Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 and come into force on 1st July 2023.

(2) These Regulations extend to England and Wales.

(3) In these Regulations, a reference to the numbered position of a row in a table is a reference to its position not counting the row containing the column headings of that table.

Amendment of the Animal By-Products and Pet Passport Fees (England) Regulations 2018

2. —(1)The Animal By-Products and Pet Passport Fees (England) Regulations 2018( 3 ) are amended as follows.

(2) In regulation 3—

(a) in paragraph (2) for “Article 45” substitute “Article 20 of the Official Controls Regulation” ;

(b) in paragraph (4) after the definition of “EU Control Regulation” insert—

“ “ Official Controls Regulation ” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ( 4 ) ; ” .

(3) Omit regulation 4.

(4) In the Schedule—

(a) in Table 1, for the second and third columns substitute—

(b) in Table 2—

(i) in the table heading, for “Article 45 of the EU Control Regulation” substitute “Article 20 of the Official Controls Regulation” ;

(ii) in the first column, for “EU Control Regulation” in each place it occurs substitute “Official Controls Regulation” ;

(iii) for the second and third columns substitute—

Amendment of the Animal Health (Miscellaneous Fees) (England) Regulations 2018

3. —(1)The Animal Health (Miscellaneous Fees) (England) Regulations 2018( 5 ) are amended as follows.

(2) In regulation 2—

(a) for “border inspection post” substitute “border control post” ;

(b) for the definition of “poultry health scheme” substitute—

“ “ poultry health scheme ” means the scheme established by the Secretary of State governing the export or movement of birds or hatching eggs to the EU, Northern Ireland or specified non-EU countries, published on 22nd July 2021 ( 6 ) ; ” .

(3) After regulation 2 insert—

“ Fees payable where an activity is carried out over a period during which different fees apply

2A. If any activity for which a fee is payable under these Regulations is carried out over a period during which different fees apply, the fee payable in relation to that activity is—

(a) where the activity is carried out as part of an application, the fee that applied on the date the application is received;

(b) otherwise, the fee that applied on the date the activity is commenced. ” .

(4) In regulations 4(1)(a), (b) and (c), 5(a), 6(1), 7 and 8(1) after “column 2”, insert “or column 3” .

(5) In regulation 9, and in the heading to that regulation, for “border inspection posts” substitute “border control posts” .

(6) In Schedule 1—

(a) in Table 1—

(i) for Column 2 substitute—

(ii) after Column 2 insert—

(b) in Table 2—

(i) in Column 1 in the second row—

(aa) for “and” substitute “for” ;

(bb) omit the words from “based upon” to the end;

(ii) for Column 2 substitute—

(iii) after Column 2 insert—

(c) in Table 3—

(i) for Column 2 substitute—

(ii) after Column 2 insert —

(7) In Schedule 2—

(a) in Table 1—

(i) for Column 2 substitute—

(ii) after Column 2 insert—

(b) in Table 2, for Column 2 substitute—

(8) In the Table in Schedule 3—

(a) in Column 1—

(i) in the fourth row for “an EC collection centre” substitute “a licensed collection centre” ;

(ii) in the fifth row for “an EC quarantine centre” substitute “a licensed quarantine centre” ;

(iii) in the sixth row—

(aa) for “an EC” substitute “a licensed collection centre” ;

(bb) for “or EC” substitute “or a licensed storage centre” ;

(iv) in the eighth row for “for domestic or EC use” substitute “for domestic use or for use for trade with a member State” .

(b) for Column 2 substitute—

(c) after Column 2 insert—

(9) In Schedule 4, in the Table—

(a) for Column 2 substitute—

(b) after Column 2 insert—

(10) In Schedule 5, in the Table—

(a) in the third row of Column 1—

(i) after the words “a bovine embryo transfer team” insert “under regulation 4 of the 1995 Regulations;” ;

(ii) omit “a store under regulation 13 of the 1995 Regulations;”;

(iii) after the words “(with or without an inspection of a laboratory)” insert “under regulation 6 or 7 of the 1995 Regulations;” ;

(b) for Column 2 substitute—

(c) after Column 2 insert—

(11) In Schedule 6—

(a) in the heading to that Schedule and in the heading to Table 1, for “border inspection posts” substitute “border control posts” ;

(b) for Table 1 substitute—

(c) in Table 2, for Column 2 substitute—

(d) in Table 3, for Column 2 substitute—