{
  "url": "https://openlegislation.uk/medicated-feedingstuffs-regulations-1998/regulation-35",
  "json_url": "https://openlegislation.uk/medicated-feedingstuffs-regulations-1998/regulation-35.json",
  "legislation": "uksi/1998/1046",
  "legislation_title": "The Medicated Feedingstuffs Regulations 1998",
  "legislation_url": "https://openlegislation.uk/medicated-feedingstuffs-regulations-1998",
  "path": "regulation/35",
  "kind": "regulation",
  "number": "35",
  "heading": "Recovery of fees",
  "text": "(1) 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.\n(2) Any fee payable under paragraph (1) shall be paid at the time the application is submitted to the relevant authority.\n(3) 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.\n(4) 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.\n(5) 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 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.\n(6) 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:\n(a) an on the spot verification by the enforcement authority is pending in relation to his application under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998, or\n(b) the enforcement authority has conducted an on the spot verification in relation to his application under regulation 10 and has granted approval pursuant to regulation 11 of the Feedingstuffs (Zootechnical Products) Regulations 1998 which has not been withdrawn.\n(7) 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.\n(8) 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:\n(a) an on the spot verification by the enforcement authority is pending in relation to his application under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998, or\n(b) the enforcement authority has conducted an on the spot verification in relation to his application under regulation 12 and has granted approval pursuant to regulation 12(2) of the Feedingstuffs (Zootechnical Products) Regulations 1998 which has not been withdrawn.\n(9) 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 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.\n(10) A person who has paid a sum by way of a fee under regulation 8 of the Medicines (Pharmacy and Merchants' List Order) 1992 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.\n(11) 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).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/1047."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1992/1520; relevant amending instruments are S.I. 1994/1531, 1995/799 and 1997/638; Revoked by S.I. 1998/1048."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1992/33, amended by S.I. 1992/3081, 1994/599, 3142 and 3169, 1995/3193, 1996/3034 and 1997/2892 and revoked by S.I. 1998/1044."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/2003/752",
      "affecting_title": "The Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003"
    },
    {
      "type": "substituted",
      "affecting": "uksi/2005/1033",
      "affecting_title": "The Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotlandand Wales) Regulations 2005"
    },
    {
      "type": "amended",
      "affecting": "uksi/2000/1686",
      "affecting_title": "The Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) Regulations 2000"
    },
    {
      "type": "words inserted",
      "affecting": "nisr/2002/161",
      "affecting_title": "Medicated Feedingstuffs (Amendment) Regulations (Northern Ireland) 2002 (revoked)"
    },
    {
      "type": "revoked",
      "affecting": "uksi/2003/752",
      "affecting_title": "The Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2003/752",
      "affecting_title": "The Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003"
    },
    {
      "type": "word deleted",
      "affecting": "uksi/2004/1036",
      "affecting_title": "The Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2004/1036",
      "affecting_title": "The Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2004"
    },
    {
      "type": "am (E, W, S)",
      "affecting": "uksi/2002/697",
      "affecting_title": "The Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1046/regulation/35",
    "retrieved_at": "2026-10-29T11:32:10.792573+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}