[F1Citation, commencement and extentS

1.  These Regulations–

(a)may be cited as the Feeding Stuffs (Establishments and Intermediaries) Amendment (Scotland) Regulations 2005;

(b)come into force on 1st April 2005; and

(c)extend to Scotland only.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 1.4.2005, see reg. 1(b)

Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999S

2.  The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999(1) are amended in accordance with regulations 3 to 5.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.4.2005, see reg. 1(b)

3.  After regulation 9 (procedure relating to the withdrawal of approvals), insert–

Fees

9A.—(1) Subject to paragraphs (5) and (6), an eligible person who applies to the competent body under regulations 5 or 7 to approve an establishment as an establishment on which an establishment activity or new establishment activity may be exercised shall–

(a)pay the relevant fee to the competent body; and

(b)reimburse the competent body the cost of any laboratory analysis incurred by that body in connection with the application.

(2) Any fee payable under paragraph (1)(a) shall be payable at the time the application is submitted to the competent body.

(3) Any reimbursement due under paragraph (1)(b) shall be payable to the competent body on demand.

(4) In relation to any application under regulations 5 or 7, the competent body need not–

(a)take any step specified in regulation 6(1) until the relevant fee has been paid to it; or

(b)take any step specified in regulation 6(2) or regulation 7(3)(b) or (4) until, in accordance with paragraph (1)(b) above, it has been reimbursed the cost of any laboratory analysis incurred by it in connection with the application.

(5) Where an eligible person makes an application under regulation 5 seeking approval of an establishment as one on which more than one establishment activity may be exercised, that person shall be liable to pay a single relevant fee, which fee shall be the highest fee payable.

(6) Where an eligible person makes an application under regulation 7 seeking approval of an establishment as one on which more than one new establishment activity may be exercised, that person shall be liable to pay a single relevant fee, which fee shall be the highest fee payable.

(7) In this regulation, “relevant fee” means the fee specified in Column 2 of Part I of Schedule 1A which is opposite to the reference in Column 1 of that Part to an application of the kind being made by the applicant.”.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.4.2005, see reg. 1(b)

4.  After regulation 16 (procedure relating to the withdrawal of approvals), insert–

Fees

16A.—(1) Subject to paragraphs (5) and (6), where the area of the competent body is in Scotland, an eligible person who applies to it under regulations 12 or 14 to be approved as an intermediary who may exercise an intermediary activity or new intermediary activity shall–

(a)pay the relevant fee to the competent body; and

(b)reimburse the competent body for the cost of any laboratory analysis incurred by that body in connection with the application.

(2) Any fee payable under paragraph (1)(a) shall be payable at the time the application is submitted to the competent body.

(3) Any reimbursement due under paragraph (1)(b) shall be payable to the competent body on demand.

(4) In relation to any application under regulations 12 or 14, the competent body need not–

(a)take any step specified in regulation 13(1) until the relevant fee has been paid to it; or

(b)take any step specified in regulation 13(3) or regulation 14(3)(b) or (4) until, in accordance with paragraph (1)(b) above, it has been reimbursed the cost of any laboratory analysis incurred by it in connection with the application.

(5) Where an eligible person makes an application under regulation 12 seeking approval as a person who may exercise more than one intermediary activity, that person shall be liable to pay a single relevant fee.

(6) Where an eligible person makes an application under regulation 14 seeking approval as a person who may exercise more than one new intermediary activity, that person shall be liable to pay a single relevant fee.

(7) In this regulation, “relevant fee” means the fee specified in Column 2 of Part II of Schedule 1A which is opposite to the reference in Column 1 of that Part to an application of the kind being made by the applicant.”.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 1.4.2005, see reg. 1(b)

5.  After Schedule 1 (expressions having the same meaning as in Directive 70/524 and expressions having the same meaning as in Directive 95/69), insert the Schedule set out in the Schedule to these Regulations.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 1.4.2005, see reg. 1(b)

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

2nd March 2005]