
1 

(1) These Regulations may be cited as the Animal Health (Miscellaneous Fees and Amendments) (Scotland) Regulations 2013 and extend to Scotland only.
(2) They come into force on 24th June 2013.
2 
In these Regulations—
 “Council Directive 2009/158/EC” means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs, as amended from time to time;
 “Regulation (EC) No 2160/2003” means 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, as amended from time to time;
 “veterinary officer” means a veterinary surgeon employed as such by the Scottish Ministers or the Secretary of State; and
 “veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966.
3 
If any application for which a fee is payable under these Regulations is withdrawn before its determination, the Scottish Ministers may refund to the applicant such proportion of any fee paid in respect of that application as Ministers think fit, having regard to any reasonable costs incurred by them in connection with the application.
4 

(1) This regulation and Schedule 1 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to the control of Salmonella in accordance with the relevant National Control Programme established by or under Regulation (EC) No 2160/2003.
(2) In Schedule 1—
(a) the fees payable by the person in charge of a chicken or turkey holding for the activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 of that Table;
(b) 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 of that Table; and
(c) 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 of that Table.
(3) Words and expressions used in Schedule 1 have the same meanings as they have in Regulation (EC) No 2160/2003.
5 

(1) The Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009 is amended as follows.
(2) In article 2 (interpretation)—
(a) omit the definitions of “Commission Regulation (EC) No. 1003/2005”, “Commission Regulation (EC) No. 1168/2006” and “Commission Regulation (EC) No. 646/2007”; and
(b) after the definition of “Commission Regulation (EC) No. 1177/2006” insert—“
 “Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus, as amended from time to time;
 “Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No. 2160/2003 and Commission Regulation (EU) No. 200/2010, as amended from time to time;
 “Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No. 2160/2003 of the European Parliament and of the Council, as amended from time to time;”.
(3) In articles 3(b) (competent authority), 8(1) (sampling) and 9(1) (submission of samples to an approved laboratory), for “Commission Regulation (EC) No. 1003/2005” substitute “Commission Regulation (EU) No 200/2010”.
(4) In articles 3(c), 8(2) and 9(1), for “Commission Regulation (EC) No. 1168/2006” substitute “Commission Regulation (EU) No 517/2011”.
(5) In articles 3(e), 8(3) and 9(1), for “Commission Regulation (EC) No. 646/2007” substitute “Commission Regulation (EU) No 200/2012”.
(6) In article 12(2) (duties of the person in charge of a laboratory), for “paragraph 3 of the Annex to Regulation (EC) No. 646/2007” substitute “point 3 of the Annex to Commission Regulation (EU) No 200/2012”.
6 

(1) This regulation and Schedule 2 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to the poultry health scheme.
(2) In Schedule 2—
(a) 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 of that Table; and
(b) 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.
(3) In this regulation and Schedule 2—
 “poultry health scheme” means the scheme for—
(a) the approval of establishments and laboratories; and
(b) the annual inspection of approved establishments,for the purposes of Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC.
7 

(1) This regulation and Schedule 3 set out the fees payable to the Scottish Ministers on demand by applicants and operators for activities conducted by the Scottish Ministers under the 2007 Regulations.
(2) In Schedule 3, the fees payable by applicants and operators for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(3) In this regulation and Schedule 3, “the 2007 Regulations” means the Bovine Semen (Scotland) Regulations 2007.
(4) Words and expressions used in Schedule 3 have the same meanings as they have in the 2007 Regulations.
8 

(1) This regulation and Schedule 4 set out the fees payable to the Scottish Ministers on demand in connection with the issue of licences or approvals and tests or examinations carried out under—
(a) the 1964 Regulations; or
(b) the 1992 Regulations.
(2) The fees payable by the applicant or holder of the licence or approval for activities specified in column 1 of the Table in Schedule 4 are specified in the corresponding entries in column 2 of that Table.
(3) In Schedule 4, “artificial insemination centre” means premises—
(a) in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations; or
(b) which are approved under regulation 2(2) or (3) of the 1992 Regulations.
(4) In this regulation and Schedule 4—
 “the 1964 Regulations” means the Artificial Insemination of Pigs (Scotland) Regulations 1964; and
 “the 1992 Regulations” means the Artificial Insemination of Pigs (EEC) Regulations 1992.
9 

(1) This regulation and Schedule 5 set out the fees payable to the Scottish Ministers on demand for activities conducted by the Scottish Ministers in relation to an application for an approval or a holder of an approval under the 1995 Regulations.
(2) In Schedule 5, the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(3) In this regulation and Schedule 5, “the 1995 Regulations” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995.
(4) Words and expressions used in Schedule 5 have the same meanings as they have in the 1995 Regulations.
10 

