Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015
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Version as at 1 July 2024
Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015
(LI 2015/93)
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 11th day of May 2015
Present:
The Right Hon John Key presiding in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry for Primary Industries.
Pursuant to sections 75, 81D, 81E, and 81H of the Agricultural Compounds and Veterinary Medicines Act 1997, His Excellency the Governor-General makes the following regulations, acting—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Food Safety after—
(i)
being satisfied that the requirements of sections 81 and 81B of that Act have been met; and
(ii)
taking into account the results of consultation in accordance with section 78 of that Act.
Regulations
1 Title
These regulations are the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015.
2 Commencement
These regulations come into force on 1 July 2015.
Regulations: confirmed, on 11 December 2015, by section 7 of the Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119).
3 Interpretation
In these regulations, unless the context otherwise requires, Act means the Agricultural Compounds and Veterinary Medicines Act 1997.
3A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Regulation 3A: inserted, on 1 July 2019, by regulation 4 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
4 Fees and charges
(1)
The fees and charges set out in Schedule 1 are payable in respect of the matters to which they relate.
(2)
The fees and charges are exclusive of goods and services tax.
Regulation 4 heading: replaced, on 1 July 2019, by regulation 5(1) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Regulation 4(1): amended, on 1 July 2019, by regulation 5(2) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Regulation 4(2): amended, on 1 July 2019, by regulation 5(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
4A Levy
(1)
A levy is payable in respect of the matters set out in the first column of the table in Schedule 2. The levy is payable by the persons specified in the second column of that table.
(1A)
The rate of the levy is—
(a)
$985 for the financial year beginning on 1 July 2024:
(b)
$1,199 for subsequent financial years.
(2)
The levy is exclusive of goods and services tax.
(3)
[Revoked](4)
[Revoked](5)
[Revoked](6)
[Revoked](7)
[Revoked](8)
[Revoked]Regulation 4A: inserted, on 1 July 2019, by regulation 6 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Regulation 4A heading: replaced, on 1 July 2024, by regulation 4(1) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(1A): inserted, on 1 July 2024, by regulation 4(2) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(3): revoked, on 1 July 2024, by regulation 4(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(4): revoked, on 1 July 2024, by regulation 4(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(5): revoked, on 1 July 2024, by regulation 4(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(6): revoked, on 1 July 2024, by regulation 4(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(7): revoked, on 1 July 2024, by regulation 4(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 4A(8): revoked, on 1 July 2024, by regulation 4(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
5 When fees, charges, and levy payable
The fees and charges set out in Schedule 1 and the levy under regulation 4A are payable—
(a)
on the making of the relevant application or on the performance of the relevant service, as the case may require; or
(b)
in the case of fees payable annually and the levy, by 1 October every year.
Regulation 5 heading: amended, on 1 July 2024, by regulation 5(1) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 5: amended, on 1 July 2024, by regulation 5(2)(a) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 5(b): amended, on 1 July 2024, by regulation 5(2)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
6 Director-General may grant exemption, waiver, or refund
(1)
The Director-General may grant an exemption from, or may waive or refund, any fee or charge set out in Schedule 1 or the levy under regulation 4A, in whole or in part, in any particular case or class of case.
(2)
The power conferred by subclause (1) includes power to grant an exemption, waiver, or refund in any of the circumstances described in section 44ZO(1)(a) to (c) of the Act.
(3)
An instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
| Legislation Act 2019 requirements for secondary legislation made under this regulation | ||||
| Publication | It is not required to be published | LA19 s 73(2) | ||
| Presentation | It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019 | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the secondary legislation. | ||||
Regulation 6(1): amended, on 1 July 2024, by regulation 6 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Regulation 6(3): inserted, on 28 October 2021, by regulation 11 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).
7 Revocation
The Agricultural Compounds and Veterinary Medicines (Fees and Charges) Regulations 2002 (SR 2002/135) are revoked.
