The Meat (Hygiene and Inspection) (Charges) (Amendment) (England) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Meat (Hygiene and Inspection) (Charges) Regulations 1998 (S.I. 1998/2095, as already amended) in so far as they extend to England. Those Regulations implemented in Great Britain the provisions relating to charges for meat hygiene inspections of Council Directive 85/73/EEC (an amended and consolidated text of which is annexed to Council Directive 96/43/EC at OJ No. L162, 1.7.96, p. 4).

2.  These Regulations change the basis on which the charges required by that Directive to be levied for meat hygiene inspections are calculated in England. The revised basis for calculating those charges remains compatible with Council Directive 85/73/EEC.

3.  The amendments made by these Regulations to the Meat (Hygiene and Inspection) (Charges) Regulations 1998 are as follows:

(a) the definition of “accounting period” in regulation 2(1) is revised and now states that it means a period of less than a year (regulation 2(2));

(b) in view of the amendments to the Schedule which are described below, paragraphs (5) and (6) of regulation 3 (dealing with the annualisation of monthly charges) are revoked (regulation 2(3));

(c) in view of the revocation of regulation 3(5), the reference to that provision in regulation 3(10) is deleted (regulation 2(4));

(d) paragraph 1 of the Schedule (stating that the inspection charge payable by the occupier of premises under the Regulations will in principle equal the EU standard charge) is revoked and a new paragraph, which states that the occupier of a slaughterhouse or cutting premises is required to pay the lower of the EU standard charge (plus any additional charge incurred by virtue of new paragraph 8A of the Schedule) and the actual inspection costs, is inserted in its place (regulation 2(5));

(e) a new paragraph, 1A, providing a mechanism for calculating the inspection charge in accordance with paragraph 1 of the Schedule on a cumulative basis, is inserted into the Schedule (regulation 2(6));

(f) paragraph 2 of the Schedule (relating to the inspection charge payable in respect of cold stores, the storage of meat at cutting premises, re-packaging centres and the slaughter of certain birds and mammals) is revoked and a new paragraph, which specifies the inspection charge payable in respect of re-packaging centres, is inserted in its place (regulation 2(7));

(g) paragraphs 3 to 5 of the Schedule, dealing respectively with—

(i) the inspection charge payable where cutting premises and a slaughterhouse are located on the same site,

(ii) the case where the standard charge exceeds the time costs, and

(iii) the case where the time costs exceed the standard charge,

are revoked and new paragraphs, 3 and 4 (which specify respectively the minimum charge payable by the occupier of a slaughterhouse or cutting premises and how the inspection charge payable in respect of cold stores is to be determined), are inserted in their place (regulation 2(8));

(h) the table in paragraph 6 of the Schedule is revised to include a reference to ostriches and other ratites and also a reference to land mammals and birds not expressly mentioned in the table (regulation 2(9));

(i) paragraph 7 of the Schedule (which relates to the inspection charge payable in respect of meat cut up at cutting premises) is revised and now provides that the inspection charge payable in respect of cutting premises will be based on the mass of meat brought into those premises (regulation 2(10));

(j) new paragraphs, 8A and 8B, enabling additional charges to be levied because of the occupier’s inefficiency and providing a mechanism for resolving disputes where additional charges are so levied, are inserted into the Schedule (regulation 2(11));

(k) paragraph 12 of the Schedule (dealing with the calculation of the time costs generated by the inspection of certain land mammals or birds in a slaughterhouse and of meat which is stored in cutting premises) is revoked and a new paragraph, specifying how the inspection charge for cold stores will be calculated, is inserted in its place (regulation 2(12));

(l) paragraph 13 of the Schedule (requiring the Agency to determine the hourly rate applicable to inspectors) is revoked and a new paragraph, replicating that requirement but enabling the Agency additionally to determine rates for individual inspectors, is inserted in its place (regulation 2(13));

(m) paragraph 14 of the Schedule (specifying the costs which the hourly rate for inspectorrs must reflect) is revised in the light of the amendment to paragraph 13 of the Schedule made by these Regulations (regulation 12(14)); and

(n) paragraph 15 of the Schedule (defining “administrative costs”) is amended in the light of new paragraph 12(3) of the Schedule (regulation 12(15)).

4.  A regulatory impact assessment has been prepared in respect of these Regulations. A copy of it has been placed in the library of each House of Parliament. Further copies of the assessment can be obtained from the Meat Hygiene Division of the Food Standards Agency, Ergon House, Horseferry Road, London SW1P 3WG.