(1) The fees specified in this regulation and Schedule 6 are payable to the Scottish Ministers on demand where an inspection of a consignment of live animals from a third country is carried out at a border inspection post in accordance with regulation 13 (procedure on importation) of the Trade in Animals and Related Products (Scotland) Regulations 2012.
(2) The fees payable in respect of the inspection of a consignment of live animals of a type specified in column 1 of the Table in Schedule 6 are specified in the corresponding entries in column 2 of that Table.
(3) Paragraph (4) applies where the inspection is undertaken (whether in whole or in part)—
(a) during a weekend;
(b) after 1700 hours but before 0830 hours on a weekday; or
(c) during a public holiday.
(4) Where this paragraph applies, a fee of £80 is payable for every load subject to inspection in addition to any fee payable under Schedule 6.
(5) In this regulation and Schedule 6—
 “border inspection post” means a port or airport approved as such by the European Commission;
 “consignment” means a quantity of animals of the same species, covered by the same veterinary certificate or document;
 “load” means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and that have been presented by a person responsible for their importation for checking at the border inspection post at the same time;
 “public holiday” means New Year’s Day, 2nd January, Good Friday, the first Monday in May, the first Monday in August, Christmas Day and Boxing Day; and
 “third country” means a country other than a member State.
11 

(1) The Scottish Ministers may arrange, with the agreement of the Secretary of State, for any of their functions of requiring payment of any fees under these Regulations to be exercised on their behalf by the Secretary of State.
(2) An arrangement under this regulation must be in writing and be signed by, or on behalf of, the Scottish Ministers and the Secretary of State and such an arrangement may be subject to such conditions (including conditions as to financial arrangements) as may be agreed from time to time.
12 
The Regulations specified in column 2 of Schedule 7 are revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
15th May 2013
SCHEDULE 1
Regulation 4


Table 1
Fees payable by the person in charge of a chicken or turkey holding from which an official control sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003
Column 1Activity Column 2Fee (£)
Time spent in obtaining an official control sample for examination in a laboratory (in addition to fees specified below) 23 per half hour or part half hour spent
Taking an official control sample from a chicken laying flock 60
Taking an official control sample from a chicken breeding flock 96
Taking an official control sample from a chicken broiler flock 89
Taking an official control sample from a turkey fattening or breeding flock 87
Examination of an official control sample in a laboratory 15 per sample examined

Table 2
Fees payable by the operator of a laboratory in relation to approval under Article 12 of Regulation (EC) No 2160/2003
Column 1Activity Column 2Fee (£)
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval 43
Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved one test 642
two tests 661
three tests 681
four tests 700
Conducting collaborative testing required to obtain and maintain approval as a testing laboratory For Salmonella 37 per test

Table 3
Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II of Regulation (EC) No 2160/2003
Column 1Activity Column 2Fee (£)
Conducting tests on seven dust and faecal samples taken from each flock 15 per sample tested
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds in each flock 3,560
Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs of each flock 2,310
SCHEDULE 2
Regulation 6


Table 1
Fees for registration and approval of an establishment for the purposes of the poultry health scheme
Column 1Activity Column 2Fee (£)
Time spent by a veterinary officer carrying out the licensing or approval activities in this Table (in this Table, the “time fee”), in addition to the fees listed below unless otherwise specified in column 2 that this time fee does not apply 23 per half hour or part half hour spent
Annual registration as a poultry health scheme member (in this Table, a “scheme member”) 61 (time fee does not apply)
Approval for first year of a scheme member’s flock or hatchery 210
Approval for first year of a scheme member’s combined flock and hatchery on one site where the inspection is carried out by a veterinary officer 233
Annual re-approval of a scheme member’s flock or hatchery, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer 74 (time fee does not apply)
Annual re-approval of a scheme member’s combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer 78 (time fee does not apply)
Annual re-approval of a scheme member’s flock or hatchery, where the inspection is carried out by a veterinary officer 178
Annual re-approval of a scheme member’s combined flock and hatchery on one site, where the inspection is carried out by a veterinary officer 183

Table 2
Fees payable by the operator of a laboratory in relation to an approval for the purposes of the poultry health scheme
Column 1Activity Column 2Fee (£)
Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval 43
Proficiency test in respect of Salmonella bacteriology (pullorum, gallinarum and arizonae) 131 per test
Proficiency test in respect of Salmonella serology (pullorum, gallinarum) 336 per test
Proficiency test in respect of Mycoplasma chicken serology (gallisepticum) 336 per test
Proficiency test in respect of Mycoplasma culture (gallisepticum and meleagridis) 281 per test
Proficiency test in respect of Mycoplasma turkey serology (gallisepticum and meleagridis) 336 per test
SCHEDULE 3
Regulation 7