Schedule 1AA Transitional, savings, and related provisions
Schedule 1AA: inserted, on 1 July 2019, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Part 1 Provision relating to Agricultural Compounds and Veterinary Medicines Amendment Regulations 2019
Schedule 1AA Part 1: inserted, on 1 July 2019, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
1 Rate of levy
(1)
Until the close of 30 June 2024, the rate of the levy—
(a)
is $540; and
(b)
must be treated as being notified under regulation 4A(3).
(2)
The rate of the levy prescribed under subclause (1) applies to the 2019 financial year and all subsequent years until the close of 30 June 2024.
Schedule 1AA clause 1: inserted, on 1 July 2019, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Schedule 1AA clause 1(1): amended, on 1 July 2024, by regulation 7(a) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1AA clause 1(2): amended, on 1 July 2024, by regulation 7(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Fees and charges
Schedule 1: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Part 1 Fees and charges
Schedule 1 Part 1: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
| Matter for which fee or charge payable | Fee or charge* | Fee or charge payable by | |||
|---|---|---|---|---|---|
| 1 | Consideration by an ACVM officer whether to give authority or clearance under section 5 or 6 of the Act, including determining which of the categories in section 6(1) of the Act goods fall under |
$38.875 per authority or clearance Plus assessment charge on hourly basis after the first 15 minutes, as specified in Part 2 |
The importer | ||
| 2 | Application under section 8C of the Act for approval of the importation, manufacture, sale, or use of an agricultural compound without registration |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 3 | Assessing whether an application to register a trade name product complies with section 10 of the Act |
$114 per application Plus assessment charge on hourly basis after the first 30 minutes, as specified in Part 2 |
The applicant | ||
| 4 | Responding to inquiries about form and content of applications under section 10 of the Act |
$228 per inquiry Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The inquirer | ||
| 5 | Application under section 9 of the Act to register a trade name product or to vary 1 or more conditions on a registered trade name product |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 6 | Considering waiver of notice under section 15 of the Act |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 7 | Registering in the register of trade name products, in accordance with section 21(1)(d) of the Act, a trade name product or a variation of 1 or more conditions on a registered trade name product | $684 per registration or variation | The applicant | ||
| 8 | Inspecting the register of registered trade names in accordance with section 24(5) of the Act |
$228 per inspection Plus inspection charge on hourly basis after the first hour, as specified in Part 2 |
The person inspecting the register | ||
| 9 | Application to provisionally register a trade name product of an agricultural compound under section 26 of the Act |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 10 | Application for approval of an operating plan under section 28 of the Act, or Director-General giving notice of an amendment to, or revocation of, an approval of an operating plan |
$228 per application or notice Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant or person to whom notice is given | ||
| 11 | Monitoring compliance with conditions imposed (whether on the registrant, importer, manufacturer, seller, purchaser, or user) under the Act or regulations made under the Act |
$228 Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The person to whom the conditions apply | ||
| 12 | Suspension under section 30A of the Act of the registration of a trade name product registered under section 21 or 27 of the Act |
$228 per suspension Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The registrant | ||
| 13 | Application under section 35C of the Act for the Director-General to issue a certificate of compliance under section 35A of the Act |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 14 | Recall of an agricultural compound under section 35G of the Act |
$228 per recall Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The person to whom the recall notice is directed | ||
| 15 | Application for recognition under section 44C, 44E, or 44G of the Act |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 16 | Recognition of a person under section 44F of the Act without an application |
$228 per recognition Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The person who is recognised | ||
| 17 | Application for renewal of recognition under section 44Q of the Act |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 18 | Application under section 44S of the Act for a new notice of recognition in substitution for an existing notice of recognition |
$228 per application Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The applicant | ||
| 19 | For each year for which an agency or a person is recognised in accordance with section 44T of the Act |
$228, payable annually Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The recognised agency or recognised person | ||
| 20 | Inspection in accordance with section 64 of the Act for the purpose of enforcing provisions of the Act |
$228 per inspection Plus assessment charge on hourly basis after the first hour, as specified in Part 2 |
The person being inspected | ||
| 21 | Performance or exercise of a function, duty, or power that is—(a)required to be undertaken under the Act, including under any regulations or notices; and (b)not prescribed elsewhere in these regulations |
