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Regulation 4 Recovery of and liability for charges

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any charge under these Regulations shall, subject to paragraphs (9) to (14), be payable to the Minister, and shall be recoverable by him on demand as a debt owed to him by the person by whom the charge concerned is stated by paragraph (2) to be payable.

(2)

Charges under these Regulations shall, subject to paragraphs (3) to (5), be payable—

(a)

(where the charge concerned relates to any animal falling within paragraph (a), (b), (c), (d) or (e) of the definition of “animal” in regulation 2(1) of these Regulations) by the occupier of any slaughterhouse at which such an animal is slaughtered for human consumption;

(b)

(where the charge concerned relates to any bird comprised in the definition of “poultry” in regulation 2(1) of these Regulations) by the occupier of any slaughterhouse at which any such bird is slaughtered for human consumption;

(c)

(where the charge concerned relates to any animal falling within paragraph (a) of the definition of “game” in regulation 2(1) of these Regulations) by the occupier of any farmed game handling facility at which such an animal is slaughtered for human consumption;

(d)

(where the charge concerned relates to any animal falling within paragraph (b) or (c) of the definition of “game” in regulation 2(1) of these Regulations) by the occupier of any slaughterhouse at which such an animal is slaughtered for human consumption;

(e)

(where the charge concerned relates to wild game) by the occupier of any wild game processing facility at which wild game is dressed or cut up for human consumption;

(f)

(where the charge concerned relates to fish) by the operator of any establishment at which the fish in question is produced for human consumption;

(g)

(where the charge concerned relates to milk) by each producer; and

(h)

(where the charge concerned relates to eggs) by the occupier of each egg packing centre at which eggs are graded by quality and weight under the provisions of the Eggs (Marketing Standards) Regulations 1995 and Council Regulation (EEC) No. 1907/90, as last amended by Council Regulation (EC) No. 818/96.

(3)

Where any occupier such as is referred to in sub-paragraph (a), (b), (c) or (d) of paragraph (2) has paid any charge under the sub-paragraph concerned in respect of any animal, he shall by virtue of this provision have the right to recover on demand a sum equal to the charge as a debt owed to him by the person on whose behalf the animal has been slaughtered.

(4)

Where any occupier such as is referred to in sub-paragraph (e) of paragraph (2) has paid any charge under that sub-paragraph in respect of any wild game, he shall by virtue of this provision have the right to recover on demand a sum equal to the charge as a debt owed to him by the person on whose behalf the wild game has been dressed or cut up.

(5)

Where any operator such as is referred to in sub-paragraph (h) of paragraph (2) has paid any charge under that sub-paragraph in respect of any eggs, he shall by virtue of this provision have the right to recover on demand a sum equal to the charge as a debt owned to him by the person on whose behalf the eggs have been graded by quality and weight.

(6)

In paragraph (2)—

(a)

in sub-paragraph (a)—

(i)

“occupier” has the same meaning as in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (“S.I. 1995/539”)f1, and

(ii)

“slaughterhouse” means a slaughterhouse (as defined by the said regulation 2(1)) licensed under regulation 4 of S.I. 1995/539;

(b)

in sub-paragraphs (b) and (d)—

(i)

“occupier” has the same meaning as in regulation 2(1) of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (“S.I. 1995/540”)f2, and

(ii)

“slaughterhouse” means a slaughterhouse (as defined by the said regulation 2(1)) licensed under regulation 4 of S.I. 1995/540;

(c)

in sub-paragraph (c)—

(i)

“occupier” has the same meaning as in regulation 2(1) of S.I. 1995/539; and

(ii)

“farmed game handling facility” means a farmed game handling facility (as defined by the said regulation 2(1)) licensed under regulation 4 of S.I. 1995/539;

(d)

in sub-paragraph (e)—

(i)

“occupier” has the same meaning as in regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995 (“S.I. 1995/2148”)f3,

(ii)

“wild game processing facility” means a wild game processing facility (as defined by the said regulation 2(1)) licensed under regulation 3 of S.I. 1995/2148, and

(iii)

“cut up” shall be construed by reference to the definition of “cutting up” in the said regulation 2(1).

(7)

In paragraph (3)—

(a)

“slaughterhouse” means—

(i)

(insofar as that paragraph relates to an occupier such as is referred to in sub-paragraph (a) of paragraph (2)) a slaughterhouse (as defined by regulation 2(1) of S.I. 1995/539) licensed under regulation 4 thereof, and

(ii)

(insofar as that paragraph relates to an occupier such as is referred to in sub-paragraph (b) or (d) of paragraph (2)) a slaughterhouse (as defined by regulation 2(1) of S.I. 1995/540) licensed under regulation 4 thereof; and

(b)

“farmed game handling facility” means a farmed game handling facility (as defined by regulation 2(1) of S.I. 1995/539) licensed under regulation 4 thereof.

(8)

In paragraph (4), “wild game processing facility” means a wild game processing facility (as defined by regulation 2(1) of S.I. 1995/2148) licensed under regulation 3 thereof, and “cut up” shall be construed by reference to the definition of “cutting up” in the said regulation 2(1).

(9)

The Minister and the operator of any establishment manufacturing feed for sale to or for use by the operator of any establishment producing brown trout or rainbow trout for human consumption may enter into an agreement providing that the charge payable by that last-mentioned operator under paragraph (2)(f) in respect of those fish is to be paid to that first-mentioned operator as agent for the Minister.

(10)

The charge payable by each producer under paragraph (2)(g) shall for the purposes of these Regulations be treated as a charge imposed on that producer under article 9(1) of the Milk Development Council Order 1995 (“the 1995 Order”)f4.

(11)

Where in accordance with paragraph (10) and article 9(2) of the 1995 Order a charge payable under paragraph (2)(g) is paid to the agent who purchases the milk in respect of which the charge arises—

(a)

the Milk Development Council (established by article 3 of the 1995 Order) shall (in circumstances where it receives the charge from the agent) forward that charge to the Minister; and

(b)

the Minister may (where that Council does not receive that charge from that agent) recover that charge on demand as a debt owned to him by that agent.

(12)

The charge required to be forwarded by the Milk Development Council to the Minister under paragraph (11)(a) shall (where it is not so forwarded) be recoverable by the Minister on demand as a debt owed to him by that Council.

(13)

Where in accordance with paragraph (10) and article 9(2) of the 1995 Order a charge payable under paragraph (2)(g) is paid to the Milk Development Council it shall be forwarded by that Council to the Minister.

(14)

The charge required to be forwarded by the Milk Development Council to the Minister under paragraph (13) shall be recoverable by the Minister on demand as a debt owed to him by that Council.

Annotations

Footnotes

f1

S.I. 1995/539, amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1997/1729 and S.I. 1997/2074.

f2

S.I. 1995/540, amended by S.I. 1995/1763, S.I. 1995/2148, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1997/1729.

f3

S.I. 1995/2148, amended by S.I. 1995/3205.

f4

S.I. 1995/356.