Statutory Instruments of the Scottish Parliament

"accounting period" means a period of less than a year determined by the Agency;

"the Agency" means the Food Standards Agency;

"agreed slaughterhouse staff costs" means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered–

(a) the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers' pension contributions and employers' National Insurance contributions) paid to the staff at that slaughterhouse, in respect of an accounting period, which the Agency and the operator of the slaughterhouse agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus

(b) 25% of that sum;

"cutting plant" means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which–

(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 8; and



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

     2. —(1) This paragraph applies where the official controls charge calculated under paragraph 1 for any accounting period (amount A), when added to the official controls 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 official controls charge which would be payable under paragraph 1 if those accounting periods were one accounting period (amount D).

    (2) Where this paragraph applies, the official controls charge payable by an operator 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.

     3. The official controls charge payable by the operator of a slaughterhouse, game-handling establishment or cutting plant for any accounting period shall not be lower than 45% of the standard charge incurred in relation to those premises for that period.

The standard charge
     4. The standard charge for any accounting period (expressed in Euro) payable by the operator of a slaughterhouse shall be calculated by multiplying the rate given in the following Table applicable to animals of a particular type by the number of animals of that type slaughtered or as the case may be dressed there during that period.

     5. The standard charge for any accounting period (expressed in Euro) payable by the operator of a game-handling establishment in respect of wild game dressed there during that period shall be calculated by multiplying the rate given in the following Table applicable to animals of a particular type by the number of animals of that type dressed there during that period.

Species	Type	Rate per type of animal in Euro
Bovines	bovine animals aged 6 weeks or more at slaughter	4.5
	bovine animals aged less than 6 weeks old at slaughter	2.5
Equidae and other solipeds		4.4
Pigs including wild boar	carcase weight less than 25 kg	0.5
	carcase weight greater than or equal to 25 kg	1.3
Sheep, goats and other ruminants not listed elsewhere in this Table	carcase weight less than 12 kg	0.175
	carcase weight between 12 and 18 kg inclusive	0.35
	carcase weight greater than 18 kg	0.5
Poultry, rabbits, small game birds and ground game	all broilers; all cast hens; other poultry, rabbits, small game birds and ground game weighing less than 2 kg	0.01
	poultry (not being broilers or cast hens), rabbits, small game birds and ground game weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.02
	poultry (not being broilers or cast hens), rabbits, small game birds and ground game (all being adult) and weighing at least 5 kg	0.04
Ostriches and other ratites		1.3
Land mammals and birds of a type not mentioned above		1.3

     6. The standard charge for any accounting period (expressed in Euro) payable by the operator of a cutting plant or of a game-handling establishment in relation to meat cut up or boned there shall be calculated by multiplying by 3 the number of tonnes of meat brought into the plant or establishment concerned during that period.

     7. The standard charge (expressed in Euro) shall be converted into sterling by multiplying it by the Euro/Sterling conversion rate applicable in the year the official control was carried out.

     8. —(1) Where in respect of an accounting period the Agency incurs increased costs because of inefficiency in the operation of premises, it may, in accordance with this paragraph, add an additional charge to the standard charge incurred 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 operator of its intention to do so.

    (4) The notification referred to in sub-paragraph (3) 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 inefficiency on the part of the operator and shall include in particular–

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

(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 operator's failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub paragraph (6);

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

(f) delays caused by risks to the health or safety of inspectors attributable to the operator; and

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

    (6) For the purposes of sub-paragraph (5)(d), (e) and (g), the Agency and the operator 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 operator that it is appropriate to do so, they may by further agreement vary any working hours or working practices agreed pursuant to sub-paragraph (6).

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

    (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).

     9. —(1) An operator who does not agree that an additional charge is justified under paragraph 8 may request that the question be determined by a person nominated for the purpose pursuant to sub-paragraph (3)(a).

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

    (3) Where an operator makes a request under sub-paragraph (1)–

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

(b) the person so nominated shall give the operator 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 nominated, decide whether an additional charge is payable and shall notify the operator and the Agency of that decision;

(d) the decision notified under sub-paragraph (c) shall be binding on the operator and the Agency; and

(e) the Agency shall give effect to the decision so notified.

    (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 operators before including any person on the list.

Time costs
     10. The time costs in relation to any premises in any accounting period shall (subject to paragraphs 11 and 12) be calculated by–

(a) multiplying the time (expressed in hours and fractions of an hour) spent by each inspector exercising official controls at those premises in the period by the hourly rate applicable to that inspector determined or varied in accordance with paragraphs 13 to 16;

(b) adding the results together; and

(c) adding any agreed slaughterhouse staff costs for that period.

