultry health scheme: Fees

### Table 1

### Table 2

 Regulation 7

## SCHEDULE 3SBovine semen: Fees

 Regulation 8

## SCHEDULE 4SPorcine semen: fees

F19S.I. 1964/1171 as disapplied by S.I. 1992/3161.

F20S.I. 1992/3161.

 Regulation 9

## SCHEDULE 5SBovine embryo (collection, production and transfer): fees

F21S.I. 1995/2478, to which there is an amendment not relevant to these regulations.

 Regulation 10

## SCHEDULE 6SChecking consignments of live animals from third countries at border inspection posts: fees

F22S.S.I. 2012/177, as amended by S.S.I. 2012/198.

 Regulation 12

## SCHEDULE 7S

## Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision to consolidate and increase fees payable to the Scottish Ministers in the field of animal                        health. The powers in section 2(2) of the European Communities Act 1972 are exercised in relation to regulation 5 and 11 of                        these Regulations.                     

Regulation 4 and Schedule 1 set out the fees payable in relation to activities required under Regulation (EC) No 2160/2003 and in accordance with Salmonella National Control Programmes for poultry.                     

Regulation 5 amends the Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 to update                        references to relevant EU instruments.                     

Regulation 6 and Schedule 2 set out the fees payable in relation to approvals for the purpose of the poultry health scheme                        established under Council Directive 2009/158/EC, which is partially transposed by the Trade in Animals and Related Products (Scotland) Regulations 2012, Schedule 2, Part                        1, paragraph 3.                     

Regulation 7 and Schedule 3 set out the fees payable in relation to approvals for the purpose of obtaining bovine semen in                        accordance with the Bovine Semen (Scotland) Regulations 2007.                     

Regulation 8 and Schedule 4 set out the fees payable in relation to licences and approvals for the purpose of obtaining porcine                        semen in accordance with the Artificial Insemination of Pigs (Scotland) Regulations 1964 and the Artificial Insemination of                        Pigs (EEC) Regulations 1992.                     

Regulation 9 and Schedule 5 set out the fees payable in relation to approvals for the purpose of the collection, production                        and transfer of bovine embryos in accordance with the Bovine Embryo (Collection, Production and Transfer) Regulations 1995.                     

Regulation 10 and Schedule 6 set out the fees payable in relation to inspections of consignments of live animals at border                        inspection posts in accordance with the Trade in Animals and Related Products (Scotland) Regulations 2012.                     

Regulation 11 enables the Scottish Ministers to enter into agency arrangements with the Secretary of State in respect of any                        of their functions under these Regulations of requiring payment of fees.                     

Regulation 12 and Schedule 7 revoke the Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995, the Animals                        (Third Country Imports) (Charges) Regulations 1997, the Porcine Semen (Fees) (Scotland) Regulations 2007, the Zoonoses and                        Animal By-Products (Fees) (Scotland) Regulations 2009, the Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations                        2009, the Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2010, the Poultry Health Scheme (Fees) (Scotland)                        Regulations 2012, and particular fees provisions of the Bovine Semen (Scotland) Regulations 2007 and the Animal By-Products                        (Enforcement) (Scotland) Regulations 2011.                     

The fees set out in this instrument form part of a phased move towards full cost recovery, as explained in the Policy Note.                        Some fees are substantially increased from existing fees. A detailed comparison of the existing and new fees is provided in                        an annex to the Policy Note.                     

A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies                        can be obtained from the Scottish Government Directorate for Agriculture, Food and Rural Communities, Animal Health and Welfare                        Division, Saughton House, Broomhouse Drive, Edinburgh EH11 3XG.