LegalizeThe Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013
Made: 15th May 2013
Laid before the Scottish Parliament: 17th May 2013
Coming into force: 24th June 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 , section 56(1) and (2) of the Finance Act 1973 , section 10(3)(c) of the Animal Health and Welfare Act 1984 and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EC) No 2160/2003 , Council Directive 2009/158/EC and Commission Regulation (EU) Nos 200/2010 , 517/2011 and 200/2012 to be construed as references to those instruments as amended from time to time.
Citation, commencement and extent
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- (1) These Regulations may be cited as the Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 and extend to Scotland only.
- (2) They come into force on 24th June 2013.
Interpretation
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Refund of fees
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Salmonella: fees and amendments
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- (1) The Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 is amended as follows.
- (2) In article 2 (interpretation)—
- (a) omit the definitions of “Commission Regulation (EC) No. 1003/2005”, “Commission Regulation (EC) No. 1168/2006” and “Commission Regulation (EC) No. 646/2007”; and
- (b) after the definition of “Commission Regulation (EC) No. 1177/2006” insert—
- “Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus, as amended from time to time;
- “Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No. 2160/2003 and Commission Regulation (EU) No. 200/2010, as amended from time to time;
- “Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No. 2160/2003 of the European Parliament and of the Council, as amended from time to time;
- (3) In articles 3(b) (competent authority), 8(1) (sampling) and 9(1) (submission of samples to an approved laboratory), for “Commission Regulation (EC) No. 1003/2005” substitute “ Commission Regulation (EU) No 200/2010 ”.
- (4) In articles 3(c), 8(2) and 9(1), for “Commission Regulation (EC) No. 1168/2006” substitute “ Commission Regulation (EU) No 517/2011 ”.
- (5) In articles 3(e), 8(3) and 9(1), for “Commission Regulation (EC) No. 646/2007” substitute “ Commission Regulation (EU) No 200/2012 ”.
- (6) In article 12(2) (duties of the person in charge of a laboratory), for “paragraph 3 of the Annex to Regulation (EC) No. 646/2007” substitute “ point 3 of the Annex to Commission Regulation (EU) No 200/2012 ”.
Poultry health scheme: fees
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Bovine semen: fees
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Porcine semen: fees
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Bovine embryo (collection, production and transfer): fees
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Checking consignments of live animals from third countries at border inspection posts: fees
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Agency arrangements
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Revocations
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SCHEDULE 1 — Salmonella National Control Programme (Zoonoses): Fees
| Fees payable by the person in charge of a chicken or turkey holding from which an official control sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003 | Fees payable by the person in charge of a chicken or turkey holding from which an official control sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003 |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent in obtaining an official control sample for examination in a laboratory (in addition to fees specified below) | 23 per half hour or part half hour spent |
| Taking an official control sample from a chicken laying flock | 60 |
| Taking an official control sample from a chicken breeding flock | 96 |
| Taking an official control sample from a chicken broiler flock | 89 |
| Taking an official control sample from a turkey fattening or breeding flock | 87 |
| Examination of an official control sample in a laboratory | 15 per sample examined |
| Fees payable by the operator of a laboratory in relation to approval under Article 12 of Regulation (EC) No 2160/2003 | Fees payable by the operator of a laboratory in relation to approval under Article 12 of Regulation (EC) No 2160/2003 |
| --- | --- |
| Column 1 Activity | Column 2 Fee (£) |
| Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval | 43 |
| Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | one test |
| Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | two tests |
| Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | three tests |
| Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | four tests |
| Conducting collaborative testing required to obtain and maintain approval as a testing laboratory | For Salmonella |
| Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II of Regulation (EC) No 2160/2003 | Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II of Regulation (EC) No 2160/2003 |
| --- | --- |
| Column 1 Activity | Column 2 Fee (£) |
| Conducting tests on seven dust and faecal samples taken from each flock | 15 per sample tested |
| Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds in each flock | 3,560 |
| Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs of each flock | 2,310 |
SCHEDULE 2 — Poultry health scheme: Fees
| Fees for registration and approval of an establishment for the purposes of the poultry health scheme | Fees for registration and approval of an establishment for the purposes of the poultry health scheme |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent by a veterinary officer carrying out the licensing or approval activities in this Table (in this Table, the “time fee”), in addition to the fees listed below unless otherwise specified in column 2 that this time fee does not apply | 23 per half hour or part half hour spent |
| Annual registration as a poultry health scheme member (in this Table, a “scheme member”) | 61 (time fee does not apply) |
| Approval for first year of a scheme member's flock or hatchery | 210 |
| Approval for first year of a scheme member's combined flock and hatchery on one site where the inspection is carried out by a veterinary officer | 233 |
| Annual re-approval of a scheme member's flock or hatchery, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 74 (time fee does not apply) |
| Annual re-approval of a scheme member's combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 78 (time fee does not apply) |
| Annual re-approval of a scheme member's flock or hatchery, where the inspection is carried out by a veterinary officer | 178 |
| Annual re-approval of a scheme member's combined flock and hatchery on one site, where the inspection is carried out by a veterinary officer | 183 |
| Fees payable by the operator of a laboratory in relation to an approval for the purposes of the poultry health scheme | Fees payable by the operator of a laboratory in relation to an approval for the purposes of the poultry health scheme |
| --- | --- |
| Column 1 Activity | Column 2 Fee (£) |
| Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval | 43 |
| Proficiency test in respect of Salmonella bacteriology (pullorum, gallinarum and arizonae) | 131 per test |
| Proficiency test in respect of Salmonella serology (pullorum, gallinarum) | 336 per test |
| Proficiency test in respect of Mycoplasma chicken serology (gallisepticum) | 336 per test |
| Proficiency test in respect of Mycoplasmaculture (gallisepticum and meleagridis) | 281 per test |
| Proficiency test in respect of Mycoplasma turkey serology (gallisepticum and meleagridis) | 336 per test |
SCHEDULE 3 — Bovine semen: Fees
| Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations | Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations | Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations | Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations |
|---|---|---|---|
| Column 1 Activity | Column 2 Fee (£) | Column 2 Fee (£) | Column 2 Fee (£) |
| Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) | veterinary officer | 23 per half hour or part half hour spent | 23 per half hour or part half hour spent |
| Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) | person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer | 12 per half hour or part half hour spent | 12 per half hour or part half hour spent |
| Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in a domestic collection centre or at unlicensed premises, or an application under regulation 10 of the 2007 Regulations for approval of the use of a bovine animal for collection of its semen or for use as a teaser animal at unlicensed premises | 38 | 38 | 38 |
| Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre | Bovine animal aged 6 months or under | Bovine animal aged 6 months or under | 187 |
| Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre | Bovine animal aged over 6 months and in a same sex group | Bovine animal aged over 6 months and in a same sex group | 187 |
| Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre | Bovine animal aged over 6 months and in a mixed sex group | Bovine animal aged over 6 months and in a mixed sex group | 368 |
| Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU quarantine centre | 114 | 114 | 114 |
| Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU collection centre | 146 | 146 | 146 |
| Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU storage centre | 63 | 63 | 63 |
| Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations | 14 | 14 | 14 |
SCHEDULE 4 — Porcine semen: fees
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