The Import and Export (Plant Health Fees) (Scotland) Order 1987

Citation, commencement and extent

1.—(1) This Order may be cited as the Import and Export (Plant Health Fees) (Scotland) Order 1987 and shall come into force on 1st July 1987.

(2) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order–

“certificate” means a phytosanitary certificate;

“import licence” means a licence issued by the Secretary of State under article 17 of the Import and Export (Plant Health) (Great Britain) Order 1980(1);

“official label” has the same meaning as in regulation 2(1) of the Seed Potatoes Regulations 1984(2);

“phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer of the Secretary of State under article 9 of the Import and Export (Plant Health) (Great Britain) Order 1980;

“premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;

“small consignment” means one package of a size and weight such that it is capable of being sent by post;

“soil” includes any medium used for the growing of plant material and “soil sample” shall be construed accordingly.

(2) Where a fee prescribed in this Order is prescribed in relation to an inspection, examination or test as well as the issue of a certificate, the refusal to issue a certificate by reason of the results of the inspection, examination or test being unsatisfactory, shall not affect the amount of the fee otherwise payable.

(3) Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.

Fees for export certification services

3.  Subject to the following provisions of this Order, there shall be paid to the Secretary of State in respect of any service described in column 1 of Schedule 1 the fee specified in column 2 of that Schedule opposite the reference to that service.

Fees for import licensing services

4.  Subject to the following provisions of this Order, there shall be paid to the Secretary of State in respect of any service described in column 1 of Schedule 2 the fee specified in column 2 of that Schedule opposite the reference to that service.

Time for payment of fees

5.  The fees prescribed in Schedules 1 and 2 shall be paid on demand made by the Secretary of State.

Refund of fees

6.—(1) If an application for a service described in column 1 of Schedule 2 is withdrawn by a written request made by the applicant and received by the Secretary of State within 7 days of the date of the application, the fee paid under article 4 less an amount of £5.00 shall be refunded to the applicant.

(2) If in respect of an application for official labels in connection with the issue of a certificate for the export of seed potatoes, labels are returned unused the fee paid under article 3 less an amount of 40p per tonne may be refunded to the applicant.

John J. MacKay

Parliamentary Under Secretary of State,Scottish Office

New St. Andrew’s House,

Edinburgh

11th May 1987

We consent,

Peter Lloyd

Tony Durant

Two of the Lords Commissioners of Her Majesty’s Treasury

12th May 1987