Regulation 35 Recovery of fees

Subject to paragraphs (5) to (10), the appropriate fee shall be payable by a person who makes an application of a description listed in Schedule 1.

Any fee payable under paragraph (1) shall be paid at the time the application is submitted to the relevant authority.

Any unpaid sum due by way of a fee payable under paragraph (1), or any part of such fee, shall be recoverable as a debt.

Where any fee is payable under paragraph (1) in relation to any application the relevant authority need not process any application under these Regulations, unless the application is accompanied by the appropriate fee.

Where an applicant under regulation 3, in relation to the same premises, applies on the same date (evidenced by the date on the application forms) to the enforcement authority under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998^f1 for an establishment to be approved as an establishment on which an establishment activity may be exercised, he shall be liable to pay only one fee under both these Regulations and the Feedingstuffs (Zootechnical Products) Regulations 1998 and, where the appropriate fee differs in amount from the fee payable under the Feedingstuffs (Zootechnical Products) Regulations 1998, the fee payable shall be the higher amount.

An applicant under regulation 3 shall not be liable to pay the appropriate fee in relation to the manufacture of medicated feedingstuffs on premises, where he has applied to the enforcement authority under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for approval of an establishment on the same premises as an establishment on which an establishment activity may be exercised, if he applies under regulation 3 within twelve months of his application under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998 and at the date of his application under regulation 3:

Where an applicant under regulation 3 of these Regulations, in relation to the same premises, applies on the same date (evidenced by the date on the application forms) to the relevant authority under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for an establishment to be approved as an establishment on which a new establishment activity may be exercised, he shall be liable to pay only one fee under both these Regulations and the Feedingstuffs (Zootechnical Products) Regulations 1998 and, where the appropriate fee differs in amount from the fee payable under the Feedingstuffs (Zootechnical Products) Regulations 1998, the fee payable shall be the higher amount.

An applicant under regulation 3 shall not be liable to pay the appropriate fee in relation to the manufacture of medicated feedingstuffs on premises, where he has applied to the enforcement authority under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for an establishment on the same premises to be approved as an establishment on which a new establishment activity may be exercised, if he applies under regulation 3 within twelve months of his application under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998 and at the date of his application under regulation 3:

A person who has paid a sum by way of a fee under regulation 3 of the Medicines (Medicated Animal Feedingstuffs) (No. 2) Regulations 1992^f2 for entry or retention of premises in, or restoration of premises to, Part A or B of the Register of Manufacturers of Animal Feedingstuffs in respect of the financial year commencing 1st April 1998 shall by virtue of this provision be treated for the purposes of this regulation as having paid that sum towards payment of the appropriate fee (in respect of the financial year ending on 31st March 1999) referred to under the column headed “Applications for approvals of premises” in item 1 or 2 of Schedule 1, and shall be entitled to a refund of any surplus over that appropriate fee.

A person who has paid a sum by way of a fee under regulation 8 of the Medicines (Pharmacy and Merchants' List Order) 1992^f3 for entry or retention of his name in, or restoration of his name to, the Register of Merchants in respect of the year commencing 1st January 1998 shall by virtue of this provision be treated for the purposes of this regulation as having paid that sum towards payment of the appropriate fee (in respect of the year ending on 31st December 1998) referred to under the column headed “Applications for approvals to retail supply as distributor” in item 1 of Schedule 1, and shall be entitled to a refund of any surplus over that appropriate fee.

A fee payable under combined regulations as described in paragraphs (5) and (7) shall be treated for the purposes of paragraphs (2) to (4) as included among fees payable under paragraph (1).