The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

Title, commencement and application E+S

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.

Commencement Information

I1 Reg. 1 in force at 6.4.2015, see reg. 1(b)

Interpretation E+S

2.—(1) In these Regulations—

“approved place of inspection” has the meaning given in article 3 of the Order;

“controlled consignment” means a consignment within the meaning of Article 2(1)(p) of the Directive, or a consignment which an inspector reasonably suspects to be such a consignment, of any of the following relevant material to which Part 2 of the Order applies—

(a)

isolated bark of a type listed in Schedule 5, Part A, paragraph 3 or Part B, paragraph 3 to the Order; or

(b)

wood of a type listed in Schedule 5, Part A, paragraph 4 or Part B, paragraph 1 to the Order, other than wood packaging material which is actually in use in the transport of objects of all kinds;

“the Directive” means 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(1);

“documentary check” has the meaning given by Article 13a(1)(b)(i) of the Directive;

“identity check” has the meaning given by Article 13a(1)(b)(ii) of the Directive;

“licence” means a licence to carry out any activity to which article 38 or 39 of the Order applies;

“the Order” means the Plant Health (Forestry) Order 2005(2);

“plant health check” has the meaning given by Article 13a(1)(b)(iii) of the Directive;

“plant passport authority” means an authority to issue plant passports granted by the Forestry Commissioners [F1 or the Scottish Ministers] under article 28 of the Order;

“remedial notice” means a notice served under article 31(1) or (4) or 33(3) of the Order; and

“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order.

(2) Words and expressions which are not defined in these Regulations and which appear in the Order have the same meaning in these Regulations as they have in the Order.

Textual Amendments

F1 Words in reg. 2 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(2); S.S.I. 2019/47, reg. 2

Commencement Information

I2 Reg. 2 in force at 6.4.2015, see reg. 1(b)

Fees E+S

3.—(1)  [F2 In relation to England, fees] payable under this regulation are payable to the Forestry Commissioners.

[F3 (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 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).

(6) The person on whom a remedial notice is served or who is given notice under article 32(1) of the Order 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.

Textual Amendments

F2 Words 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

F3 Reg. 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

Commencement Information

I3 Reg. 3 in force at 6.4.2015, see reg. 1(b)

Revocations E+S

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).

Commencement Information

I4 Reg. 4 in force at 6.4.2015, see reg. 1(b)

Sealed with the official seal of the Forestry Commissioners

Wilma Harper

Secretary to the Forestry Commissioners