The Animal Health (Miscellaneous Fees) (Amendment and Revocation) (Wales) Order 2024

Welsh Statutory Instruments

2024 No. 1109 (W. 185)

Animals, Wales

Animal Health

The Animal Health (Miscellaneous Fees) (Amendment and Revocation) (Wales) Order 2024

Made

6 November 2024

Laid before Senedd Cymru

8 November 2024

Coming into force

1 December 2024

The Welsh Ministers, in exercise of the powers conferred by section 84(1) of the Animal Health Act 1981(1), make the following Order.

Title, application and coming into force

1.—(1) The title of this Order is The Animal Health (Miscellaneous Fees) (Amendment and Revocation) (Wales) Order 2024.

(2) It applies in relation to Wales and comes into force on 1 December 2024.

Amendments to the Animal Gatherings (Fees) (Wales) Order 2018

2.  In the Animal Gatherings (Fees) (Wales) Order 2018(2), for the Schedule substitute the Schedule contained in the Schedule to this Order.

Revocation

3.  The Diseases of Animals (Fees for the Testing of Disinfectants) Order 1991(3) is revoked in relation to Wales.

Huw Irranca-Davies

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

6 November 2024

Article 2

SCHEDULE

Article 3

“SCHEDULE

Table 1

Fees payable for the licensing of premises for animal sales or collection centres that are not exempt under article 3(4) or (5) of this Order

Column 1	Column 2
Activity	Fee (£) for applications received, and renewals undertaken
Application for the issue or (where the premises have been radically changed) amendment of a licence for sale premises or a collection centre where such premises are assessed by a veterinary inspector as presenting a low risk of disease. This fee includes up to 90 minutes of inspection time.	433
Application for the issue or (where the premises have been radically changed) amendment of a licence for sale premises or for use as a collection centre, where such premises are assessed by a veterinary inspector as presenting more than a low risk of disease. This fee includes up to 2 x 90 minutes of inspection time.	780
Annual licence renewal fee for premises used for animal sales or for use as a collection centre, where such premises are assessed by a veterinary inspector as presenting a low disease risk requiring only one inspection visit for the determination of the renewal. This fee includes up to 75 minutes of inspection time.	387
Annual licence renewal fee for premises used for animal sales or for use as a collection centre, where such premises are assessed by a veterinary inspector as presenting more than a low disease risk, and therefore requiring two inspection visits for the determination of the renewal. This fee includes up to 2 x 75 minutes of inspection time.	550

Table 2

Fees payable for the licensing of premises for shows or exhibitions that are not exempt under article 3(4) or (5) of this Order

Column 1	Column 2
Activity	Fee (£) for applications received, and renewals undertaken
Application for a licence to organise shows or exhibitions on premises assessed by a veterinary inspector as presenting a low risk of disease. This fee includes up to 60 minutes of inspection time.	283
Application for a licence to organise shows or exhibitions on premises assessed by a veterinary inspector as presenting more than a low risk of disease. This fee includes up to 90 minutes of inspection time.	467
Annual licence renewal of show or exhibition premises where a veterinary inspector assesses no inspection visit is required.	201
Annual licence renewal of a show or exhibition premises where a veterinary inspector assesses a basic inspection visit is required. This fee includes up to 60 minutes of inspection time.	329
Annual licence renewal of show or exhibition premises where a veterinary inspector assesses more than a basic inspection visit is required. This fee includes up to 60 minutes of inspection time.	329

Table 3

Additional fees payable for the licensing of premises

Column 1	Column 2
Activity	Fee (£) for veterinary visits undertaken
Extra veterinary visit for the purpose of consideration of an application for a licence, annual renewal of a licence or follow-up non-compliance visit, that includes up to 75 minutes of veterinary inspector time for such visit.	362
A veterinary visit for the purpose of consideration of a request for an in-year operational change, that includes up to 75 minutes of veterinary inspector time for such visit.	362
Additional charge on any visit where the veterinary inspection time exceeds the fixed time provided in this Schedule.	24 per quarter hour or part quarter hour spent
Time spent by a veterinary inspector travelling to and from the licensed premises, or premises proposed to be licensed, for the purpose of licensing activities that are not exempt from fees under article 3(4) or (5) of this Order.	24 per quarter hour or part quarter hour spent, up to a maximum of 144”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Animal Gatherings (Fees) (Wales) Order 2018 (S.I. 2018/645) (W. 119) (“the Animal Gatherings Order”). It increases fees payable to the Welsh Ministers under the Animal Gatherings Order for services provided by the Animal and Plant Health Agency.

It also revokes the Diseases of Animals (Fees for the Testing of Disinfectants) Order 1991 (S.I 1991/1168) (“the 1991 Order”) in relation to Wales.

Article 2 amends the Animal Gatherings Order to substitute a new Schedule providing for increased fees for the licensing of premises for animal gatherings. The new Schedule provides as follows.

(a) Table 1 sets out fees payable for the licensing of premises for animal sales or collection centres that are not exempt under article 3(4) or (5) of the Animal Gatherings Order. Column 2 applies to applications received and renewals undertaken after 30 November 2024. The fees set out in column 2 represent the following percentage increases on the current fees (rounded to the nearest integer): 14% (rows 3, 4 and 5) and 13% (row 6).

(b) Table 2 sets out fees payable for the licensing of premises for shows or exhibitions that are not exempt under article 3(4) or (5) of the Animal Gatherings Order. Column 2 applies to applications received and renewals undertaken after 30 November 2024. The fees set out in column 2 represent the following percentage increases on the current fees (rounded to the nearest integer): 20% (row 3), 14% (row 4), 20% (row 5), 92% (row 6) and 44% (row 7).

(c) Table 3 sets out additional fees payable for the licensing of premises. Column 2 applies to veterinary visits undertaken after 30 November 2024. The fees set out in column 2 represent the following percentage increases on the current fees (rounded to the nearest integer): 14% (rows 3 and 4) and 9% (rows 5 and 6).

Article 3 revokes the 1991 Order which makes provision for fees payable for testing under legislation which is no longer in force.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

1981 c. 22. The term “the Ministers” is defined in section 86(1)(c). Functions conferred on “the Ministers” under the Act are, in so far as exercisable in relation to Wales, vested in the Welsh Ministers. All functions of a Minister of the Crown under section 84(1) of the Act were, so far as exercisable in relation to Wales by the Secretary of State for Wales, transferred to National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Any other functions of the Secretary of State for Scotland and the Secretary of State for Wales under section 84(1) of the Act were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). The Minister for Agriculture, Fisheries and Food’s functions under section 84(1) of the Act were later transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I.2002/794). These functions of the Secretary of State were, in so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) they were transferred to the Welsh Ministers. By virtue of paragraph 7 of Part 2 of Schedule 3 to the Government of Wales Act 2006, the functions of the Minister of the Crown are transferred free from the requirement for Treasury approval in section 84(1).

(2)

S.I. 2018/645 (W. 119), amended by S.I. 2022/1156 (W. 239).

(3)

S.I. 1991/1168, revoked in relation to England by S.I. 2005/379 and in relation to Scotland by S.S.I. 2023/143.