The Animals (Third Country Imports)(Charges) Regulations 1997

• Citation: S.I. 1997/639
• Sections: 8

Section 1 Title and commencement

These Regulations may be cited as the Animals (Third Country Imports) (Charges) Regulations 1997 and shall come into force on 1 April 1997.

Section 2 Interpretation

In these Regulations—

“Border Inspection Post” has the meaning given to it by article 1(2) and Schedule 2 of the Animals and Animal Products (Import and Export) Regulations 1995

“the Minister” means the Minister of Agriculture, Fisheries and Food.

“public holiday” means a Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971 , Christmas Day and Good Friday.

Section 3 Inspection of animals at a Border Inspection Post

Any person who imports an animal into Great Britain in accordance with the provisions of Part III of the Animals and Animal Products (Import and Export) Regulations 1995 shall pay to the Minister a charge for the veterinary and health inspection carried out on the animal, in accordance with Council Directive 96/43/ EEC (amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC ).

Section 4 Payment of charges

(1) Subject to paragraphs (2) and (3) below, the charge for an inspection of an animal at a Border Inspection Post shall be in accordance with the Schedule to these Regulations.

(2) Where an inspection begins after 5.00pm and before 8.30am on any day other than a Saturday or a Sunday, the charge shall be increased by 50%.

(3) Where an inspection takes place on a Saturday, a Sunday or a public holiday the charge shall be increased by 100% and an additional sum of £50.00.

(4) For the purposes of these Regulations payment of the charge shall be in sterling and may be made by means of cash, a cheque drawn on a United Kingdom clearing bank, a bank guarantee or a bank deposit.

Section 5 Detention of animals at the Border Inspection Post

(1) An animal in respect of which a charge is due in accordance with Regulation 4 above, may be detained at the Border Inspection Post until such time as the person importing it has paid the charge in full.

(2) The person importing an animal detained in accordance with paragraph 1 above, shall be liable for the cost of detaining it until the charge is paid.

(3) Where the charge remains unpaid, the Minister may, at any time, serve a notice on the person importing the animal requiring him to pay the charge within a specified period.

Section 6 Detention of animals at premises other than Border Inspection Posts

The Minister may, at any time, serve a notice on a person importing an animal into Great Britain in respect of which a charge under Regulation 4 is due, requiring him to—

(a) pay the charge within a specified period, and

(b) detain the animal, at his own expense at such premises, other than a Border Inspection Post, as a veterinary inspector may deem appropriate.

Section 7 Power of seizure

(1) Where a notice has been served in accordance with Regulations 5 or 6 above, and the person on whom it was served has failed to comply with it, the Minister may seize, and sell or otherwise dispose of the animal to which the notice relates.

(2) The proceeds of sale will be used to discharge any sum which may be due to the Minister and any balance will be paid to the person importing the animal.

Section 8 Power of recovery

The Minister may recover any sum due to him by virtue of these Regulations.