The Animal Health (Miscellaneous Fees) (Wales) Regulations 2018
W.S.I. 2018/650 · Made 22 May 2018 · Extends to Wales
Animals, Wales
Animal Health
Made 22 May 2018
Laid before the National Assembly for Wales 30 May 2018
Coming into force 30 June 2018
The Welsh Ministers are designated M1, for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 M2 (“the 1972 Act”) in relation to the common agricultural policy of the European Union.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in these Regulations to be construed as references to those instruments as amended from time to time.
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
In accordance with section 56(1) of the Finance Act 1973, the Treasury consents to the making of these Regulations.
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- M3
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
- M4
1973 c. 51. Subsection (1) was amended by S.I. 2011/1043, article 6(1)(e).
- M5
By virtue of section 59(5) of the Government of Wales Act 2006 (c. 32).
- M6
1984 c. 40; section 10(8) defines the “appropriate Minister” as meaning the Secretary of State in relation to Wales for the purposes of section 10. The functions of the Secretary of State, insofar as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by virtue of S.I. 1999/672. Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
Contents
- 1Title, application and commencement
- 2Interpretation
- 2AFee payable where an activity is carried out over a period during which different fees apply
- 3Refund of fees
- 4Salmonella ... control programmes (zoonoses): fees
- 5Poultry health scheme: fees
- 6Bovine semen: fees
- 7Porcine semen: fees
- 8Bovine embryo (collection, production and transfer): fees
- 9Checking consignments of live animals at border control posts: fees
- 10Revocation
- Signature
- Schedule 1Salmonella ... control programmes (zoonoses): Fees
- Schedule 2Poultry health scheme: Fees
- Schedule 3Bovine semen: Fees
- Schedule 4Porcine semen: Fees
- Schedule 5Bovine embryo (collection, production and transfer): Fees
- Schedule 6Checking consignments of live animals from third countries at border control posts: Fees
- Explanatory note
1Title, application and commencement
The title of these Regulations is the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018. They apply in relation to Wales, and come into force on 30 June 2018.
2Interpretation
In these Regulations—
“the 1964 Regulations” (“Rheoliadau 1964”) means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 M1;
“the 1992 Regulations” (“Rheoliadau 1992”) means the Artificial Insemination of Pigs (EEC) Regulations 1992 M2;
“the 1995 Regulations” (“Rheoliadau 1995”) means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 M3;
“the 2008 Regulations” (“Rheoliadau 2008”) means the Bovine Semen (Wales) Regulations 2008 M4;
“the 2011 Regulations” (“Rheoliadau 2011”) means the Trade in Animals and Related Products (Wales) Regulations 2011 M5;
F1“border control post” (“safle rheoli ar y ffin”) has the meaning given by regulation 11 of the 2011 Regulations;
“consignment” (“llwyth”) means a quantity of animals of the same species, covered by the same veterinary certificate or document;
F2“poultry health scheme” (“cynllun iechyd dofednod”) means the scheme established by the Secretary of State governing the export or movement of birds or hatching eggs to the EU, Northern Ireland or specified non-EU countries, published on 22 July 2021;
F3“third country” (“trydedd wlad”) means a country or territory other than the British Islands;
“veterinary officer” (“swyddog milfeddygol”) means a veterinary surgeon employed as such by the Welsh Ministers; and
“veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966 M6.
2AFee payable where an activity is carried out over a period during which different fees applyF1
If any activity for which a fee is payable under these Regulations is carried out over a period during which different fees apply, the fee payable in relation to that activity is—
where the activity is carried out as part of an application, the fee that applies on the date the application is received;
otherwise, the fee that applies on the date the activity is commenced.
3Refund of fees
If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Welsh Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the Welsh Ministers think reasonable, having regard to any reasonable costs incurred by the Welsh Ministers in connection with the application.
4Salmonella ... control programmes (zoonoses): feesF5
Schedule 1 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the control of Salmonella in accordance with the relevant F1... control programme established by or under Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents M1.
In Schedule 1—
the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 F2or column 3 of that Table;
the fees payable by the operator of a laboratory for the activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 F3or column 3 of that Table; and
the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 are specified in the corresponding entries in column 2 F4or column 3 of that Table.
Words and expressions used in Schedule 1 have the same meaning as in Regulation (EC) No 2160/2003.
5Poultry health scheme: fees
Schedule 2 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the poultry health scheme M1.
In Schedule 2—
the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 F1or column 3 of that Table; and
the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table.
