Citation, application and commencement

1.—(1) These Regulations may be cited as the Meat (Hygiene and Inspection) (Charges) (Amendment) (Wales) Regulations 2001.

(2) These Regulations apply to Wales only and come into force on 1st April 2001.

Amendments to the Meat (Hygiene and Inspection) (Charges) Regulations 1998

2.—(1) The Meat (Hygiene and Inspection) (Charges) Regulations 1998(6) shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (1) of regulation 2 (interpretation), in the definition of “accounting period”, the words “of less than a year” shall be inserted before the word “determined”.

(3) In regulation 3 (charges), paragraphs (5) and (6) shall be omitted.

(4) In regulation 3(10) the words “or (5)” shall be omitted.

(5) In the Schedule (calculation of the inspection charge), paragraph 1 shall be omitted and the following paragraph inserted—

“1.  Subject to paragraphs 1A, 2, 3 and 4 below, the inspection charge payable by the occupier of any premises for any accounting period shall be the lower of—

(a)the sum of—

(i)the standard charge incurred in relation to those premises for that period, and

(ii)any additional charge incurred in relation to those premises for that period by virtue of paragraph 8A below; and

(b)the time costs generated by those premises for that period.”.

(6) In the Schedule, the following paragraph is inserted between paragraphs 1 and 2—

“1A.—(1) This paragraph applies where the inspection charge calculated under paragraph 1 above for any accounting period (amount A), when added to the inspection charge payable in respect of all earlier accounting periods falling within the same financial period (amount B), produces a total (amount C) which is greater than the amount of the inspection charge which would be payable under paragraph 1 above if those accounting periods were one accounting period (amount D).

(2) Where this paragraph applies, the inspection charge payable by an occupier for an accounting period shall be the amount by which amount D exceeds amount B.

(3) in this paragraph, “financial period” means a period commencing on the Monday immediately following the last Sunday in March in any year and ending on the last Sunday in March in the following year.”.

(7) In the Schedule, paragraph 2 shall be omitted and the following paragraph inserted—

“2.  The inspection charge payable in relation to inspections at a repackaging centre shall be the time costs.”.

(8) In the Schedule, paragraphs 3 to 5 shall be omitted and the following paragraphs inserted—

“3.  The inspection charge payable by the occupier of a slaughterhouse or cutting premises for any accounting period shall not be lower than 45% of the standard charge incurred in relation to those premises for that period.

4.  The inspection charge payable in relation to inspections at a cold store shall be determined in accordance with paragraph 12 below.”.

(9) In the table in paragraph 6 of the Schedule, the following entries are inserted at the end of the first column—

“Ostriches and other ratites

Land mammals and birds of a type not mentioned above”,

and the figure “1.3” is inserted into the third column of that table opposite to each of those new entries.

(10) In the Schedule, in paragraph 7—

(a)the words “any cutting operations carried out on” shall be omitted;and

(b)the words “entering the cutting room” to the end shall be omitted and the words “brought into those premises during that period” inserted in their place.

(11) In the Schedule, after paragraph 8, there shall be inserted the following paragraphs—

“8A.—(1) Where in respect of an accounting period the Agency finds that it has incurred increased costs because of inefficiency in the operation of premises, the Agency may in accordance with this paragraph add an additional charge to the standard charge payable in relation to the premises for that period.

(2) The additional charge shall be a sum equal to the time costs generated by the inefficiency for the accounting period concerned.

(3) The Agency may not make an additional charge in accordance with this paragraph unless it has notified the occupier of its intention to do so.

(4) The notification referred to in sub-paragraph (3) above shall be given as soon as is practicable after the Agency has concluded that it wishes to make an additional charge in accordance with this paragraph.

(5) For the purposes of this paragraph “inefficiency” means an inefficiency on the part of the occupier and shall include in particular—

(a)delay in the start of slaughtering attributable to the occupier;

(b)mechanical breakdown caused by lack of maintenance;

(c)enforcement action taken by the Agency or an inspector;

(d)under-employment of inspectors caused by the occupier’s failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub-paragraph (6) below;

(e)insufficient provision of slaughter staff caused by the occupier’s failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub-paragraph (6) below;

(f)delays attributable to risks to the health and safety of inspectors attributable to the occupier; and

(g)any change to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub-paragraph (6) below which is attributable to the occupier.

