Citation, commencement and extent

1.—(1) These Regulations may be cited as the Charges for Residues Surveillance Amendment (Scotland) Regulations 2024 and come into force on 1 October 2024.

(2) These Regulations extend to Scotland only.

Amendments to the Charges for Residues Surveillance Regulations 2006

2.—(1) The Charges for Residues Surveillance Regulations 2006( 4) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “carcase” insert—

““ competent authority ” has the meaning given in Article 3(3)(a) of the Official Controls Regulation; ”,

(b) after the definition of “milk” insert—

““ the Official Controls Regulation ” means Regulation (EU) 2017/625 of the European Parliament and of the Council 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( 5) ”.

(3) In regulation 3 (liability for and recovery of charges for residues surveillance)—

(a) for paragraph (1), substitute—

“(1)  In respect of costs incurred by a competent authority in carrying out the official controls required by Article 150(1) of the Official Controls Regulation on the animals, fish and animal products listed in the first column of Schedule 1, the competent authority shall, except where paragraph (7) applies—

(a) for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed within the period beginning with 1 October 2024 and ending with 31 March 2025, charge the amount specified in the corresponding entry in the second column of that Schedule; and

(b) for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed on or after 1 April 2025, charge the amount specified in the corresponding entry in the third column of that Schedule. ”,

(b) in paragraph (2)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) for “him” in both places it occurs substitute “the competent authority”,

(c) in paragraph (5)—

(i) for “The Secretary of State” substitute “A competent authority”,

(ii) for “he” substitute “the competent authority”,

(iii) for “his” substitute “the”,

(d) in paragraph (6)—

(i) for “If the Secretary of State” substitute “If a competent authority”,

(ii) for “he” substitute “the competent authority”,

(iii) in subparagraph (c) for “he” substitute “the competent authority”,

(e) in paragraph (8)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) for “his agent” substitute “the competent authority’s agent”,

(iii) for “his inspection” substitute “the inspection”,

(f) in paragraph (9)—

(i) for “Secretary of State” substitute “competent authority”,

(ii) in subparagraph (c) for “he will” substitute “the competent authority will”.

(4) In regulation 4 (information, offences and enforcement)—

(a) in paragraph (1)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) in subparagraph (a) for “Secretary of State” substitute “competent authority”,

(iii) in subparagraph (b)—

(aa) for “Secretary of State” substitute “competent authority”,

(bb) for “him” substitute “the competent authority”,

(b) in paragraph (3)—

(i) for “the Secretary of State” substitute “a competent authority”,

(ii) for “him” substitute “the competent authority”,

(c) for paragraph (4) substitute—

“(4)  These Regulations shall be enforced by—

(a) the Scottish Ministers,

(b) Food Standards Scotland, or

(c) the food authority,

where they are the competent authority. ”.

(5) For Schedule 1( 6) substitute—

Regulation 3(1)

“SCHEDULE 1 Residues surveillance charges

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Charges for Residues Surveillance Regulations 2006 ( S.I. 2006/2285).

Amendments are made to regulations 2, 3 and 4 of the 2006 Regulations to allow costs incurred in carrying out the inspections and controls in relation to surveillance of animals and animal products for residues of veterinary medicinal products and other substances to be recoverable by the competent authority performing the official controls.

These amendments also vary the fees required to be paid in relation to surveillance of animals and animal products for residues of veterinary medicinal products and other substances.

Changes to fees are itemised in the table below.