SCHEDULE 5Amendments to secondary legislation

PART 6The Plant Health (Fees) (Scotland) Regulations 2008

6.

(1)

The Plant Health (Fees) (Scotland) Regulations 2008 M1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “authority”,

(b)

before the definition of “licence” insert—

““the EU 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 M2;”,

(c)

in the definition of “licence”, for the words from “a licence” to the end substitute—

“(a)

a licence that was granted by the Scottish Ministers under article 40 or, as the case may be, article 41 of the Plant Health (Scotland) Order 2005 M3; or

(b)

an authorisation described in regulations 20(1)(a) and (b) and 21(2) of the Plant Health Official Controls Regulations;”,

(d)

omit the definition of “the 2005 Order”,

(e)

omit the definition of “plant passport”,

(f)

before the definition of “premises” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M4;”.

(3)

In regulation 5A (fees for potato cyst nematode testing), for the words from “article 39(8)” to “2005 Order” substitute “ paragraph 4 of schedule 2 (specific measures relating certain solanaceous species) of the Plant Health Official Controls Regulations ”.

(4)

In schedule 1 (fees for inspections for plant passporting purposes), in column 1 of the table for “authority to issue plant passports” substitute “ authorisation to issue plant passports under Article 89 of the EU Plant Health Regulation ”.