The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

Citation, commencement and extent S

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.

Interpretation S

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)

a Saturday;

(b)

a Sunday;

(c)

Easter Monday;

(d)

26th December, if it is not a Saturday or Sunday;

(e)

27th December, in a year in which 25th or 26th December is a Sunday; or

(f)

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—

(a)

one within the European Union,

(b)

Switzerland.]

(c)

[F17 Liechtenstein.]

(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

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

F6 Words 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)

F7 Words 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)

F8 Words 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)

F9 Words 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)

F10 Words 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)

F11 Words 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)

F12 Words 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)

F13 Words 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)

F14 Words 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)

F15 Words 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)

F16 Words 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)

F17 Words 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)

F18 Reg. 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)

F19 Word 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

M1 1971 c.80.

M2 2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21) section 406 and Schedule 17, paragraph 158.

Application of the import inspection fee S

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 [F21 in Part A of Annex 11 or in Annex 12 to [F22 the Phytosanitary Conditions Regulation], as amended from time to time;] or

(ii) seeds of Solanaceae M3 ; and

[F23 (b) is subject to—

(i) official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or

(ii) any agreement made under the provisions of any delegated act 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 into [F24 Great Britain] under Article 51(1) (specific rules for official controls at border inspection posts) of [F25 the Official Controls Regulation].]

Textual Amendments

F20 Reg. 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)

F21 Words 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)

F22 Words 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)

F23 Reg. 3(2)(b) 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)(b)

F24 Words in reg. 3(2)(b)(ii) 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)(b) (with regs. 31(b), 32)

F25 Words in reg. 3(2)(b)(ii) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(3) (with reg. 32)

Marginal Citations

M3 Seeds 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).

Fees S

4.—(1) Except where paragraph (2) applies, the fee specified for [F26 a [F27 physical check]] carried out—

(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) In the case of a consignment, or such part of a consignment, consisting of any [F28 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, the fee specified for [F29 a [F27 physical check]] carried out, F30 ...—

(a) during normal working hours, is the fee specified in the fifth column of Schedule 2 and corresponding to the relevant [F28 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 sixth column of Schedule 2 and corresponding to the relevant [F28 plants, plant products or other objects] as described in the second column of that Schedule.

[F31 (3) The fee specified for a documentary check or an identity check carried out is the fee specified for that check in the third column of schedule 2A.]

Textual Amendments

F26 Words in reg. 4(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(4)(a)

F27 Words in reg. 4 substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 3(4)(a) (with reg. 32)

F28 Words in reg. 4(2) 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(4)(b)(i)

F29 Words in reg. 4(2) 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(4)(b)(ii)

F30 Words in reg. 4(2) 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(4)(b) (with reg. 32)

F31 Reg. 4(3) 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(4)(c)

Additional fees in respect of Potatoes Originating in Egypt F32 ... S

5.—(1) Where paragraph (2) F33 ... 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 [F34 point 26 of Annex 7 of the Phytosanitary Conditions Regulation], those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

F35 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words 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)

F33 Words 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)

F34 Words 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)

F35 Reg. 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)

Revocations S

6.—(1) Subject to paragraph (2), the following regulations are revoked:—

F36 (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 F37 ... 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

F36 Reg. 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)

F37 Words 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

M4 S.S.I. 2005/216.

M5 S.S.I 2007/138 .

M6 S.S.I. 2007/499.

M7 S.S.I. 2009/8.

M8 S.S.I. 2009/305.

M9 S.S.I 2010/405.

M10 S.S.I. 2011/311.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh