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

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).

(1)

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

(2)

S.I. 1992/3161.

(3)

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

(4)

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

(5)

S.S.I. 2012/177, as amended by S.S.I. 2012/198 and S.S.I. 2015/401.

(6)

The 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 (EU) 2018/313 (OJ L 60, 2.3.2018, p.40) and is periodically reviewed and amended.

(7)

OJ 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). The instrument is repealed subject to savings by Regulation (EU) 2016/429 (OJ L 84, 31.3.2016, p.1).

(8)

See paragraph 3 of Part 1 of schedule 2 of the 2012 Regulations.

(9)

OJ L 325, 12.12.2003, p.1, as last amended by Regulation (EU) 2016/429 (OJ L 84, 31.3.2016, p.1).

(10)

By virtue of an agreement under section 93 of the Scotland Act 1998 (c.46), the Secretary of State may exercise specific functions of the Scottish Ministers as listed in the schedule of the Scotland Act 1998 (Agency Agreements) (Specification) Order 2013 (S.I. 2013/3157).

(11)

1966 c.36.