- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2021)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 01/04/2021.
There are currently no known outstanding effects for the The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014.
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1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force on 15th January 2015.
(2) These Regulations extend to Scotland only.
2.—(1) In these Regulations—
F1...
F2...
F3...
F4...
F5...
[F6“Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Turkey and Ukraine,]
[F6“European Union” means the territories of the Member States F7... excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and Saint-Martin]
F8...
F9...
“landed in Scotland” means introduced into Scotland by any means, including by post;
[F10“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin and forming part of a consignment,]
“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—
a Saturday;
a Sunday;
Easter Monday;
26th December, if it is not a Saturday or Sunday;
27th December, in a year in which 25th or 26th December is a Sunday; or
a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M1;
[F11“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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;]
[F12“Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC.]
F13...
F14...
F15...
[F16“third country” means any country or territory other than—
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000 M2, which has been recorded and is consequently capable of being reproduced.
[F18(3) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in the F19... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F19... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.]
Textual Amendments
F1Words in reg. 2(1) omitted (22.2.2020) by virtue of The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(2)(a)
F2Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(i) (with reg. 32)
F3Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(ii) (with reg. 32)
F4Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(iii) (with reg. 32)
F5Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 7(2)(a)(i) (with regs. 31(b), 32)
F6Words in reg. 2(1) inserted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(2)(b)
F7Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 7(2)(a)(ii) (with regs. 31(b), 32)
F8Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(iv) (with reg. 32)
F9Words in reg. 2(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(b)
F10Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(v) (with reg. 32)
F11Words in reg. 2(1) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(c)
F12Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 7(2)(a)(iii) (with regs. 31(b), 32)
F13Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(vi) (with reg. 32)
F14Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(vii) (with reg. 32)
F15Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(viii) (with reg. 32)
F16Words in reg. 2(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(2)(c)
F17Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(a)(ix) (with reg. 32)
F18Reg. 2(3) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(2)(b) (with reg. 32)
F19Word in reg. 2(3) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 7(2)(b) (with regs. 31(b), 32)
Marginal Citations
M22000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21) section 406 and Schedule 17, paragraph 158.
3.—[F20(1) An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation 4.]
(2) This regulation applies to a consignment, or to such part of a consignment, which—
(a)consists of—
(i)plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed [F21in Part A of Annex 11 or in Annex 12 to [F22the Phytosanitary Conditions Regulation], as amended from time to time;] or
(ii)seeds of Solanaceae M3; and
[F23(b)is—
(i)landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or
(ii)subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.]
Textual Amendments
F20Reg. 3(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(3)
F21Words in reg. 3(2)(a)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(3)(a)
F22Words in reg. 3(2)(a)(i) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 7(3)(a) (with regs. 31(b), 32)
F23Reg. 3(2)(b) substituted (1.4.2021) by The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/159), regs. 1(1)(b), 2(2)
Marginal Citations
M3Seeds of Solanaceae are not currently included in Annex V Part B of the Directive however they are included in Annex IV Part A (items 25.6 and 48), which means that plant health, documentary and identity checks (as described in Article 13a of the Directive) are required for the purposes of Article 13(1).
[F244.—(1) Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check—
(a)during normal working hours, is the fee specified in the fourth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(b)outside normal working hours, is the fee specified in the fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(2) Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland.
(3) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check—
(a)during normal working hours, is the fee specified in the fourth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(b)outside normal working hours, is the fee specified in the fifth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(4) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2 and originating from a country listed in the fourth column of that schedule—
(a)the fee specified for a physical check—
(i)during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(ii)outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,
(b)the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(5) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland—
(a)the fee specified for a physical check—
(i)during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(ii)outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,
(b)the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(6) The fee specified for—
(a)a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A,
(b)a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A,
(c)a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A,
(d)a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A.]
Textual Amendments
F24Reg. 4 substituted (1.4.2021 except for the insertion of reg. 4(5)(6)(d), 1.7.2021 in so far as not already in force) by The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/159), regs. 1(1)(2), 2(3)
5.—(1) Where paragraph (2) F26... applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of Schedule 3, in addition to any fee payable in accordance with regulations 3 and 4.
(2) This paragraph applies where potatoes originating in Egypt are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of [F27point 26 of Annex 7 of the Phytosanitary Conditions Regulation], those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..
F28(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Words in reg. 5 heading omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(5) (with reg. 32)
F26Words in reg. 5(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(4)(a)
F27Words in reg. 5(2) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 7(4) (with regs. 31(b), 32)
F28Reg. 5(3) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(4)(b)
6.—(1) Subject to paragraph (2), the following regulations are revoked:—
F29(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 M4;
(c)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 M5;
(d)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 M6;
(e)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 M7;
(f)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 M8;
(g)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 M9; and
(h)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 M10.
(2) Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under F30... regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of these Regulations.
Textual Amendments
F29Reg. 6(1)(a) omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 24(a)
F30Words in reg. 6(2) omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 24(b)
Marginal Citations
M5S.S.I 2007/138 .
M9S.S.I 2010/405.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew's House,
Edinburgh
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