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Statutory Instruments
Plant Health, England
Plant Health, Scotland
Made
23rd February 2015
Laid before Parliament
25th February 2015
Coming into force
6th April 2015
1. These Regulations—
(a)may be cited as the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015;
(b)come into force on 6th April 2015; and
(c)apply in relation to England and Scotland only.
1A.—(1) In these Regulations, insofar as they apply in relation to England—
“approved place of inspection” has the meaning given in [F2regulation 13(10) of the Official Controls (Plant Health) Regulations 2019];
“controlled consignment” means a consignment which—
is introduced into England from a third country; and
consists of, or includes—
isolated bark of a type that is described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation, or in a decision adopted before 14th December 2019 by the European Commission pursuant to Article 16(3) of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; or
wood of a type that is described in the lists or a decision mentioned in paragraph (i), other than wood packaging material which is actually in use in the transport of objects of all kinds;
“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
[F3“FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;]
[F4“licence” means—
a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or
an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;]
[F5“the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;]
[F6“Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;]
[F7“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;]
“plant passport authority” means an authorisation described in Article 89(1) of the EU Plant Health Regulation [F8and granted by the Forestry Commissioners];
F9...
F10...
“remedial work” means any steps taken by a person for the purposes of complying with a [F11FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019];
“WPM authorisation” means an authorisation described in Article 98(1) of the EU Plant Health Regulation [F12and granted by the Forestry Commissioners].
(2) Words and expressions which are not defined in these Regulations and which appear in the EU Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the EU instrument in question.]
Textual Amendments
F1Reg. 1A inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(2)
F2Words in reg. 1A(1) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(a)
F3Words in reg. 1A(1) inserted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(b)
F4Words in reg. 1A(1) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(c)
F5Words in reg. 1A(1) inserted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(d)
F6Words in reg. 1A(1) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(e)
F7Words in reg. 1A(1) inserted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(f)
F8Words in reg. 1A(1) inserted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(g)
F9Words in reg. 1A(1) omitted (14.1.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(h)
F10Words in reg. 1A(1) omitted (14.1.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(i)
F11Words in reg. 1A(1) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(2)(j)
2.—(1) In these Regulations—
“approved place of inspection” has the meaning given in [F14regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019];
[F15“controlled consignment” means a consignment which—
is introduced into Scotland from a third country;
consists of, or includes isolated bark or isolated wood of a type listed in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019, as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds;]
F16...
F16...
[F17“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and 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;]
F16...
[F18“licence” means—
a licence referred to in regulation 50(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 that has been granted by the Scottish Ministers; or
an authorisation described in regulation 20(1)(a) or (b) or 21(1)(a) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]
[F17“the 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;”;]
[F19“Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;]
[F19“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions)(Scotland) Regulations 2019;]
F20...
F20...
[F21“plant passport authority” means an authorisation described in Article 89(1) of the EU Plant Health Regulation granted by the Scottish Ministers;]
[F22“remedial notice” means a notice served by a plant health inspector under regulation 10(2) or 15(1) or (2) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]
[F23“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by a plant health inspector under regulation 16(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]
[F24“WPM authorisation” means an authorisation referred to in Article 98(1) of the EU Plant Health Regulation and granted by the Scottish Ministers.]
(2) Words and expressions which are not defined in these Regulations and which appear in the [F25EU Plant Health Regulation or the Official Controls Regulation] have the same meaning in these Regulations as they have in the [F25EU Plant Health Regulation or the Official Controls Regulation].
Textual Amendments
F13Words in reg. 2 heading inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(3)
F14Words in reg. 2(1) 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. 9(2)(a)(ii)
F15Words in reg. 2(1) 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. 9(2)(a)(iii)
F16Words 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. 9(2)(a)(iv)
F17Words 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. 9(2)(a)(i)
F18Words in reg. 2(1) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 25(a)
F19Words in reg. 2(1) inserted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 25(b)
F20Words 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. 9(2)(a)(vi)
F21Words in reg. 2(1) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 25(c)
F22Words in reg. 2(1) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 25(d)
F23Words in reg. 2(1) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 25(e)
F24Words in reg. 2(1) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 25(f)
F25Words in reg. 2(2) 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. 9(2)(b)
Commencement Information
3.—(1) [F26In relation to England, fees] payable under this regulation are payable to the Forestry Commissioners.
[F27(1A) In relation to Scotland, fees payable under this regulation are payable to the Scottish Ministers.]
(2) The fee payable for an inspection and associated activities [F28carried out by, or on behalf of Scottish Ministers] in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.
(3) The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.
(4) The importer of a controlled consignment must pay—
(a)in the case of a plant health check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;
(b)in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;
(c)in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.
(5) Where, at the request of an importer of a controlled consignment, a plant health check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the plant health check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).
[F29(5A) The fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.
(5B) The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.]
[F30(5A) The fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.
(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.]
[F31(6) The person on whom a remedial notice is served or who is given notice under [F32regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019] must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.]
[F33(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.]