$114 per application Plus assessment charge on hourly basis after the first 30 minutes, as specified in Part 2 |
The person whose actions resulted in the function, duty, or power being required to be performed or exercised | ||
| *Fee or charge exclusive of any applicable costs payable under Part 3 or 4 | |||||
Schedule 1 Part 1 item 1: amended, on 1 July 2024, by regulation 8(1)(a) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 2: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 3: amended, on 1 July 2024, by regulation 8(1)(c) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 4: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 5: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 6: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 7: amended, on 1 July 2024, by regulation 8(1)(d) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 8: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 9: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 10: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 11: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 12: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 13: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 14: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 15: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 16: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 17: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 18: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 19: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 20: amended, on 1 July 2024, by regulation 8(1)(b) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 1 Part 1 item 21: amended, on 1 July 2024, by regulation 8(1)(c) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Part 2 Assessment and inspection charges on hourly basis
Schedule 1 Part 2: replaced, on 1 July 2024, by regulation 8(2) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Where Part 1 provides for an assessment or inspection charge on an hourly basis after the first 15 minutes, 30 minutes, or hour spent on a matter (the initial period), the hourly rate for time spent by a person (whether or not employed by the Ministry) on the matter beyond the initial period is as follows, and is payable in 15-minute increments:
| Matter | Hourly rate ($) | ||||
|---|---|---|---|---|---|
| Item 1 in table in Part 1 | 155.50 | ||||
| Items 2 to 6 and 8 to 21 in table in Part 1 | 228 | ||||
Part 3 Costs incurred by Ministry
Schedule 1 Part 3: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
1
Actual and reasonable costs, including actual and reasonable incidental and additional costs incurred by a Ministry employee, or a person engaged by the Ministry who is not an employee, may be recovered by the Ministry where those costs arise from a request by, or an act or omission of, any person under the Act or regulations or notices made under the Act.
Schedule 1 Part 3 clause 1: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
2
The costs in clause 1 include, but are not limited to,—
(a)
the costs of external review, expert review, notification, product testing, travel, and accommodation; and
(b)
disbursements such as the costs of scanning, email, wifi, photocopying, printing, stationery, telephone, fax, video conferencing, postage, and couriers.
Schedule Part 3 clause 2: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
3
For technical staff providing support for the delivery of specialist services in relation to functions, duties, or powers under the Act or any regulations or notices made under the Act, a fee of $228 per hour is payable, in 15-minute increments, by the person whose actions result in the function, duty, or power being required to be performed or exercised.
Schedule Part 3 clause 3: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Schedule 1 Part 3 clause 3: amended, on 1 July 2024, by regulation 8(3) of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Part 4 Travel costs
Schedule 1 Part 4: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
Schedule 2 Levy
Schedule 2 heading: replaced, on 1 July 2024, by regulation 9 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85).
Schedule 2: replaced, on 1 July 2019, by regulation 10 of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122).
| Matters for which levy referred to in regulation 4A payable | Levy payable annually by | |
|---|---|---|
For— (a)the development of standards, conditions, requirements, and guidance that apply in respect of— (i)applications for registration of trade name products or specified classes of trade name products; or (ii)registered trade name products or specified classes of registered trade name products: (b)the administration and operation of the system of registration of trade name products under the Act: (c)the provision of advice about trade name products: (d)monitoring, reviewing, and auditing activities relating to the importation, manufacture, sale, and use of agricultural compounds |
Each— (a)registrant in respect of each trade name product held by the registrant: (b)person who holds an exemption under section 8C of the Act: (c)person who has obtained approval of an operating plan: (d)recognised person |
Michael Webster,
Clerk of the Executive Council.
Date of notification in Gazette: 14 May 2015.
Notes
1 General
This is a consolidation of the Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85)
Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 11
Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122)
Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119): section 7
Amendments not yet incorporated
The most recent version of this secondary legislation does not yet have amendments incorporated from: