The Charges for Inspections and Controls (Amendment) Regulations 2005

Amendment of previous Regulations

2.  The Charges for Inspections and Controls Regulations 1997(1) shall be amended as follows:

(a) in regulation 2(1), omit the definition of “the Minister”, and for those words, wherever they appear in those Regulations, substitute the words “the Secretary of State”;

(b) in regulation 3(1) and 4(1), for “him”, wherever it appears, substitute “her”;

(c) in regulation 3(1), after “shall”, insert “, except where regulation 4(4D) applies,”;

(d) in regulation 4(1), after “paragraph (2)”, insert, “ or, as the case may be, paragraphs (4D) and (4E),”;

(e) after paragraph (4A) of regulation 4 insert the following paragraphs—

“(4B) Where the charge made under regulation 3(1) concerns the inspection and control of eggs, the Secretary of State may enter into an agreement with an organisation providing for the organisation to make payments to her in accordance with paragraphs (4C) to (4E), if she reasonably considers that the organisation is supported by persons falling within paragraph (2)(h).

(4C) If she enters into an agreement she must publicise—

(a) the fact of having done so;

(b) its duration; and

(c) if not of a term certain, the way in which she will notify its termination,

in a manner she considers suitable for informing persons concerned in the egg trade.

(4D) So long as the agreement is in effect following that publication—

(a) paragraph (2)(h) shall not apply, and

(b) the organisation shall pay the Secretary of State the total actual cost of control as referred to in point 1(d) of Annex B to Council Directive 96/43/EC amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directive 90/675/EEC and 91/496/EEC(2);

(4E) Where paragraph (4D) applies—

(a) the Secretary of State shall demand payment in writing specifying the period to which the demand relates, and

(b) in any proceedings for recovery brought by the Secretary of State a certificate made by her stating the amount recoverable shall be evidence of the amount in question.”; and

(f) in paragraph (5) of regulation 4, for “operator”, substitute “occupier”.

(1)

S.I. 1997/2893; relevant amending instruments are S.I. 1998/2880, 2004/1871.

(2)

OJ No. L162, 1.7.96, p.1.