Textual Amendments
F26Words in reg. 3(1) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 70(3)(a); S.S.I. 2019/47, reg. 2
F27Reg. 3(1A) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 70(3)(b); S.S.I. 2019/47, reg. 2
F28Words in reg. 3(2) 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. 9(3)(a)
F29Reg. 3(5A)(5B) inserted (E.) (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(4)(a)
F30Reg. 3(5A)(5B) inserted (S.) (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. 9(3)(b)
F31Reg. 3(6) omitted (E.) (14.1.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(3)(a)
F32Words in reg. 3(6) 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. 9(3)(c)
F33Reg. 3(6A) inserted (E.) (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 5(3)(b)
Commencement Information
4. The following Regulations are revoked—
(a)the Plant Health (Fees) (Forestry) Regulations 2006(3);
(b)the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008(4);
(c)the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009(5);
(d)the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010(6); and
(e)the Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014(7).
Sealed with the official seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
Regulation 3(2)
Type of inspection | Fee |
---|---|
Inspection and associated activities (including travelling and office time) in connection with the granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | |
(f) up to and including the first hour; | £37 |
(g) thereafter, for each additional 15 minutes or part thereof | £9.25 |
Regulation 3(3)
Item | Type of application or inspection | Fee |
---|---|---|
1. | Application for a licence | £305 |
2. | Application for an extension or variation of a licence with changes requiring scientific or technical assessment | £100 |
3. | Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment | £12 |
4. | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— (h) up to and including the first hour; | £37 |
(i) thereafter, for each additional 15 minutes or part thereof | £9.25 |
Regulation 3(4)(a)
Item | Description of relevant material in consignment subject to a plant health check | Unit | Fee |
---|---|---|---|
1. | Isolated bark, wood shavings, wood chips or sawdust | Per consignment —up to 25000kg | £31.20 |
—for each additional 1000kg or part thereof | £0.49 | ||
Up to a maximum fee of £98 per consignment | |||
2. | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | Per consignment —up to 100m³ | £31.20 |
—for each additional m³ or part thereof | £0.25 |
Regulation 3(4)(b) and (c)
Item | Type of check | Unit | Fee |
---|---|---|---|
1. | Documentary check | Per consignment | £7.20 |
2. | Identity check | Per consignment —for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container | £7.20 |
—for each bulk load of less than 100m³ | £7.20 | ||
—for each bulk load of 100m³ or more | £14.40 |
Regulation 3(5A)
Textual Amendments
(1)Service | (2)Fee |
---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export | £15.00 |
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time): | |
(a)up to and including the first hour; | £27.00 |
(b)thereafter, for each additional 15 minutes or part thereof | £7.50. |
Regulation 3(5B)
(1)Type of application | (2)Fee |
---|---|
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
Application for a renewal of an existing WPM authorisation | £120.00 |
Application for a re-assessment for the purposes a WPM authorisation | £120.00] |
Regulation 3(6)
Remedial work | Fee |
---|---|
The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment— | |
(j) up to and including the first hour; | £37 |
(k) thereafter, for each additional 15 minutes or part thereof | £9.25 |
Regulation 3(5A)
Textual Amendments
Service | Fee |
---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export | £15.00 |
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time): | |
(a)up to and including the first hour; | £27.00 |
(b)thereafter, for each additional 15 minutes or part thereof | £7.50. |
Regulation 3(5B)
Type of application | Fee |
---|---|
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
Application for a renewal of an existing WPM authorisation | £120.00 |
Application for a re-assessment for the purposes a WPM authorisation | £120.00] |
(This note is not part of the Regulations)
These Regulations revoke and replace the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) in relation to England and Scotland.
They implement Article 13d of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 169, 10.7.2000, p1). Article 13d requires member States to collect fees for documentary, identity and plant health checks carried out on certain consignments of wood, wood products and isolated bark originating in countries outside the European Union (“controlled consignments”).
Regulation 3 requires the following fees to be paid to the Forestry Commissioners—
(a)the fees specified in Schedule 1 for inspections in connection with an authority to issue plant passports under article 28 of the Plant Health (Forestry) Order 2005 (S.I. 2005/2517);
(b)the fees specified in Schedule 2 in connection with licences to which article 38 or 39 of the principal Order applies;
(c)the fees specified in Schedule 3 and regulation 3(5) for plant health checks on controlled consignments;
(d)the fees specified in Schedule 4 for documentary checks and identity checks on controlled consignments;
(e)the fees specified in Schedule 5 for the carrying out or monitoring of remedial work by an inspector under the Plant Health (Forestry) Order 2005 in connection with controlled consignments.
Schedule 3A to the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) set out reduced rate fees in relation to plant health checks on consignments of Acer saccharum from Canada. Under the procedure provided for in Articles 13a(2) and 18(2) of Council Directive 2000/29/EC, these consignments are no longer subject to reduced levels of plant health checks and are therefore no longer eligible for reduced rate fees.
Otherwise the fees remain the same as in the Plant Health (Fees) (Forestry) Regulations 2006.
An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen. The Explanatory Memorandum for this instrument is available from the Forestry Commission, Silvan House, 231 Corstorphine Road, Edinburgh, EH12 7AT and alongside the instrument at www.legislation.gov.uk.
S.I. 1996/266, amended by S.I. 2011/1043; there are other amending instruments but none is relevant. Under section 1(2) of the Plant Health Act 1967 (c. 8), as amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), the Forestry Commissioners are the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests.
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
S.I. 2006/2697, as amended by S.I. 2008/702, 2009/2956, 2010/2001, 2013/755, 2014/589.
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