     11. The time costs in respect of any official controls shall include any overtime payments or other similar allowances made to the inspector concerned under that person's contract of employment or contract for services for exercising those official controls.

     12. In determining the total time spent in exercising official controls, any time spent by an inspector–

(a) in travelling to or from premises at which that person exercises official controls and for which that person is paid under a contract of employment or contract for services;

(b) at any premises to which that person has gone for the purpose of exercising official controls and for which that person is paid under a contract of employment or contract for services (regardless of whether or not that person is able to exercise official controls there); and

(c) at any other place–


(i) when that person is available for exercising official controls but is not in fact exercising any such controls, and

(ii) for which payment is made under that person's contract of employment or contract for services,



shall be counted as if it were time when the inspector was exercising official controls.

     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 exercising official controls by different inspectors or classes of inspector.

     14. The hourly rate for any inspector or class of inspector shall be calculated so as to reflect–

(a) the mean salary costs and fees (including employers' pension contributions and employers' National Insurance contributions, but excluding any additional costs taken into account pursuant to paragraph 11) and other costs of providing official controls by that inspector or class of inspector; and

(b) such proportion of the administrative costs of the exercise of official controls as the Agency considers it proper to apportion to that hourly rate.

     15. For the purposes of paragraph 14(b), "administrative costs" means all costs reasonably incurred in exercising official controls including in particular the costs of–

(a) post-qualification training given to inspectors of a particular class in relation to the performance of their functions as a member of that class;

(b) the salaries (including the cost of overtime, and employers' pension contributions and employers' National Insurance contributions) of the staff other than inspectors engaged in the exercise of official controls, and such proportion of inspectors' remuneration as is not directly accounted for in the calculation of time costs;

(c) providing office accommodation, equipment and services in relation to the exercise of official controls, including depreciation of any office furniture and equipment and also of providing information technology, stationery and forms;

(d) protective clothing and equipment used in exercising official controls and of laundering such clothing;

(e) accounting and collecting charges and of providing pay-roll and personnel services in connection with the employment of inspectors; and

(f) other expenses and overheads incurred by or in relation to–


(i) inspectors exercising official controls, and

(ii) other staff engaged in the administration of those controls.

     16. The Agency may vary any rate determined pursuant to paragraph 13 where, having regard to the factors set out in paragraphs 14 and 15, it appears to it to be necessary to do so.

     17. Prior to determining or varying hourly rates in accordance with paragraphs 13 to 16, the Agency shall consult such operators as are likely to be affected by those rates.

Definitions
     18. —(1) In this Schedule–

(a) "official auxiliary" and "official veterinarian" have the meanings respectively given to them in Article 2.1(h) and (f) of Regulation 854/2004;

(b) "inspector" means an official veterinarian or an official auxiliary;

(c) "the standard charge" means, in relation to any slaughterhouse, game-handling establishment or cutting plant for any accounting period, the charge calculated in accordance with paragraph 4, 5 or 6, as the case may be, converted into Sterling in accordance with paragraph 7;

(d) "the Euro/Sterling conversion rate" applicable in respect of any given year is–


(i) for 2006, 1 Euro = £0.68290, and

(ii) in each subsequent year, the rate published in the C Series of the Official Journal of the European Communities on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter;



(e) "time costs" means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 10 to 12; and

(f) "wild game" has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.

(a) require the Food Standards Agency ("the Agency") to notify the operator of each slaughterhouse, game-handling establishment and cutting plant in which official controls have been exercised of the official controls charge that has arisen in relation to those officials controls (the terms "slaughterhouse", "game-handling establishment", "cutting plant", "official controls" and "official controls charge" are all defined in regulation 2) (regulation 3);

(b) provide that any official controls charge so notified is payable by the operator to the Scottish Ministers on demand or to the Agency on their behalf (regulation 3(4));

(c) allow the Scottish Ministers to direct the Agency to refuse to exercise any further official controls at given premises where, despite a Court order requiring the operator of the premises to pay the official controls charge for which the operator is liable, that operator fails to comply with the order (regulation 4);

(d) require persons–


(i) to supply the Agency on demand with such information as it may reasonably require for the purpose of calculating the official controls charge or notifying the operator of it, and

(ii) to supply the Agency on demand with such evidence as it may reasonably require to verify that information (regulation 5(1));



(e) provide that a person who–



(i) in response to a demand for information or evidence knowingly or recklessly furnishes false or misleading information, or

(ii)

(iii) without reasonable excuse fails to comply within a reasonable time with a demand for information or evidence,



is guilty of an offence (regulation 5(2));

Schedule 2 to these Regulations sets out how the official controls charge is to be calculated.

No regulatory impact assessment has been produced for these Regulations as they have no impact on costs of business.