uksi/2018/664 — The Animal Health (Miscellaneous Fees) (England) Regulations 2018

2018 No. 664 Animals, England Animal Health The Animal Health (Miscellaneous Fees) (England) Regulations 2018 Made 24th May 2018 Laid before Parliament 1st June 2018 Coming into force 30th June 2018 The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973 , and so far as relating to regulations 6, 7 and 8 in exercise of the powers conferred by section 10(1) and (3)(c) of the Animal Health and Welfare Act 1984 and now vested in the Secretary of State . Citation, extent, application and commencement 1 1 These Regulations may be cited as the Animal Health (Miscellaneous Fees) (England) Regulations 2018. 2 These Regulations extend to England and Wales, but apply in relation to England only. 3 These Regulations come into force on 30th June 2018. Interpretation 2 In these Regulations— “ the 1964 Regulations ” means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 ; “ the 1992 Regulations ” means the Artificial Insemination of Pigs (EEC) Regulations 1992 ; “ the 1995 Regulations ” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 ; “ the 2007 Regulations ” means the Bovine Semen (England) Regulations 2007 ; “ the 2011 Regulations ” means the Trade in Animals and Related Products Regulations 2011 ; “ border control post ” has the meaning given by regulation 11 of the 2011 Regulations; “ consignment ” means a quantity of animals of the same species, covered by the same veterinary certificate or document; “ poultry health scheme ” 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 22nd July 2021; “ third country ” means a country or territory other than the British Islands; “ veterinary officer ” means a veterinary surgeon employed as such by the Secretary of State; “ veterinary surgeon ” means a person registered in the register of veterinary surgeons kept under the Veterinary Surgeons Act 1966 . Fees payable where an activity is carried out over a period during which different fees apply 2A If any activity for which a fee is payable under these Regulations is carried out over a period during which different fees apply, the fee payable in relation to that activity is— a where the activity is carried out as part of an application, the fee that applied on the date the application is received; b otherwise, the fee that applied on the date the activity is commenced. Refund of fees 3 If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Secretary of State must refund to the applicant such proportion of any fee paid as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application. Salmonella ... control programmes (zoonoses): fees 4 1 Schedule 1 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 ... 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 ; and accordingly— a the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 in that Schedule 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 in that Schedule are specified in the corresponding entries in column 2 or column 3 of that table; c the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 in that Schedule are specified in the corresponding entries in column 2 or column 3 of that table. 2 Words and expressions used in schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003 . Poultry health scheme: fees 5 Schedule 2 sets out the fees payable for activities conducted by the Secretary of State in relation to the poultry health scheme; and accordingly— a the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 in that Schedule 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 activities specified in column 1 of Table 2 in that Schedule are specified in the corresponding entries in column 2 of that table. Bovine semen: fees 6 1 Schedule 3 sets out the fees payable for activities conducted by the Secretary of State under the 2007 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 or column 3 of that table. 2 In regulation 41 of the 2007 Regulations, for “regulation 7(4) of the Animal Health (Miscellaneous Fees) Regulations 2013 ” substitute “ regulation 6(1) of the Animal Health (Miscellaneous Fees) (England) Regulations 2018 ” . 3 Words and expressions used in schedule 3 have the same meanings as they have in the 2007 Regulations. Porcine semen: fees 7 Schedule 4 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 the 1964 Regulations or the 1992 Regulations; and accordingly the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 or column 3 of that table. Bovine embryo (collection, production and transfer): fees 8 1 Schedule 5 set out the fees payable to the Secretary of State for activities in relation to an application for an approval or in relation to a holder of an approval under the 1995 Regulations; and accordingly the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the table in that Schedule are specified in the corresponding entries in column 2 or column 3 of that table. 