Draft Regulations laid before the Scottish Parliament under paragraph 1(6) of schedule 7 of the European Union (Withdrawal) Act 2018 for approval by resolution of the Scottish Parliament.

2021 No.

Exiting The European Union

Forestry

Plant Health

The Plant Health (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2021

Made2021

Coming into force16th December 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2, paragraph 7 of schedule 4 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 20181 and all other powers enabling them to do so.

In accordance with paragraph 1(6) of schedule 7 of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and extent.1

1

These Regulations may be cited as the Plant Health (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2021 and come into force on 16 December 2021.

2

These Regulations extend to Scotland only.

The Plant Health (Import Inspection Fees) (Scotland) Regulations 20142

1

The Plant Health Import Inspection Fees (Scotland) Regulations 20143 are amended as follows.

2

In schedule 2 (reduced import inspection fees for physical and identity checks), in entry 23 (Bark) of the table for “25,00” substitute “25,000”.

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20153

1

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20154 are amended as follows.

2

For regulation 3(5AA) (fees) substitute—

5AA
The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in relation to 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.
5BB
Paragraph (5AA) ceases to have effect at the end of 31 December 2022

3

For schedule 1 (fees for inspections in connection with a plant passport authority) substitute—

SCHEDULE 1Fees for inspections in connection with a plant passport authority
Regulation 3(2)
Type of inspection
Fee
Physical inspection and associated activities (including travelling and office time) in connection with granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority—
a
up to and including the first hour
£49.50
a
thereafter, for each additional 15 minutes or part thereof
£12.38

Type of inspection	Fee
Physical inspection and associated activities (including travelling and office time) in connection with granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority—
a up to and including the first hour	£49.50
a thereafter, for each additional 15 minutes or part thereof	£12.38

4

For schedule 5A (fees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export) substitute—

SCHEDULE 5AFees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export: Scotland
Regulation 3(5A)
Service
Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export
£21.00
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time)—
a
up to and including the first hour
£37.80
a
thereafter, for each additional 15 minutes or part thereof
£10.50

Service	Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export	£21.00
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time)—
a up to and including the first hour	£37.80
a thereafter, for each additional 15 minutes or part thereof	£10.50

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 20194

1

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 20195 are amended as follows.

2

In regulation 6(1) (disclosure of information)—

a

for “Union territory” substitute “United Kingdom or to a CD authority”,

b

omit “EU”.

NameAuthorised to sign by the Scottish MinistersSt Andrew’s House,EdinburghDate

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2, paragraph 7 of schedule 4 and paragraph 21(b) of schedule 7 of the European Union Withdrawal Act 2018 (c. 16).

Regulation 2 amends the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 to amend a typographical error in schedule 2.

Regulation 3 amends the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 and introduces provision relating to phytosanitary certification fees, creating an exemption to provide that such fees are not payable in relation to exports from Scotland to Northern Ireland in certain circumstances. This exemption ceases to have effect at the end of 31 December 2022. Regulation 3 also provides for increases in the fees for services in relation to plant passport authorities and applications for phytosanitary certificates to reflect an inflationary rise in the cost of providing those services since the introduction of those fees.

Regulation 4 amends the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 and makes provision in order to address failures of retained EU law to operate effectively arising from the withdrawal of the United Kingdom from the European Union.

A business and regulatory impact assessment has not been prepared in relation to these Regulations as no, or no significant impact upon business, charities or voluntary bodies is foreseen.