6Bovine semen: fees
The 2008 Regulations are amended in accordance with paragraph (2).
For regulation 41 substitute—
“
41The fees payable to the Welsh Ministers are as provided by regulation 6(3) of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018.”
Schedule 3 sets out the fees payable for activities conducted by the Welsh Ministers under the 2008 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 F1or column 3 of that Table.
Words and expressions used in Schedule 3 have the same meaning as in the 2008 Regulations.
7Porcine semen: fees
Schedule 4 sets out the fees payable to the Welsh Ministers in connection with the issue of licences or approvals and tests and examinations carried out under the 1964 Regulations or the 1992 Regulations.
In Schedule 4 the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 F1or column 3 of that Table.
In Schedule 4 “artificial insemination centre” means premises—
in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or
which have been approved under regulation 2(2) or (3) of the 1992 Regulations.
8Bovine embryo (collection, production and transfer): fees
Schedule 5 sets out the fees payable to the Welsh Ministers for activities in relation to an application for an approval or a holder of an approval under the 1995 Regulations.
In Schedule 5 the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 F1or column 3 of that Table.
Words and expressions used in Schedule 5 have the same meaning as in the 1995 Regulations.
9Checking consignments of live animals at border control posts: feesF2
Schedule 6 sets out the fees payable where inspections are carried out at F1border control posts of consignments of live animals from a third country in accordance with regulation 15 of the 2011 Regulations.
In Schedule 6—
the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 are specified in the corresponding entry in column 2 of that Table;
the fees payable in respect of inspections undertaken during a period specified in column 1 of Table 2 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a);
the fees payable in respect of extra checks due to non-compliance or additional control measures by a person specified in column 1 of Table 3 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a).
10Revocation
The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013 M1 are revoked, with the exception of regulations 1, 4 and 7(1) to (3).
Signature
Lesley Griffiths
Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers
Schedule 1Salmonella ... control programmes (zoonoses): FeesF1
Table 1
Fees payable by the person in charge of a chicken or turkey holding from which an official sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003
| Column 1 | F2Column 2 | F3Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
Time spent in obtaining an official control sample for examination in a laboratory (in this Table, the “time fee”) (in addition to the fees specified below unless otherwise specified in column 2) | 12 per quarter hour or part quarter hour spent | 12 per quarter hour or part quarter hour spent |
| Time spent travelling to and from premises for the purpose of activities below | 12 per quarter hour or part quarter hour spent, up to a maximum of 72 | 12 per quarter hour or part quarter hour spent, up to a maximum of 72 |
| Taking an official control sample from a chicken laying flock | 41 | 49 |
| Taking an official control sample from a chicken or turkey breeding flock | 68 | 83 |
| Taking an official control sample from a chicken broiler flock, or turkey fattening flock | 95 | 117 |
| Examination of an official control sample in a laboratory | 18 per sample tested (time fee does not apply) | 21 per sample tested (time fee does not apply) |
F4Table 2
Fees payable by the operator of a laboratory in relation to an approval under Article 12 of Regulation (EC) No 2160/2003
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval | 86 | 86 |
| Conducting inspections for quality assurance | 688 per visit | 1,025 per visit |
| Conducting collaborative testing for Salmonella as required to obtain and maintain approval as a testing laboratory | 44 per test | 44 per test |
Table 3
Fees payable by the person in charge of poultry flocks for tests conducted under the sampling protocol in point 4(b) of Part D of Annex II to Regulation (EC) No 2160/2003
| Column 1 | F5Column 2 | F6Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Conducting tests on seven dust and faecal samples taken from each flock | 123 | 146 |
| Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from each flock | 3,203 | 3,936 |
| Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock | 3,517 | 3,954 |
Schedule 2Poultry health scheme: Fees
Table 1
Fees for registration and approval of an establishment for the purposes of the poultry health scheme
| Column 1 | F1Column 2 | F2Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Time spent by a veterinary officer carrying out the activities in this Table (in this Table the “time fee”) (in addition to the fees listed below unless otherwise specified in column 2) | 22 per quarter hour or part quarter hour spent | 22 per quarter hour or part quarter hour spent |
| Time spent by a veterinary officer travelling to and from the premises of a poultry health scheme member (in this Table a “scheme member”) for the purpose of activities below | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 |
