The Animal By-Products and Animal Health (Miscellaneous Fees) (Scotland) Regulations 2023
| Jurisdiction | Scotland |
| Year | 2023 |
| Citation | SSI 2023/198 |
2023 No. 198
Animals
The Animal By-Products and Animal Health (Miscellaneous Fees) (Scotland) Regulations 2023
Made 27th June 2023
Coming into force 1st July 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10(1) and (3)(c) of the Animal Health and Welfare Act 19841and paragraph 7(2) of schedule 4 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 20182and all other powers enabling them to do so.
In accordance with paragraph 1(6) of schedule 7 of the European Union Withdrawal Act 2018 (as applied by paragraph 12(3) of that schedule of that Act), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Animal By-Products and Animal Health (Miscellaneous Fees) (Scotland) Regulations 2023 and come into force on 1 July 2023.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations—
“veterinary officer” means a veterinary surgeon employed as such by the Scottish Ministers or the Secretary of State3,
“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 19664.
Refund of fees
3. Where an application, for which a fee is payable under these Regulations, is withdrawn before its determination, the Scottish Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the Scottish Ministers think fit, having regard to any reasonable costs incurred by them in connection with the application.
Animal by-products and derived products: fees
4.—(1) This regulation and schedule 1 set out fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers for the purposes of the Control Regulation.
(2) In schedule 1—
(a)
(a) the fees payable by an operator of an establishment or plant in relation to an activity specified in column 1 of Table 1 are specified in the corresponding entries in columns 2, 3 and 4 of that Table, and
(b)
(b) the fees payable in respect of official controls, by an operator of an establishment or plant in relation to an activity specified in column 1 of Table 2 are specified in the corresponding entries in columns 2, 3 and 4 of that Table.
(3) In this regulation and schedule 1—
(a)
(a) “the Control Regulation” means Regulation (EC) 1069/2009of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption5,
(b)
(b) words and expressions defined in Article 3 (definitions) of the Control Regulation have the same meaning as they have in the Control Regulation.
(4) In schedule 1—
(a)
(a) “approval” includes a conditional approval under Article 44(2) (procedure for approval) of the Control Regulation,
(b)
(b) words and expressions defined in Article 2 (definitions) of, and Annex 1 (definitions as referred to in Article 2) to, the Implementing Regulation6have the same meaning as they have in the Implementing Regulation.
Salmonella control programmes (zoonoses): fees
5.—(1) This regulation and schedule 2 set out fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to control programmes established by or under Regulation (EC) 2160/2003.
(2) In schedule 2—
(a)
(a) the fees payable by the person in charge of a flock for the activities specified in column 1 of Table 1 are specified in the corresponding entries in columns 2, 3 and 4 of that Table,
(b)
(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 columns 2, 3 and 4 of that Table, and
(c)
(c) the fees payable by the person in charge of a flock for the activities specified in column 1 of Table 3 are specified in the corresponding entries in columns 2, 3 and 4 of that Table.
(3) In this regulation and in schedule 2 “ (EC) 2160/2003Regulation (EC) 2160/2003” means Regulation (EC) 2160/2003of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents7.
Poultry health scheme: fees
6.—(1) This regulation and schedule 3 set out 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 3—
(a)
(a) the fees payable by an applicant for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in columns 2, 3 and 4 of that Table, and
(b)
(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 columns 2 and 3 of that Table.
(3) In this regulation and in schedule 3 “poultry health scheme” means the scheme governing the export or movement of birds or hatching eggs to the EU, Northern Ireland or specified non-EU countries, as described in the Poultry Health Scheme (PHS) Handbook published by the Secretary of State on 22 July 20218.
Bovine semen: fees
7.—(1) This regulation and schedule 4 set out fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers for the purposes of the 2007 Regulations.
(2) In schedule 4, the fees payable by applicants and operators for the activities specified in column 1 of the Table are specified in the corresponding entries in columns 2, 3 and 4 of that Table.
(3) In this regulation and in schedule 4 “the 2007 Regulations” means the Bovine Semen (Scotland) Regulations 20079.
(4) In schedule 4 words and expressions used in the 2007 Regulations have the same meaning as they have in the 2007 Regulations.
Porcine semen: fees
8.—(1) This regulation and schedule 5 set out fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers for the purposes of the 1964 Regulations or the 1992 Regulations.
(2) In schedule 5, the fees payable by an applicant for, or the holder of, a licence or approval for the activities specified in column 1 of the Table are specified in the corresponding entries in columns 2, 3 and 4 of that Table.
(3) In this regulation and in schedule 5—
(a)
(a) “the 1964 Regulations” means the Artificial Insemination of Pigs (Scotland) Regulations 196410,
(b)
(b) “the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 199211.
(4) In schedule 5, “artificial insemination centre” means premises—
(a)
(a) licensed under regulation 4(1) (licensing of artificial insemination centres) of the 1964 Regulations, or
(b)
(b) approved under regulation 2(2) or (3) (trade in porcine semen) of the 1992 Regulations.
Bovine embryo (collection, production and transfer): fees
9.—(1) This regulation and schedule 6 set out fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers for the purposes of the 1995 Regulations.
(2) In schedule 6, the fees payable by an applicant for, or the holder of, an approval under the 1995 Regulations for activities specified in column 1 of the Table are specified in the corresponding entries in columns 2, 3 and 4 of that Table.
(3) In this regulation and in schedule 6, “the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 199512.
(4) In schedule 6, words and expressions used in the 1995 Regulations have the same meaning as they have in the 1995 Regulations.
Checking consignments of live animals from third countries at border control posts: fees
10.—(1) This regulation and schedule 7 set out fees payable to the Scottish Ministers on demand in relation to official controls performed on a consignment of live animals from a third country at a border control post in accordance with—
(a)
(a) regulation 13 (procedure on importation) of the 2012 Regulations,
(b)
(b) Chapter 5 (official controls on animals and goods entering Great Britain) of the Official Controls Regulation, together with relevant implementing and delegated acts, and
(c)
(c) Article 37(1) (checks for entitlement to the conventional rate of duty for purebred breeding animals entering Great Britain from a third country) of Regulation (EU) 2016/1012.
(2) In schedule 7, the fees payable by the operator responsible for a consignment, or the operator’s representative, in relation to official controls performed on a consignment of live animals from a third country at a border control post specified in column 1 of Table 1 are specified in the corresponding entry in columns 2 and 3 of that Table.
(3) In addition to the fees payable in relation to official controls by virtue of paragraph (2), the fees payable by the operator responsible for the consignment, or the operator’s representative, for official controls performed during a period specified in column 1 of Table 2 in schedule 7 are specified in the corresponding entry in columns 2 and 3 of that Table.
(4) In addition to the fees payable in relation to official controls by virtue of paragraph (2), the fees payable by the operator responsible for the consignment, or the operator’s representative, in relation to an extra inspection check by a veterinary officer due to non-compliance or intensified official controls, specified in column 1 of Table 3 in schedule 7 are specified in the corresponding entry in columns 2 and 3 of that Table.
(5) The fees payable in relation to official...
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