Fees payable by applicants and operators in connection with activities for the purposes of the 2007 Regulations
Column 1Activity Column 2Fee (£)
Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) veterinary officer 23 per half hour or part half hour spent
person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer 12 per half hour or part half hour spent
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in a domestic collection centre or at unlicensed premises, or an application under regulation 10 of the 2007 Regulations for approval of the use of a bovine animal for collection of its semen or for use as a teaser animal at unlicensed premises 38
Considering an application under regulation 7 of the 2007 Regulations for approval of a bovine animal for use in an EU collection centre Bovine animal aged 6 months or under 187
Bovine animal aged over 6 months and in a same sex group 187
Bovine animal aged over 6 months and in a mixed sex group 368
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU quarantine centre 114
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU collection centre 146
Considering an application made under regulation 4 of the 2007 Regulations for a licence to operate an EU storage centre 63
Conducting an examination of a bovine semen centre under regulation 40 of the 2007 Regulations 14
SCHEDULE 4
Regulation 8


Fees payable in connection with activities for the purposes of the 1964 Regulations and the 1992 Regulations
Column 1Activity Column 2Fee (£)
1. Time spent carrying out the licensing or approval activities in this Table, in addition to each of the fees listed below (in this Table the “time fee”) unless specified in column 2 that this time fee is not applicable veterinary officer 23 per half hour or part half hour spent
person who is employed by the Scottish Ministers or the Secretary of State other than as a veterinary officer 12 per half hour or part half hour spent
Application for approval of boars to provide semen for the purpose of artificial insemination
2. 

(a) Considering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of permitted semen which will not be subject to intra-EU trade 92

(b) Considering an application for the approval of each additional boar examined at the same time 19 (time fee does not apply)
Routine testing of boars
3. Routine testing of boars at an artificial insemination centre from which semen is not subject to intra-EU trade up to a maximum of 10 boars 140
each additional boar tested on the premises 19
Operation of an artificial insemination centre
4. 

(a) Considering an application from an operator for an artificial insemination centre licence or approval 29

(b) Considering an application for approval of an alteration to licensed premises (in accordance with conditions attached to the licence) 29

(c) Routine examination of an artificial insemination centre 9
SCHEDULE 5
Regulation 9


Fees payable in connection with activities for the purposes of the 1995 Regulations
Column 1Activity Column 2Fee (£)
Time spent when carrying out inspections (in addition to the basic fees listed in this Table where the relevant facilities, premises or records require inspection) 23 per half hour or part half hour spent
Considering an application for approval of a single bovine embryo collection or production team where there is inspection of one laboratory 131
Considering an application for approval of each additional laboratory or store from the same applicant where that laboratory or store is located more than 8 kilometres away from other embryo teams inspected for approval 86
Considering an application for approval of an additional laboratory or store from the same applicant when the inspection is done on the same day and the laboratory or store is located 8 kilometres or less from other embryo teams inspected for approval 27
Considering an application for approval of: 60

— a bovine embryo transfer team; or
— a store under regulation 13 of the 1995 Regulations;
— a store under regulation 16 of the 1995 Regulations; or
— a store and its supervisor under regulations 16 and 19 of the 1995 Regulations, 
Considering an application for re-approval of a laboratory or a store following any alterations 71
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 70
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 41 for each additional team and laboratory or store
Considering an application for approval of a bovine embryo collection team or production team with no inspection of a laboratory 168
SCHEDULE 6
Regulation 10


Fees for inspecting consignments of animals from third countries and checking importation documentation at border inspection posts in accordance with regulation 13 of the Trade in Animals and Related Products (Scotland) Regulations 2012
Column 1Inspection of type of animal and checking documents Column 2Fee (£) per consignment
Poultry, ratites and small game birds 44
Live fish, aquatic animals and reptiles 40
Rabbits and rodents 44
Captive birds 44
Bees, other insects and invertebrates 40
Pets unaccompanied 44
Equidae 54
Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar 54
Animals not covered by any other category 44
Transhipment check of documents 44
SCHEDULE 7
Regulation 12


Column 1Reference Column 2Title Column 3Extent of revocation
S.I. 1995/2479 The Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 The whole Regulations
S.I. 1997/639 The Animals (Third Country Imports) (Charges) Regulations 1997 The whole Regulations
S.S.I. 2007/330 The Bovine Semen (Scotland) Regulations 2007 Regulations 41 and 42
S.S.I. 2007/421 The Porcine Semen (Fees) (Scotland) Regulations 2007 The whole Regulations
S.S.I. 2009/230 The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009 The whole Regulations
S.S.I. 2009/416 The Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2009 The whole Regulations
S.S.I. 2010/88 The Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2010 The whole Regulations
S.S.I. 2011/171 The Animal By-Products (Enforcement) (Scotland) Regulations 2011 Schedule 2, paragraphs 48 to 50
S.S.I. 2012/176 The Poultry Health Scheme (Fees) (Scotland) Regulations 2012 The whole Regulations