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The Animal Health (Miscellaneous Fees) (Scotland) Regulations 2018

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Animal Health (Miscellaneous Fees) (Scotland) Regulations 2018 and come into force on 30th June 2018.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations—

“the 1964 Regulations” means the Artificial Insemination of Pigs (Scotland) Regulations 1964(1);

“the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992(2);

“the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995(3);

“the 2007 Regulations” means the Bovine Semen (Scotland) Regulations 2007(4);

“the 2012 Regulations” means the Trade in Animals and Related Products (Scotland) Regulations 2012(5);

“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;

“border inspection post” means a port or airport approved as such by the European Commission(6);

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

“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(7);

“load” means one or more consignments of animals of 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;

“out of office hours” means before 0830 hours or after 1700 hours on a weekday;

“poultry health scheme” means the scheme for the approval of establishments and laboratories and the annual inspection of approved establishments under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC(8);

“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;

“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(9);

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

“veterinary officer” means a veterinary surgeon employed as such by the Scottish Ministers or the Secretary of State(10); 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(11).

Refund of fees

3.  If any 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 Scottish Ministers think fit, having regard to any reasonable costs incurred by them in connection with the application.

Salmonella National Control Programmes (zoonoses): fees

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(12) 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.

Poultry health scheme: fees

5.—(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 an applicant 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.

Bovine semen: fees

6.—(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 for the purposes of the 2007 Regulations.

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

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

Porcine semen: fees

7.—(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 by the Scottish Ministers under—

(a)the 1964 Regulations; or

(b)the 1992 Regulations.

(2) In schedule 4, the fees payable by the applicant for, or the holder of, the licence or approval for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.

Bovine embryo (collection, production and transfer): fees

8.—(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 in relation to the holder of an approval for the purposes of the 1995 Regulations.

(2) In schedule 5, 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 column 2 of that Table.

(3) 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 at border inspection posts: fees

9.—(1) This regulation and schedule 6 set out the fees 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 2012 Regulations.

(2) The fees payable in respect of the inspection of a consignment of live animals from third countries and checking importation documentation at a border inspection post specified in column 1 of Table 1 in schedule 6 are specified in the corresponding entry in column 2 of this Table.

(3) In addition to the fees payable in respect of an inspection by virtue of paragraph (2), the fees payable for carrying out an inspection during a period specified in column 1 of Table 2 in schedule 6 are specified in the corresponding entry in column 2 of that Table.

(4) In addition to the fees payable in respect of an inspection by virtue of paragraph (2), the fees payable in respect of an extra inspection check due to non-compliance or additional control measures carried out by a person specified in column 1 of Table 3 in schedule 6 are specified in the corresponding entry in column 2 of that Table.

Revocation and saving

10.  The Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013(13) are revoked except regulations 1 and 5 (amendment of the Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009(14)).

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

24th May 2018

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