The Import and Export (Plant Health Fees) (England and Wales) Order 1988

Interpretation

3.—(1) In this Order, unless the context otherwise requires –

“alternative fee” means a fee prescribed in column 4 of Schedule 1;

“the appropriate Minister” means, in relation to England, the Minister and, in relation to Wales, the Secretary of State for Wales;

“basic fee” means a fee prescribed in column 3 of Schedule 1;

“certificate” means a phytosanitary certificate or a re-forwarding phytosanitary certificate;

“district” means, in Wales, a community and, in England, a parish or where there is no parish a district ward;

“financial year” means the twelve months ending with 31st March;

“import licence” means a licence issued by the appropriate Minister under article 42 of the Plant Health (Great Britain) Order 1987(1) authorising the landing in Great Britain of anything the landing of which is otherwise prohibited by that Order;

“micro-plant” means a micro-propagated plant in vitro or a plant which is –

(i)

produced by micro-propagation,

(ii)

weaned, and

(iii)

not more than 5 centimetres in height;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“national list” means a list of plant varieties prepared and published in a Member State which corresponds to that prepared and published under regulation 4 of the Seeds (National List of Varieties) Regulations 1982(2);

“phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer of the appropriate Minister under article 12 of the Plant Health (Great Britain) Order 1987 and “re-forwarding phytosanitary certificate” means a re-forwarding phytosanitary certificate issued by such an inspector or officer under that article;

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

“reduced fee” means a fee equal to one-half of a basic fee or an alternative fee;

“small consignment” means a consignment –

(i)

of the following articles not more than 100 that is to say plants, fruits, bulbs, corms, rhizomes, tubers, bud sticks or cut flowers, or

(ii)

of the following articles not more than 1,000 that is to say rooted seedlings, or rooted or unrooted cuttings, not more than 15 centimetres in height or micro-plants, or

(iii)

whose gross value, to the satisfaction of the appropriate Minister, is less than £100;

“soil” includes any growing medium;

“stock” means the whole or part of a single crop of a single cultivar from a single field.

(2) Where a fee prescribed by 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.

(1)

S.I. 1987/1758.

(2)

S.I. 1982/844, amended by S.I. 1985/1529.