Search Legislation

The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 9Charges for Veterinary Checks

Payment of charges

54.—(1) A reasonable charge calculated in accordance with regulations 55 and 56 and Schedule 3 shall be made for veterinary checks carried out on a consignment at a border inspection post.

(2) The charge shall be made by and payable to the Department, the district council or the Agency, whichever is responsible, under Regulations 5, for enforcing these Regulations in relation at the border inspection post where the veterinary checks are carried out.

Calculation of charges

55.  The charge for veterinary checks shall cover the costs listed in Part I of Schedule 3 and shall be calculated in accordance with Part II, III, IV or V, as the case may be, of Schedule 3.

Conversion of charges to sterling

56.  Charges expressed in euro in Schedule 3 shall be converted to pounds sterling at the rate of conversion published in the “C” Series of the Official Journal of the European Communities in September of the calendar year preceding that in which the relevant veterinary check was carried out.

Liability for charges

57.  The person responsible for a consignment shall pay on demand the charge made for the veterinary checks carried out on the consignment.

Information relating to charges

58.—(1) The Department, or the district council shall, if so requested in writing, supply to any person who presents products under regulation 18, or to any organisation representing such persons, details of the calculations which it uses to determine charges for veterinary checks and shall take into account any representations made by such a person or organisation in determining such charges.

(2) If requested in writing so to do by the Department, a district council shall provide the Department with such information as it may require relating to the calculation of charges for veterinary checks, and with copies of any written representations made by persons or organisations referred to in paragraph (1).

Appeals against charges paid to district councils

59.—(1) Any person who has paid a charge for veterinary checks to a district council, and any organisation representing such person, may, within twenty-one days of the charge being made, appeal in writing to the Department on the ground that the amount of the charge is unreasonable.

(2) Where there is an appeal under paragraph (1), the Department shall consult with the district council and, if then satisfied that the amount of the charge is unreasonable, shall so inform the district council, and the district council shall recalculate the amount of the charge in accordance with any directions given by the Department and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

(3) Any person who has paid a charge for veterinary checks to the Department and any organisation representing such person may, within twenty-one days of the charge being made, appeal to an independent person appointed by the Department on the ground that the amount of the charge is unreasonable.

(4) Where there is an appeal under paragraph (3), the independent person referred to in that paragraph shall consult with the Department and, if then satisfied that the amount of the charge is unreasonable, shall so inform the Department, who shall recalculate the amount of the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

(5) The terms of appointment and the remuneration of the independent person referred to in paragraph (3) shall be determined by the Department.

Appeals against charges paid to the Department or Agency

60.—(1) Any person who has paid a charge for veterinary checks to the Department or the Agency, and any organisation representing such persons, may, within twenty-one days of the charge being made, give notice in writing of his wish to appeal to an independent person appointed by the Department, or, where the charge was paid to an Agency, to an independent person appointed by the Agency, on the ground that the amount of the charge is unreasonable.

(2) Where the charge was paid to the Agency, the functions of the Department in paragraphs (3) to (4) must be performed by the Agency.

(3) Where an appellant gives notice of his wish to appear before and be heard by an independent person appointed for the purpose—

(a)the Department must appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b)the person so appointed must not, except with the consent of the appellant, be an officer or servant of the Department;

(c)if the appellant so requests, the hearing must be in public;

(d)the independent person must report to the Department; and

(e)if the appellant so requests, the Department must provide him with a copy of the independent person’s report.

(4) If the independent person is satisfied that the amount of the charge is unreasonable, the Department must recalculate the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources