Amendment to the Plant Health etc. (Fees) (England) Regulations 2018

3.—(1) The Plant Health etc. (Fees) (England) Regulations 2018(1) are amended as follows.

(2) In regulation 5A—

(a) at the beginning of paragraph (1), insert “Subject to paragraph (4A),”;

(b) after paragraph (4), insert—

“(4A) The fees specified in Schedule 4A are not payable in respect of a consignment to be transported to Northern Ireland—

(a) by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or

(b) for delivery to—

(i) a professional operator whose principal place of business is in Northern Ireland or

(ii) any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(4B) Paragraph (4A) ceases to have effect at the end of 31st December 2022.”;

(c) in paragraph (5), after the definition of “pre-export service”, insert—

““professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—

(a)

planting;

(b)

breeding;

(c)

production, including growing, multiplying and maintaining;

(d)

introduction into, and movement within and out of Northern Ireland;

(e)

making available on the market;

(f)

storage, collection, dispatching and processing.”.

(1)

S.I. 2018/289, amended by S.I. 2019/1488; there are other amending instruments, but none is relevant.