| Annual registration as a scheme member | 82 (time fee does not apply) | 108 (time fee does not apply) |
| First year approval of scheme member's flock or hatchery, or combined flock and hatchery on one site, where inspection is carried out by a veterinary officer | 49 | 71 |
| Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where inspection carried out by a veterinary officer | 62 | 67 |
| Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary officer | 35 | 39 |
| Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 61 (time fee does not apply) | 67 (time fee does not apply) |
| Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 34 (time fee does not apply) | 39 (time fee does not apply) |
Table 2
Fees payable by the operator of a laboratory in relation to approval for the purpose of the poultry health scheme
| Column 1 | F3Column 2 |
|---|---|
| Activity | Fee (£) on or after 5 July 2023 |
| Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval | 86 |
| Proficiency test in respect of Salmonella bacteriology (pullorum, gallinarum and arizonae) | 158 per test |
| Proficiency test in respect of Salmonella serology (pullorum, gallinarum) | 310 per test |
| Proficiency test in respect of Mycoplasma chicken serology (gallisepticum) | 310 per test |
| Proficiency test in respect of Mycoplasma culture (gallisepticum and meleagridis) | 280 per test |
| Proficiency test in respect of Mycoplasma turkey serology (gallisepticum and meleagridis) | 310 per test |
Schedule 3Bovine semen: Fees
Fees payable by applicants and operators under the 2008 Regulations
| Column 1 | F1Column 2 | F2Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Time spent by a veterinary officer carrying out the activities in this Table (in addition to each of the fees listed below) | 22 per quarter hour or part quarter hour spent | 22 per quarter hour or part quarter hour spent |
| Time spent by a veterinary officer travelling to and from premises for the purpose of activities below | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 |
| Considering an application for approval of a bovine animal under regulations 7 or 10 of the 2008 Regulations for use in domestic collection centre or at unlicensed premises | 27 | 33 |
| Considering an application under regulation 7 of the 2008 Regulations for approval of a bovine animal for use in F3a licensed collection centre | 35 | 44 |
| Considering an application for a licence to operate F4a licensed quarantine centre under regulation 4 of the 2008 Regulations | 39 | 48 |
| Considering an application for a licence to operate F5a licensed collection centre or domestic collection centre, F6or a licensed storage centre or domestic storage centre under regulation 4 of the 2008 Regulations | 37 | 46 |
| Conducting an examination of a bovine semen centre under regulation 40 of the 2008 Regulations | 23 | 28 |
| Conducting a routine examination of an approved bovine animal F7for domestic use or for use for trade with a member State under regulation 33 of the 2008 Regulations | 31 | 38 |
Schedule 4Porcine semen: Fees
Fees payable under the 1964 Regulations and the 1992 Regulations
| Column 1 | F1Column 2 | F2Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Time spent by a veterinary officer carrying out the activities in this Table (in addition to each of the fees listed below) | 22 per quarter hour or part quarter hour spent | 22 per quarter hour or part quarter hour spent |
| Time spent by a veterinary officer travelling to and from premises for the purpose of activities below | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 |
| Application for approval of a boar to provide semen for the purpose of artificial insemination | ||
| Considering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of semen | 42 per boar | 53 per boar |
| Routine testing of a boar | ||
| Routine testing of a boar at an artificial insemination centre | 31 per boar | 38 per boar |
| Operation of an artificial insemination centre | ||
| Considering an application from an operator for an artificial insemination centre licence or approval | 37 | 46 |
| Considering an application for approval of an alteration to licensed or approved premises (in accordance with conditions attached to the licence or approval) | 34 | 42 |
| Routine examination of artificial insemination centre | 23 | 28 |
Schedule 5Bovine embryo (collection, production and transfer): Fees
Fees payable under the 1995 Regulations
| Column 1 | F1Column 2 | F2Column 3 |
|---|---|---|
| Activity | Fee (£) on or after 5 July 2023 but before 1 July 2024 | Fee (£) on or after 1 July 2024 |
| Time spent by veterinary officer when carrying out the activities listed in this Table (in addition to each of the fees listed below) | 22 per quarter hour or part quarter hour spent | 22 per quarter hour or part quarter hour spent |
| Time spent by a veterinary officer travelling to and from premises for the purpose of the activities below | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 | 22 per quarter hour or part quarter hour spent, up to a maximum of 132 |
Considering an application for approval or re-approval of:
| 38 | 47 |
