The Meat (Hygiene and Inspection) (Charges) Regulations 1998

Regulation 3

SCHEDULE CALCULATION OF THE INSPECTION CHARGE

The inspection charge

1.  Subject to paragraphs 2 to 5 below, the inspection charge payable by the occupier of any premises shall be the standard charge.

2.  The inspection charge payable in relation to inspections—

(a) at a cold store;

(b) at cutting premises of meat which is not subjected to any cutting operation there; and

(c) in relation to the slaughter of land mammals and birds of a type not mentioned in the table in paragraph 6 below,

shall be the time costs.

3.  Where cutting premises and a slaughterhouse are located on the same site, the inspection charge for any cutting operation carried out at those premises in respect of meat derived from animals slaughtered at that slaughterhouse shall be the greater of the time costs and 45% of the standard charge for that cutting operation.

4.  Except in relation to a charge to which paragraph 3 above applies—

(a) where—

(i) the standard charge for any premises exceeds the time costs generated by those premises in the same period, and

(ii) the Minister is satisfied that the difference is due or substantially due to the fact that the throughput level and working practices at those premises allow the efficient deployment of inspectors,

the inspection charge payable by the occupier of the premises concerned for that period shall be an amount calculated in the same way as the standard charge, but adjusted by multiplying the rates in paragraph 6 (in the case of a slaughterhouse) or the sum specified in paragraph 7 (in the case of cutting premises) by the factor X, where X is the greater of 0.45 and the fraction—

; and

(b) where—

(i) the condition in sub-paragraph (a)(i) of this paragraph is satisfied but that in sub-paragraph (a)(ii) of this paragraph is not, but

(ii) the Minister is nevertheless satisfied that a proportion of the difference between the time costs and standard charge is attributable to the factors mentioned in sub-paragraph (a)(ii) of this paragraph,

the inspection charge shall be calculated as prescribed in sub-paragraph (a) of this paragraph, but with the factor X replaced by such factor (being a number greater than X but less than 1) as the Minister considers reasonably reflects that proportion.

5.  Where the time costs in any period exceed the standard charge, the inspection charge for that period shall be the time costs.

The standard charge

6.  The standard charge, expressed in ECU, payable by the occupier of a slaughterhouse for any period shall be calculated by multiplying the rate given in the following table applicable to animals of a particular type by the number of animals of that type slaughtered or as the case may be dressed there in the period—

Species	Type	Rate per type of animal in ECU
Cattle	animals aged 6 weeks or more at slaughter	4.5
	animals aged less than 6 weeks old at slaughter	2.5
Horses and other solipeds		4.4
Pigs including wild boar	carcase weight less than 25kg	0.5
	carcase weight greater than or equal to 25kg	1.3
Sheep, goats and other ruminants not listed elsewhere in this table	carcase weight less than 12kg	0.175
	carcase weight between 12 and 18kg inclusive	0.35
	carcase weight greater than 18kg	0.5
Poultry, rabbits, small game birds and ground game	all broilers; all cast hens; other poultry, rabbits, small game birds and ground game weighing less than 2kg	0.01
	poultry (not being broilers or cast hens), rabbits, small game birds and ground game weighing at least 2kg (except those which are adult and weigh at least 5kg)	0.02
	poultry (not being broilers or cast hens), rabbits, small game birds and ground game (all being adult) and weighing at least 5kg	0.04

7.  The standard charge (expressed in ECU) payable by the occupier of cutting premises in respect of any cutting operation carried out on meat there in a period shall be calculated by multiplying by 3 ECU per tonne the total mass of meat entering the cutting room or cutting area of those premises during that period which is to be there subjected to a cutting operation for the first time since being brought into those premises.

8.  The standard charge expressed in ECU shall be converted into sterling by multiplying it by the ECU/sterling conversion rate applicable in the year the inspection was carried out.

Time costs

9.  The time costs generated by any premises in any period shall (subject to paragraphs 10 to 12 below) be calculated by—

(a) multiplying the time (expressed in hours and fractions of an hour) spent by each inspector carrying out inspections at those premises in the period by the hourly rate applicable to that inspector determined in accordance with paragraphs 13 to 15 below;

(b) adding the results together; and

(c) adding any agreed PIA costs for the period.

10.  The time costs in respect of any inspection shall include any overtime payments or other similar allowances made to the inspector concerned under his contract of employment or contract for services for carrying out that inspection.

