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1. This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011, applies in England and comes into force on 11th July 2011.
2. A manufacturer of disinfectant who applies to have a product approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007(1) must, when applying, pay to the Secretary of State—
(a)a fee of £1,000 for administrative services relating to the application, and
(b)the fee specified in the Schedule in respect of each purpose for which the application is made, for testing the efficacy and quality of the disinfectant.
3. (1) A manufacturer who has had a product approved under the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must pay an annual fee of £375 to the Secretary of State by the due date for payment for post-approval testing and administrative costs.
(2) The annual fee is payable in relation to every purpose specified in the Schedule for which the disinfectant remains approved on the due date for payment.
(3) The due date for payment is 1st September in every year.
4. Where Value Added Tax is chargeable in respect of the provision of a fee prescribed in this Order there is payable in addition to that fee a further fee equivalent to the amount of Value Added Tax.
5. For article 6 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 substitute—
“6. (1) The Secretary of State may amend, suspend or revoke the approval or refuse to renew the approval in respect of a disinfectant in the following circumstances—
(a)production has ceased;
(b)the disinfectant is no longer efficacious or of suitable quality;
(c)the manufacturer does not comply with any condition of approval;
(d)the disinfectant does not comply with the Biocidal Products Regulations 2001; or
(e)the manufacturer who is required to pay the annual fee in accordance with article 3 of the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011 has failed to make payment by the due date for payment.
(2) The Secretary of State may also suspend an approval pending investigation of any disinfectant if the Secretary of State has reasonable grounds to suspect that any of the circumstances in paragraph (1)(a) to (d) apply.”
6. The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2010(2) is revoked.
Minister of State
Department for Environment, Food and Rural Affairs
25th May 2011
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2011
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