The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019

Amendment of the Plant Protection Products (Fees and Charges) Regulations 2011

7.—(1) The Plant Protection Products (Fees and Charges) Regulations 2011(1) are amended as follows.

(2) In regulation 2(1), for the definition of “United Kingdom competent authorities” substitute—

““United Kingdom competent authorities” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(3) In regulation 8—

(a) in sub-paragraph (3), in the second sentence, for “The” substitute “Except where paragraphs (3A) to (3C) apply, the”;

(b) after sub-paragraph (3) insert—

“(3A) For a charge payable to the Welsh Ministers as United Kingdom competent authority in respect of the liability period ending 31st March 2019, the percentage referred to in sub-paragraph (3) must be calculated by applying the following formula—

where A and B have the meanings given in sub-paragraph (3).

(3B) Sub-paragraph (3C) applies where, for the liability period ending 31st March 2019, an authorisation holder is liable to pay a charge to both the Secretary of State and the Welsh Ministers as United Kingdom competent authorities in relation to Wales.

(3C) Where this sub-paragraph applies—

(a) for the charge payable to the Welsh Ministers, the percentage referred to in sub-paragraph (3) must be calculated by applying the formula set out in sub-paragraph (3A);

(b) for the charge payable to the Secretary of State, the percentage referred to in sub-paragraph (3) must be calculated by applying the following formula—

where A and B have the meanings given in sub-paragraph (3).”.

(1)

S.I. 2011/2132, to which there are amendments not relevant to these Regulations.