" and "fishery products" in its application to shellfish means bivalve molluscs which have been gathered from a class A designated bivalve production area, scallops other than aquaculture products, echinoderms, tunicates and marine gastropods.".

" B.
General conditions of hygiene applicable to persons working on or handling fishery products

"account period" means an account period determined under paragraph 4;

"actual costs" means actual costs determined in accordance with paragraph 2;

"relevant food authority" means the food authority to which a charge is payable under paragraph 6;

"specified pelagic fish" means - 

(a) herring of the species Clupea harengus,

(b) sardines of the species Sardina pilchardus,

(c) mackerel of the species Scomber scombrus or Scomber japonicus,

(d) horse mackerel,

(e) anchovies,

(f) picarels of the species Maena smaris;

"third country", except in the expression third country import, means any country or territory, other than Greenland, which does not comprise the whole or part of a member State or an EEA State;

"vendor" means - 

(a) where an agent sells fishery products on behalf of the owner or master of a vessel, that agent;

(b) in any other case, the owner or master of the vessel.

The calculation of actual costs
     2.  - (1) For the purposes of this Schedule, the actual costs of an inspection are the costs directly involved in carrying out a health inspection under these Regulations having regard to the following factors - 

(a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of all staff directly involved in the health inspection and all staff engaged in the management or administration of health inspections;

(b) the costs of in-service training for staff directly involved in the health inspection;

(c) any travelling costs and related incidental expenses incurred in carrying out an inspection except those incurred by a person attending his normal place of work;

(d) the costs of office accommodation, equipment and services for staff involved in carrying out inspections under these Regulations, including depreciation of any office furniture and equipment and also including the cost of information technology, stationery and forms;

(e) the costs of protective clothing and equipment used in carrying out the inspection;

(f) the costs of laundering protective clothing used for the inspection;

(g) sampling and analysis costs incurred in the inspection;

(h) the routine administrative costs of accounting and collecting charges and of providing pay-roll and personnel services in connection with the employment of staff carrying out the inspection.

    (2) Where any of the above factors relate only partly to the inspection in question, only the appropriate percentage of the costs shall be charged.

Sterling equivalents of euro
     3.  - (1) The sterling equivalent of any amount expressed in this Schedule as a number of euros shall be converted to sterling at the official rate as follows - 

(a) before 1st January 2000, at the rate of euro 1 equals £0.668484,

(b) after 31st December 1999, the rate for each subsequent year to 31st December shall be that which is published annually on the first working day of the preceding September in the C Series of the Official Journal of the European Communities.

    (2) Any reference in this Schedule to a specified number of euros shall be taken to be a reference to the sterling equivalent of that number calculated under this regulation.

Account period
     4.  - (1) For the purposes of this Schedule, the account period shall be one month or such longer period not exceeding 12 months as is determined by the food authority.

    (2) The account period shall be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of - 

(a) making returns; and

(b) collecting charges.

Recovery of charges
     5.  - (1) Any sum which may be recovered under this Schedule may be recovered as a civil debt.

    (2) Where the same duty is imposed by this Schedule on more than one person, the food authority may enforce it - 

(a) jointly against them, or any two or more of them, or

(b) separately against any one or more of them.

Food authorities, assessments and appeals

Charges to be paid to food authorities
     6.  - (1) Subject to the following provisions of this paragraph, a sum equal to the amount of any charge which is payable under this Schedule shall be payable to the food authority in whose area the obligation to pay it arises.

    (2) If in respect of landings of fishery products a chargeable transaction takes place before the fishery products are landed in Great Britain, a sum equal to the amount of any general landings charge under Part II or any third country direct landings charge under Part III which a vendor is required to include in the purchase price shall be payable by him to the food authority responsible for the checks provided for in Section II of Chapter V of Schedule 3 in respect of those products.

    (3) If an inspection is carried out on a factory vessel whilst it is abroad, a charge under paragraph 9 of Part II equal to the actual costs of carrying out those checks shall be payable by the owner or master of the vessel to the food authority which has carried them out.

    (4) Where a food authority becomes aware that any charge is due to it under this Schedule, it shall - 

(a) calculate the amount of the charge having regard to the information in its possession;

(b) give notice of the amount so calculated to any person from whom it may be collected;

(c) seek recovery of that amount from that person.

    (5) If a food authority is satisfied (as a result of receiving further information or otherwise) that a calculation made under sub-paragraph (4) is incorrect, it shall recalculate the charge and - 

(a) where it is more than the amount calculated under sub-paragraph (4), it shall recover the higher amount in accordance with that sub-paragraph;

(b) where it is less than the amount calculated under that sub-paragraph and that amount has not been recovered, it shall recover the lesser amount in accordance with that sub-paragraph;

(c) where no charge is payable or it is less than the amount calculated under that sub-paragraph, and that amount has been recovered, it shall repay the difference.

Appeals
     7.  - (1) A person may appeal against any decision of the food authority which imposes a charge under this Schedule.

    (2) The appeal shall be heard by a magistrates' court or, in Scotland, by the sheriff, and section 37(3) to (6) of the Act shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of the Act.

    (3) On an appeal, the court may - 

(a) confirm the decision of the food authority;

(b) determine any charge which is payable under this Schedule and, in particular, may reduce the amount of any charge by the reducible element where the food authority has not made this reduction;

(c) determine that no charge is payable.

    (4) Pending the outcome of the appeal the original amount of the charge shall remain payable, but if after the court's decision the amount of the charge needs to be recalculated, the new amount of the charge shall have effect from the date on which the original charge was made and the sum equal to that new amount shall be payable to the food authority.

    (5) If the court determines that the amount of any charge imposed under this Schedule is less than the amount which any person has paid to a food authority in respect of it, the overpayment shall be reimbursed by that authority.

Fees payable to more than one authority
     8. In any case where there is a deferred inspection and - 

(a) the food authority responsible for checks on vessels and on conditions of landing ("the general monitoring authority"); or

(b) the food authority responsible for the checks provided for in Section II of Chapter V of Schedule 3 ("the special checks authority"),

is different from the food authority to which a charge is required to be paid under this Schedule, the recipient authority shall remit to the general monitoring authority or, as the case may be, the special checks authority a sum equal to any amount received which is referable to checks for which the general monitoring authority or, as the case may be, the special checks authority are responsible.

"chargeable transaction" has the same meaning as in paragraph 2(1);

"general landings charge" means a charge calculated under paragraph 2;

"reducible element" means - 

(a) in relation to the general landings charge, the element in that charge which may be reduced under paragraph 3;

(b) in relation to the charge payable under paragraph 5 for fishery products landed from factory ships, the element in that charge which may be reduced under paragraph 7;

(c) in relation to the charge payable under paragraph 10 in respect of a preparation or processing establishment, the element in that charge which may be reduced under paragraph 12;

"relevant landed fishery products" means fishery products which - 

(a) were caught in their natural environment;

(b) have not or had not been on land prior to being landed;

(c) are or will be landed in Great Britain; and

(d) are intended for placing on the market for human consumption;

other than third country direct landings to which Part III applies or third country imports;