The Plant Health (Export Certification) (Wales) (Amendment) Order 2016

Welsh Statutory Instruments

2016 No. 1084 (W. 259)

Plant Health, Wales

The Plant Health (Export Certification) (Wales) (Amendment) Order 2016

Made

9 November 2016

Laid before the National Assembly for Wales

14 November 2016

Coming into force

7 December 2016

The Welsh Ministers, with the consent of the Treasury, and in exercise of the powers conferred by sections 3(1) and 4A of the Plant Health Act 1967(1), make the following Order:

Title, commencement and application

1.—(1) The title of this Order is the Plant Health (Export Certification) (Wales) (Amendment) Order 2016.

(2) This Order comes into force on 7 December 2016 and applies in relation to Wales.

Amendment of the Plant Health (Export Certification) (Wales) Order 2006

2.—(1) The Plant Health (Export Certification) (Wales) Order 2006(2) is amended as follows.

(2) For Schedule 3(3) substitute—

Articles 3 and 5

“SCHEDULE 3 Applications for certificates: fees

Services in respect of applications for certificates	Fee (£)	Fee (small exporter) (£)
(1) Services for consignments other than grain:
(a) inspection and, where necessary, laboratory examination	65.24 for each quarter hour or part thereof with a minimum fee of 130.48	32.62 for each quarter hour or part thereof with a minimum fee of 65.24
(b) laboratory examination only	36.35	18.18
(c) issue of a certificate where no inspection or laboratory examination is required	13.87	6.94
(2) Services of consignments of grain:
Monitoring of inspections carried out by a person authorised under article 3(3) and, where necessary, laboratory examination carried out by an authorised officer	59.53	29.74”.

(3) For Schedule 4(4) substitute—

Article 5

“SCHEDULE 4 Pre-export service fees

Service	Fee (£)	Fee (small exporter) (£)
Pre-export service	49.68 for each quarter hour or part thereof with a minimum fee of 99.36	24.84 for each quarter hour or part thereof with a minimum fee of 49.68.”

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

9 November 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Export Certification) (Wales) Order 2006 (S.I. 2006/1701 (W. 163)) (“the 2006 Order”).

This Order provides for a 10.7% increase to the fees specified in the 2006 Order for services in respect of applications for certificates (article 2(2)) and pre-export services (article 2(3)).

The fee levels provided for in this Order form the third and final part of a move towards full cost recovery of fees.

The Regulatory Impact Assessment applicable to this Order is obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.

(1)

1967 c. 8. Section 3(1) was amended by the European Communities Act 1972 (c. 68), section 4 and Schedule 4, paragraph 8 and was further amended by S.I. 2011/1043, Part 2, article 6(1). Section 4A was inserted by the Agriculture Act 1986 (c. 49), section 3. The powers conferred by sections 3 and 4A are conferred on a “competent authority”, which is defined in section 1(2), for Wales, as the Welsh Ministers. Section 1(2) was amended by the Natural Resources Body for Wales (Functions) Order 2013/755 (W. 90), Schedule 2, paragraph 43.

(2)

S.I. 2006/1701 (W. 163), amended by S.I. 2013/1658 (W. 156) and S.I. 2014/1759 (W. 174).

(3)

Schedule 3 was substituted by S.I. 2013/1658 (W. 156), article 2(3) and S.I. 2014/1759 (W. 174), article 2(3).

(4)

Schedule 4 was substituted by S.I. 2013/1658 (W. 156), article 2(4) and by S.I. 2014/1759 (W. 174), article 2(4).