OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations implement in Great Britain, Council Directive 96/43/EC (amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending directives 90/675/EEC and 91/496/EEC) (O.J. No. L162 of 1/7/96, pp. 1-3.)

Any person importing an animal into Great Britain from a country outside the European Union shall pay the Minister of Agriculture, Fisheries and Food (“the Minister”) a charge for the veterinary and health inspection carried out on that animal at the Border Inspection Post (“BIP”). The charges vary according to the species of animal inspected and are set out in the Schedule to the Regulations. The charge is increased by 50% where the inspection takes place between 5.00pm and 8.30am on any week day. The charge is increased by 100% and by an additional sum of £50.00 where the inspection takes place on a Saturday, a Sunday or a public holiday (Regulation 4(2) and 4(3)).

The charge must be paid at the time the inspection is carried out. If the charge is not paid at that time, the Minister is empowered to detain an animal at the BIP until such time as it is paid. The person importing the animal is liable for the full cost of detaining the animal at the BIP until the charge is paid. Where a person has imported an animal in respect of which a charge is due, the Minister may at any time serve a notice on him requiring him to pay the charge within a specified period (Regulation 5).

The Minister is also empowered to serve a notice on a person importing an animal, requiring him pay the charge for an inspection which took place at the Border Inspection Post within a specified period and to detain an animal at such place, other than a BIP, as a veterinary inspector may deem appropriate (Regulation 6).

Where a notice is served in accordance with Regulations 5 or 6 and the person on whom the notice was served fails to comply with it, the Minister may seize the animal to which the notice relates and sell or otherwise dispose of it. The proceeds of sale, if any, will be used to discharge whatever sum may be due to the Minister and any balance will be paid to the person importing the animal (Regulation 7).

The Minister is entitled to recover any sum due to him by civil proceedings (Regulation 8).