(6) For the purposes of sub-paragraph (5)(d), (e) and (g) above, the Agency and the occupier shall agree working hours and working practices and shall keep the working hours and working practices so agreed under review.

(7) Where, following any such review, it appears to the Agency and the occupier that it is appropriate to do so, they may vary any working hours or working practices agreed pursuant to sub-paragraph (6) above.

(8) Where any working hours or working practices have been varied pursuant to sub-paragraph (7) above they shall be treated as having been agreed pursuant to sub-paragraph (6) above.

(9) No additional charge may be made in accordance with this paragraph in respect of any increased costs incurred because of any variation in working hours or working practices which does not alter the working hours or working practices which have been agreed in accordance with sub-paragraph (6) above.

8B.—(1) An occupier who does not agree that an additional charge is payable in accordance with paragraph 8A above may request that the question be determined by a person nominated for the purpose pursuant to sub-paragraph (3)(a) below.

(2) A request under sub-paragraph (1) above shall be made within 1 week of the Agency giving the occupier notice under paragraph 8A(3) above.

(3) Where an occupier makes a request under sub-paragraph (1) of this paragraph—

(a)the Agency shall nominate a person to determine the question from the list established under sub-paragraph (4) of this paragraph;

(b)the person so nominated shall give the occupier and the Agency an opportunity to make representations on the question to be determined;

(c)the person so nominated shall, within 1 month of being appointed, decide whether an additional charge is payable and shall notify the occupier and the Agency of his decision.

(4) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent occupiers before including any person on the list.”.

(12) In the Schedule, paragraph 12 shall be omitted and the following paragraph inserted—

“Cold Stores

12.—(1) The inspection charge for a cold store with a storage capacity—

(a)of less than 100 cubic metres;

(b)of 100 cubic metres or more but not more than 25,000 cubic metres; or

(c)of more than 25,000 cubic metres,

shall be calculated by multiplying the sum determined by the Agency in accordance with the following sub-paragraphs of this paragraph for cold stores of that storage capacity by the number of inspections carried out at the cold store concerned in an accounting period.

(2) The Agency shall from time to time determine the sum used for the purpose of calculating the inspection charge for cold stores of each storage capacity specified in sub-paragraph (1) above having regard to the cost of providing inspections at cold stores of that storage capacity.

(3) The sum determined by the Agency under sub-paragraph (2) above for the purpose of calculating the inspection charge for cold stores of a given storage capacity shall reflect the salary costs and fees of the inspectors carrying out inspections at cold stores of that storage capacity and such proportion of the administrative costs as the Agency considers it proper to apportion to carrying out inspection at such cold stores.

(4) Before determining any sum in accordance with sub-paragraph (2) above, the Agency shall consult such occupiers as are likely to be affected by that sum.”.

(13) In the Schedule, paragraph 13 shall be omitted and the following paragraph inserted—

“13.  The Agency shall determine the hourly rate applicable to inspectors, and may determine different rates for different inspectors or different classes of inspector, having regard to the level of qualifications and experience of different inspectors or classes of inspector and to the cost of providing inspections by different inspectors or classes of inspector. The Agency may vary any rate determined pursuant to this paragraph where, having regard to the factors set out in paragraphs 14 and 15 below, it appears to the Agency to be necessary to do so.”.

(14) In the Schedule, in paragraph 14—

(a)after “rate for any”, there shall be inserted “inspector or”;

(b)in paragraph (a), the words “of inspectors of that class” shall be omitted and there shall be inserted in their place “and other costs of providing inspections by that inspector or that class of inspector.”.

(15) In the Schedule, in paragraph 15, the words “paragraph 14(b)” shall be omitted and the words “paragraphs 12(3) and 14(b)” inserted.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations (which apply to Wales only) make further amendments to the Meat (Hygiene and Inspection) (Charges) Regulations 1998 (S.I. 1998/2095) in their application to Wales. Those Regulations implemented in Great Britain the provisions relating to charges for meat inspections of Council Directive 85/73/EEC, an amended and consolidated text of which is annexed to Council Directive 96/43/EC (OJ No. L162, 1.7.96, p.4).

2.  These Regulations change the basis on which the charges required by that Directive to be levied for meat hygiene inspections are calculated in Wales. The revised basis for calculating those charges remains compatible with Council Directive 85/73/EEC.