11.  In determining the total time spent in carrying out inspections any time spent by an inspector—

(a) travelling to or from premises at which he carries out inspections and for which he is paid under a contract of employment or contract for services;

(b) at any premises to which he has gone for the purpose of carrying out an inspection and for which he is paid under a contract of employment or contract for services (regardless of whether or not he is able to carry out an inspection there); and

(c) at any other place—

(i) when he is available for carrying out inspections but is not in fact carrying out same, and

(ii) for which he is paid under his contract of employment or contract for services,

shall be counted as if it were time when the inspector was carrying out an inspection.

12.  Where—

(a) a slaughterhouse slaughters land mammals or birds of a kind which are not listed in the table in paragraph 6; or

(b) any cutting premises deals with meat which is not subject to any cutting operation there,

the time costs in respect of inspection of those creatures or that meat shall be calculated separately from the time costs for all other inspections carried out there.

Hourly rates

13.  The Minister shall determine the hourly rate applicable to inspectors, and may determine different rates for different classes of inspector, having regard to the level of qualifications and experience, and to the salary costs, of inspectors in that class. The Minister may vary any rate determined pursuant to this paragraph where, having regard to the factors set out in paragraphs 14 and 15 below, it appears to him to be necessary to do so.

14.  The hourly rate for any class of inspector shall be calculated so as to reflect—

(a) the mean salary costs and fees (including pension and employers' National Insurance contributions, but excluding any additional costs taken into account pursuant to paragraph 10 above) of inspectors in that class; and

(b) such proportion of the administrative cost of inspection services as the Minister considers it proper to apportion to that hourly rate.

15.  For the purposes of paragraph 14(b) above, “administrative costs” means all costs reasonably incurred in providing inspection services, including in particular the costs of—

(a) post-qualification training given to inspectors of a particular class in relation to the performance of their functions as a member of that class;

(b) the salaries (including the cost of overtime, pension contributions and employers' National Insurance contributions) of the staff other than inspectors engaged in the administration of inspection services, and such proportion of inspectors' remuneration as is not directly accounted for in the calculation of time costs;

(c) providing office accommodation, equipment and services in relation to inspection services, including depreciation of any office furniture and equipment and also of providing information technology, stationery and forms;

(d) protective clothing and equipment used in carrying out inspections, and of laundering such clothing;

(e) accounting and collecting charges and of providing pay-roll and personnel services in connection with the employment of inspectors; and

(f) other expenses and overheads incurred by or in relation to—

(i) inspectors carrying out inspection services, and

(ii) other staff engaged in the administration of those services.

16.  Prior to determining or varying hourly rates in accordance with paragraphs 13 to 15 above, the Minister shall consult such occupiers as are likely to be affected by those rates.

Definitions

17.—(1) In this Schedule—

(a) “inspection services” means the provision by the Minister of inspections;

(b) “inspector” means—

(i) in relation to inspections carried out pursuant to the Fresh Meat Regulations—

(aa) a veterinary surgeon designated as an official veterinary surgeon under regulation 8(1) of those Regulations, or

(bb) a person appointed as an inspector under regulation 8(2) of those Regulations,

(ii) in relation to inspections carried out pursuant to the Poultry Meat Regulation—

(aa) a veterinary surgeon designated as an official veterinary surgeon under regulation 8(1) of those Regulations, or

(bb) a person appointed as an inspector under regulation 8(2) of those Regulations,

(iii) in relation to inspections carried out pursuant to the Wild Game Regulations—

(aa) a veterinary surgeon designated as an official veterinary surgeon under regulation 6(1) of those Regulations, or

(bb) a person appointed as an inspector under regulation 6(2) of those Regulations;

(c) “period” means an accounting period as defined by regulation 2(1) above;

(d) “the standard charge” means in relation to any slaughterhouse or cutting premises for any period the charge calculated in accordance with paragraph 6 or as the case may be 7 above, converted into sterling in accordance with paragraph 8 above; and

(e) “the ECU/sterling conversion rate” applicable in respect of any given year shall be—

(i) 1 ECU = £0.774947 for 1998, and

(ii) in each subsequent year, the rate published in the C Series of the Official Journal of the European Communities on the first working day of the September in the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter;

(f) “time costs” means in relation to any establishment for any period the costs calculated in accordance with paragraphs 9 to 11 above.

(2) Expressions used in this Schedule which are used in Council Directive 85/73/EEC on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (as amended and consolidated by Council Directive 96/43/EC(1)) have the same meaning as in that first-mentioned Directive.

(1)

OJ No. L162, 1.7.96, p.1.