| Considering an application for approval of each additional laboratory or store from the same applicant where the inspection is completed on the same day | 13 | 16 |
| Considering an application for re-approval of a laboratory or a store following any alterations | 34 | 42 |
| Carrying out routine inspection of records of a single bovine embryo production, collection or transfer team and re-inspection of a single laboratory or store | 23 | 28 |
| Carrying out routine inspection of records of each additional bovine embryo production, collection or transfer team, and re-inspection of each additional laboratory or store | 6 for each additional team and laboratory or store | 7 for each additional team and laboratory or store |
Schedule 6Checking consignments of live animals from third countries at border control posts: FeesF1
Table 1
Fees for inspecting consignments of animals from third countries and checking importation documentation at F2border control posts in accordance with regulation 15 of the 2011 Regulations
| F3Column 1 | Column 2 |
|---|---|
| Inspection of type of animal and checking documents | Fees (£) per consignment on or after 5 July 2023 |
| Poultry and small game birds | 53 |
| Poultry eggs | 53 |
| Ratites | 53 |
| Captive birds | 61 |
| Live fish, aquatic animals and amphibians | 48 |
| Bees | 40 |
| Rabbits and rodents | 44 |
| Other insects and invertebrates | 40 |
| Reptiles | 48 |
| Pets unaccompanied by a declaration | 63 |
| Equidae | 79 |
| Farmed livestock, including cattle, sheep, goats, camelids, pigs and wild boar | 190 |
| Animals not covered by any other category | 50 |
| Transhipment check of documents | 79 |
Table 2
Additional fees for certain inspections
1 “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday. | |
F42 “load” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and presented by a person responsible for their importation for checking at the border control post at the same time. | |
3 “public holiday” means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971 M1. | |
| Column 1 | Column 2 |
|---|---|
| Period when inspection conducted | Fee (£) on or after 5 July 2023 |
| Out of hours1 inspection | 261 per load2 |
| Inspection during a weekend or a public holiday3 | 346 per load2 |
| Time spent by a veterinary officer travelling to and from premises | 16 per quarter hour or part quarter hour spent, up to a maximum of 96 per visit |
Table 3
Fees for extra checks due to non-compliances or additional control measures
1 “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday. | |
2 “public holiday” means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971. | |
| Column 1 | F5Column 2 |
|---|---|
| Persons undertaking extra check | Fee per quarter hour or part quarter hour spent on or after 5 July 2023 |
| Veterinary officer - out of hours1 checks | 21 |
| Veterinary officer – checks at weekends or public holidays2 | 28 |
| Veterinary officer – checks at all other times | 14 |
| Time spent by a veterinary officer travelling to and from premises | 16, up to a maximum of 96 per visit |
Explanatory note
(This note is not part of the Regulations)
These Regulations set out fees payable to the Welsh Ministers in the field of animal health, replacing the existing fees in the Animal Health (Miscellaneous Fees) (Wales) Regulations 2013 (S.I. 2013/1241 (W. 133)). The fees are collected by the Animal & Plant Health Agency (APHA) on behalf of the Welsh Ministers. These Regulations apply in relation to Wales.
The fees in regulation 4 and Schedule 1 are payable in relation to activities required under Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents (OJ No L 325, 12.12.2003, p. 1) and in accordance with Salmonella National Control Programmes for poultry.
The fees in regulation 5 and Schedule 2 are payable in relation to approvals for the purpose of the poultry health scheme established under Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ No L 343, 22.12.2009, p. 74) and the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379 (W. 252)).
The fees in regulation 6 and Schedule 3 are payable in relation to approvals for the purpose of obtaining bovine semen in accordance with the Bovine Semen (Wales) Regulations 2008 (S.I. 2008/1040 (W. 110)), which are amended by regulation 6.
The fees in regulation 7 and Schedule 4 are payable in relation to approvals for the purpose of obtaining porcine semen in accordance with the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (S.I. 1964/1172) and the Artificial Insemination of Pigs (EEC) Regulations 1992 (S.I. 1992/3161).
The fees in regulation 8 and Schedule 5 are payable in relation to approvals for the purpose of collection, production and transfer of bovine embryos in accordance with the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (S.I. 1995/2478).
The fees in regulation 9 and Schedule 6 are payable in relation to inspection of consignments of live animals at border inspection posts in accordance with the Trade in Animals and Related Products (Wales) Regulations 2011.
Regulation 10 revokes the existing fee provisions in the Animal Health (Miscellaneous Fees) (Wales) Regulations 2013.
The fee levels provided for in this instrument represent full cost recovery of fees, and some of the fees are increased from existing fees.
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.