Scottish Statutory Instruments
PLANT HEALTH
Made
15th April 2008
Laid before the Scottish Parliament
17th April 2008
Coming into force
1st June 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and all other powers enabling them to do so.
Marginal Citations
M11972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a). The function conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
1.—(1) These Regulations may be cited as the Plant Health Fees (Scotland) Regulations 2008 and come into force on 1st June 2008.
(2) These Regulations extend to Scotland only.
2. In these Regulations–
“authority” means an authority to issue plant passports granted by the Scottish Ministers under article 8 of the 2004 Order or, as the case may be, under article 29 of the 2005 Order;
“licence” means a licence granted by the Scottish Ministers under article 40 or, as the case may be, article 41 of the 2005 Order;
“the 2004 Order” means the Plant Health (Phytophthora ramorum) (Scotland) Order 2004 M2;
“the 2005 Order” means the Plant Health (Scotland) Order 2005 M3;
“plant passport” has the meaning given by–
article 2(1) of the 2004 Order in respect of an authority under that Order, or
article 2(1) of the 2005 Order in respect of an authority under that Order; and
“premises” includes any land or building used for the production or storage of plants, plant products or other objects.
Marginal Citations
M2S.S.I. 2004/488, as amended by S.S.I. 2007/416.
M3S.S.I. 2005/613 as amended by S.S.I. 2006/474, 2007/415 and 498.
3.—(1) Where an inspection is carried out for the purposes specified in column 1 of Schedule 1 to these Regulations, the fee specified in column 3 shall be paid to the Scottish Ministers according to the area, or each part of the area, specified in column 2 of that Schedule.
(2) Where the premises are situated on more than one site, a separate fee applies in relation to each site, which fee shall be calculated according to the area, or each part of the area, of that site specified in column 2 of Schedule 1 to these Regulations.
4. Where any service described in column 1 of Schedule 2 to these Regulations is undertaken, the fee specified in column 2 of that Schedule opposite the reference to that service shall be paid to the Scottish Ministers.
5. Where any service described in column 1 of Schedule 3 to these Regulations is undertaken, the fee specified in column 2 of that Schedule opposite the reference to that service shall be paid to the Scottish Ministers.
5A. Where an official soil test for Potato Cyst Nematode is carried out under article 39(8) (official soil tests for potato cyst nematode) of the 2005 Order, for each 400 ml soil sample or part thereof submitted for testing, the fee of £13.81 shall be paid to the Scottish Ministers.]
Textual Amendments
F1Reg. 5A inserted (1.7.2010) by The Plant Health Fees (Scotland) Amendment Regulations 2010 (S.S.I. 2010/207), regs. 1, 2
6. The Plant Health Fees (Scotland) Regulations 1996 M4, the Plant Health Fees (Scotland) Amendment Regulations 2004 M5, the Plant Health Fees (Scotland) Amendment Regulations 2005 M6 and the Plant Health Fees (Scotland) Amendment Regulations 2007 M7 are revoked.
Marginal Citations
M4S.I. 1996/1784 as amended by S.S.I. 2004/249, 2005/555 and 2007/314.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew's House,
Edinburgh
Regulation 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Service | Area of premises (Hectares) | Fee £ |
| Each inspection of premises, plants and plant material (including check of business records) for the purpose of considering an application for, or the continuing operation of an authority to issue plant passports: per site | Not exceeding 1 | 87.73 |
| Exceeding 1 but not exceeding 2 | 121 | |
| Exceeding 2 but not exceeding 4 | 176.66 | |
| Exceeding 4 but not exceeding 10 | 232.32 | |
| Exceeding 10 but not exceeding 20 | 360.58 | |
| Exceeding 20 but not exceeding 35 | 431.97 | |
| Exceeding 35 but not exceeding 50 | 508.20 | |
| Each additional 10 hectares or part thereof | 66.55 |
Regulation 4
| Column 1 | Column 2 |
|---|---|
| Service | Fee £ |
1. Consideration of an application for the grant of a licence and the performance of any connected service, including the grant of a licence for articles imported for the following purposes– | |
(a)scientific | 65 |
(b)commercial– | |
(i)potato breeders' and other quarantine material | 65 |
(ii)other plant material (to include cost of inspection) | 70 |
(c)private (to include cost of inspection) | 70 |
2. Consideration of an application for extension or variation of a licence | 25 |
3. The inspection of premises or of articles for import, per day (where not included under paragraph 1 above)– | |
(a)up to and including the first 30 minutes | 40 |
(b)thereafter, for each additional 30 minutes or part thereof | 20 |
Regulation 5
| Column 1 | Column 2 |
|---|---|
| Service | Fee £ |
1. Testing of plant material to be used exclusively by the purchaser of the service | 380 |
2. Testing of plant material not to be used exclusively by the purchaser of the service | 180 |
(This note is not part of the Regulations)
These Regulations, which are made under section 2(2) of the European Communities Act 1972, consolidate the Plant Health Fees (Scotland) Regulations 1996, the Plant Health Fees (Scotland) Amendment Regulations 2004, the Plant Health Fees (Scotland) Amendment Regulations 2005 and the Plant Health Fees (Scotland) Amendment Regulations 2007. The Regulations also prescribe increased fees in respect of inspections carried out for the purpose of considering an application for, or the continuing operation of an authority to issue plant passports under article 29 of the Plant Health (Scotland) Order 2005(“the 2005 Order”) or article 8 of the Plant Health (Phytophthora ramorum) (Scotland) Order 2004 (“the 2004 Order). Other fees are unchanged.
Under the 2005 Order, certain listed plants, plant products and other objects require a plant passport for movement within the European Community, including any trade within the United Kingdom. The 2004 Order applies similar controls to plant material susceptible to the pest Phytophthora ramorum. Plant traders of such material must first be authorised to issue plant passports by the Scottish Ministers. The authorisation process involves an inspection of premises and the listed plant material. The fees prescribed by regulation 3 of and Schedule 1 to these Regulations in relation to plant passporting reflect the costs expected to be incurred in undertaking inspections.
These Regulations prescribe (regulation 4 and Schedule 2) the fees for the grant of licences under article 40 or 41 of the 2005 Order to permit the importation of articles which would otherwise be prohibited, including licences for trial or scientific purposes or for work on varietal selection. These Regulations also prescribe (regulation 5 and Schedule 3) fees for potato quarantine testing for material imported under a licence and subject to appropriate quarantine measures (within the meaning of article 41(7) of the 2005 Order).
A Regulatory Impact Assessment has been prepared in respect of the increase in plant passporting fees prescribed in Schedule 1 to these Regulations, and copies can be obtained from the Scottish Government Rural Directorate, Agriculture and Rural Development Division, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.