2 Words and expressions used in schedule 5 have the same meanings as they have in the 1995 Regulations. Checking consignments of live animals from third countries border control posts : fees 9 Schedule 6 sets out the fees payable where inspections and checks of import documentation 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; and accordingly— a the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 in that Schedule are specified in the corresponding entries in column 2 of that table; b the fees payable in respect of inspection undertaken during a period specified in column 1 of Table 2 in that Schedule are specified in the corresponding entry in column 2 of that table, and are payable in addition to any fees payable by virtue of paragraph (a); c the fees payable in respect of an extra inspection and check of documentation due to non-compliance or additional control measures by a person specified in column 1 of Table 3 in that Schedule are specified in the corresponding entry in column 2 of that table, and are payable in addition to any fees payable by virtue of paragraph (a). Revocation 10 The Animal Health (Miscellaneous Fees) Regulations 2013 are revoked with the exception of regulations 1, 4, and 7(1) to (3) and Schedule 1. Gardiner of Kimble Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs We consent Andrew Stephenson Rebecca Harris Two of the Lords Commissioners of Her Majesty's Treasury SCHEDULE 1 Salmonella National Control Programmes (Zoonoses): Fees Regulation 4 Table 1 Fees payable by the person in charge of chicken or turkey holding from which an official sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003 Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st July 2024 Fee (£) on or after 1st July 2024 Time spent in obtaining an official control sample for examination in a laboratory (in this table the “time fee”) (in addition to the fees specified below, unless otherwise specified in column 2) 12 per quarter hour or part quarter hour spent 12 per quarter hour or part quarter hour spent Time spent by an animal health officer travelling to and from premises for the purpose of activities below 12 per quarter hour or part quarter hour spent, up to a maximum of 84 12 per quarter hour or part quarter hour spent, up to a maximum of 72 Taking an official control sample from a chicken laying flock 41 49 Taking an official control sample from a chicken or turkey breeding flock 68 83 Taking an official control sample from a chicken broiler flock, or turkey fattening flock 95 117 Examination of an official control sample in a laboratory 18 per sample tested (time fee does not apply) 21 per sample tested (time fee does not apply) Table 2 Fees payable by the operator of a laboratory in relation to an approval under Article 12 of Regulation (EC) No 2160/2003 Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st 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 Table 3 Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II to Regulation (EC) No. 2160/2003 Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st July 2024 Fee (£) on or after 1st 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 Regulation 5 Table 1 Fees for registration and approval of an establishment for the purposes of the poultry health scheme Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st July 2024 Fee (£) on or after 1st July 2024 Time spent by a veterinary officer carrying out the activities specified in this Table (in this table the “time fee”) (in addition to the fees specified 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 126 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 the 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 of a scheme member's flock or hatchery 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) Table 2 Fees payable by the operator of a laboratory in relation to an approval for the purpose of the poultry health scheme Column 1 Column 2 Activity Fee (£) on or after 1st July 2023 Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval 86 Proficiency test in respect of Salmonella bacteriology ( pullorum, gallinarum and arizonae ) 158 per test Proficiency test in respect of Salmonella serology ( pullorum, gallinarum ) 310 per test Proficiency test in respect of Mycoplasma chicken serology ( gallisepticum ) 310 per test Proficiency test in respect of Mycoplasma culture ( gallisepticum and meleagridis ) 280 per test Proficiency test in respect of Mycoplasma turkey serology ( gallisepticum and meleagridis ) 310 per test SCHEDULE 3 Bovine semen: Fees Regulation 6 Fees payable by applicants and operators under the 2007 Regulations Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st July 2024 Fee (£) on or after 1st July 2024 Time spent by a veterinary officer carrying out the specified activities in this Table (in addition to each of the fees specified 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 specified 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 2007 Regulations for use in domestic collection centre or at unlicensed premises 27 33 Considering an application under regulation 7 of the 2007 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 2007 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 2007 Regulations 37 46 Conducting an examination of a bovine semen centre under regulation 40 of the 2007 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 2007 Regulations 31 38 Note Words and expressions used in this Schedule have the same meanings as in the 2007 Regulations. SCHEDULE 4 Porcine semen: Fees Regulation 7 Fees payable under the 1964 Regulations and the 1992 Regulations 1 “ artificial insemination centre ” means premises in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or which have been approved under regulation 2(2) or (3) of the 1992 Regulations”. Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st July 2024 Fee (£) on or after 1st July 2024 Time spent by a veterinary officer carrying out the activities specified in this Table (in addition to each of the fees specified 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 specified 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 Application for approval of a boar to provide semen for the purpose of artificial insemination Considering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of semen 42 per boar 53 per boar Routine testing of a boar Routine testing of a boar at an artificial insemination centre 1 31 per boar 38 per boar Operation of an artificial insemination centre 1 Considering an application from an operator for an artificial insemination centre licence or approval 27 46 Considering an application for approval of an alteration to licensed or approved premises (in accordance with conditions attached to the licence) 34 42 Routine examination of artificial insemination centre 1 23 28 SCHEDULE 5 Bovine embryo (collection, production and transfer): fees Regulation 8 Fees payable under the 1995 Regulations Column 1 Column 2 Column 3 Activity Fee (£) on or after 1st July 2023 but before 1st July 2024 Fee (£) on or after 1st July 2024 Time spent by veterinary officer when carrying out the activities specified in this table (in addition to each of the fees specified 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 the activities specified below 221 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 or re-approval of: - a bovine embryo transfer team under regulation 4 of the 1995 Regulations; - ... - a store under regulation 16 of the 1995 Regulations; - a store and its supervisor under regulations 16 and 19, of the 1995 Regulations; or - a single bovine embryo collection or production team (with or without an inspection of a laboratory) under regulation 6 or 7 of the 1995 Regulations; 38 47 Considering an application for approval of each additional laboratory or store from the same applicant where the inspection is completed on the same day 13 16 Considering an application for re-approval of a laboratory or a store following any alterations 34 42 Carrying out routine inspection of records of a single bovine embryo production, collection or transfer team and re-inspection of a single laboratory or store 23 28 Carrying out routine inspection of records of each additional bovine embryo production, collection or transfer team, and re-inspection of each additional laboratory or store 6 for each additional team and laboratory or store 7 for each additional team and laboratory or store SCHEDULE 6 Checking consignments of live animals from third countries at border control posts : fees Regulation 9 Table 1 Fees for inspecting consignments of animals from third countries and checking importation documentation at border control posts in accordance with regulation 15 of the 2011 Regulations Column 1 Column 2 Inspection of type of animal and checking documents Fee (£) per consignmenton or after 1st July 2023 Poultry and small game birds 53 Poultry eggs 53 Ratites 53 Captive birds 61 Live fish, aquatic animals and amphibians 48 Bees 40 Rabbits and rodents 44 Other insects and invertebrates 40 Reptiles 57 Pets unaccompanied by a declaration 63 Equidae 79 Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar 190 Animals not covered by any other category 50 Documentary checks for onward travel 79 Table 2 Additional fees for certain inspections and checks 1 “ out of hours ” means before 8.30 a.m. or after 5 p.m. on a weekday. 2 “ load ” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and which are presented by a person responsible for their importation for checking at the border inspection post at the same time. 3 “ public holiday ” means Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971. Column 1 Column 2 Period when inspection and check conducted Fee (£) on or after 1st July 2023 Out of hours 1 inspection and check 261 per load Inspection and check during a weekend or a public holiday 3 346 per load Time spent by a veterinary officer travelling to and from premises 16 per quarter hour or part quarter hour spent, up to a maximum of 96 Table 3 Fees for extra inspections and checks due to non-compliances or additional control measures 1 “ out of hours ” means before 8.30 a.m. or after 5 p.m. on a weekday. 2 “ public holiday ” means Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971 . Column 1 Column 2 Person undertaking extra inspection and check Fee per quarter hour or part quarter hour spent on or after 1st July 2023 Veterinary officer – out of hours 1 21 Veterinary officer –at weekends or public holidays 2 28 Veterinary officer – at all other times 14 Time spent by a veterinary officer travelling to and from premises 16, up to a maximum of 96 (This note is not part of the Regulations) These Regulations set out fees payable to the Secretary of State in the field of animal health, replacing the existing fees in the Animal Health (Miscellaneous Fees) Regulations 2013 (S.I. 2013/1240). The fees are collected by the Animal and Plant Health Agency (APHA), an executive agency of the Department for Environment, Food and Rural Affairs. The fees in regulation 4 and Schedule 1 are payable in relation to activities required 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 (OJ No L 325, 12.12.2003, p. 1) and in accordance with Salmonella National Control Programmes for poultry. The fees in regulation 5 and Schedule 2 are payable in relation to approvals for the purpose of the poultry health scheme established under Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L No 343, 22.12.2009, p. 74) and the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197). The fees in regulation 6 and Schedule 3 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 6(2). The fees in regulation 7 and Schedule 4 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 8 and Schedule 5 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 9 and Schedule 6 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. Regulation 10 revokes the existing fee provisions in the Animal Health (Miscellaneous Fees) Regulations 2013. The fee levels provided for in this instrument represent full cost recovery of fees, and some of the fees are increased from existing fees. A detailed comparison of the existing and new fees is provided in an annex to the accompanying Explanatory Memorandum published at www.legislation.gov.uk. A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.