The Plant Health Fees (Scotland) Regulations 2008

Made: 15th April 2008

Laid before the Scottish Parliament: 17th April 2008

Coming into force: 1st June 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Plant Health Fees (Scotland) Regulations 2008 and come into force on 1st June 2008.

• (2) These Regulations extend to Scotland only.

Interpretation

2

In these Regulations–

• ...

• ...

• “licence” means —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; oran authorisation described in regulations 20(1)(a) and (b) and 21(1) of the Plant Health Official Controls Regulations;

• ...

• ...

• ...

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

• “the 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,

• “premises” includes any land or building used for the production or storage of plants, plant products or other objects.

• “UK plant passport” has the same meaning as in Article 78 of the Plant Health Regulation.

Fees for inspections for plant passporting purposes

3

• (1) Where an inspection is carried out for the purposes specified in column 1 of Schedule 1 to these Regulations, the fee specified in column 3 shall be paid to the Scottish Ministers according to the area, or each part of the area, specified in column 2 of that Schedule.

• (2) Where the premises are situated on more than one site, a separate fee applies in relation to each site, which fee shall be calculated according to the area, or each part of the area, of that site specified in column 2 of Schedule 1 to these Regulations.

Fees for licensing services

4

Where any service described in column 1 of Schedule 2 to these Regulations is undertaken, the fee specified in column 2 of that Schedule opposite the reference to that service shall be paid to the Scottish Ministers.

Fees for potato quarantine testing

5

Where any service described in column 1 of Schedule 3 to these Regulations is undertaken, the fee specified in column 2 of that Schedule opposite the reference to that service shall be paid to the Scottish Ministers.

Revocations

6

The Plant Health Fees (Scotland) Regulations 1996 , the Plant Health Fees (Scotland) Amendment Regulations 2004 , the Plant Health Fees (Scotland) Amendment Regulations 2005 and the Plant Health Fees (Scotland) Amendment Regulations 2007 are revoked.

SCHEDULE 1 — FEES FOR INSPECTIONS FOR UK PLANT PASSPORTING PURPOSES

SCHEDULE 2 — FEES IN RESPECT OF LICENSING SERVICES

1

Consideration of an application for the grant of a licence and the performance of any connected service, including the grant of a licence for articles imported for the following purposes–

2

Consideration of an application for extension or variation of a licence

3

The inspection of premises or of articles for import, per day (where not included under paragraph 1 above)–

SCHEDULE 3 — FEES IN RESPECT OF POTATO QUARANTINE TESTING

1

Testing of plant material to be used exclusively by the purchaser of the service

2

Testing of plant material not to be used exclusively by the purchaser of the service

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2008-04-15

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a). The function conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00002]: S.S.I. 2004/488, as amended by S.S.I. 2007/416.

[^f00003]: S.S.I. 2005/613 as amended by S.S.I. 2006/474, 2007/415 and 498.

[^f00004]: S.I. 1996/1784 as amended by S.S.I. 2004/249, 2005/555 and 2007/314.

[^f00005]: S.S.I. 2004/249.

[^f00006]: S.S.I. 2005/555.

[^f00007]: S.S.I. 2007/314.

Editorial notes

[^c19217911]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a). The function conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^c19217941]: S.I. 1996/1784 as amended by S.S.I. 2004/249, 2005/555 and 2007/314.

[^c19217951]: S.S.I. 2004/249.

[^c19217961]: S.S.I. 2005/555.

[^c19217971]: S.S.I. 2007/314.

[^key-8dcbb7292da5d11e2485fcd49a2727d7]: Reg. 5A inserted (1.7.2010) by The Plant Health Fees (Scotland) Amendment Regulations 2010 (S.S.I. 2010/207), regs. 1, 2

[^key-87d73fac924ebe10eec31dce5b90327e]: Words in reg. 2 omitted (29.3.2019) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/124), regs. 1(1)(a), 17(b)

[^key-30c682f1e79eb05f5567269ea6f5085b]: Words in reg. 5A substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(3)

[^key-ea599c6cdb88b65ad09421f718ae4b5b]: Words in sch. 1 table substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(4)

[^key-cba48cf5f859866de6c5cb2c5de48836]: Words in reg. 2 omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(2)(a)

[^key-c01087d40b0329701c8060420771ed83]: Words in reg. 2 substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(2)(c)

[^key-4c7b1ad02b4ff1283ec207c9c9b43a41]: Words in reg. 2 omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(2)(d)

[^key-6657d9cab46d952aa15806de5bbf2584]: Words in reg. 2 omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(2)(e)

[^key-1acb075f1f36ce40ad1cbea243811e86]: Words in reg. 2 inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 6(2)(f)

[^key-81b744e844ba973627a77c617fd3b9f4]: Word in reg. 2 substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 2 (with reg. 32)

[^key-c58efe72b1e5694998bf7bdbe9a25eef]: Word in reg. 3 heading inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 6(3) (with regs. 31(a), 32)

[^key-486abdf6df05a00389b74ebc13053919]: Word in sch. 1 heading inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 6(4)(a) (with regs. 31(a), 32)

[^key-ff66e5dd55e6db8e74f514186d399c08]: Words in sch. 1 Table substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 6(4)(b)(i) (with regs. 31(a), 32)