The Plant Health Fees (Scotland) Amendment Regulations 2004

Scottish Statutory Instruments

2004 No. 249

PLANT HEALTH

The Plant Health Fees (Scotland) Amendment Regulations 2004

Made

27th May 2004

Laid before the Scottish Parliament

1st June 2004

Coming into force

22nd June 2004

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Plant Health Fees (Scotland) Amendment Regulations 2004 and shall come into force on 22nd June 2004.

Amendment of the Plant Health Fees (Scotland) Regulations 1996

2.—(1) The Plant Health Fees (Scotland) Regulations 1996(2) are amended in accordance with this regulation.

(2) After regulation 4 (fees for licensing services) insert–

Fees for potato quarantine testing

4A.   There shall be paid to the Scottish Ministers in respect of any service described in column 1 of Schedule 3 to these Regulations the fee specified in column 2 of that Schedule opposite the reference to that service.”.

(3) After Schedule 2 (fees in respect of licensing services) insert Schedule 3 set out in the Schedule to these Regulations.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

27th May 2004

Regulation 2(3)

SCHEDULE New Schedule 3 to the Plant Health Fees (Scotland) Regulations 1996

Regulation 4A

“SCHEDULE 3 FEES IN RESPECT OF POTATO QUARANTINE TESTING

Column 1	Column 2
Service	Fee
	£
1.   Testing of plant material to be used exclusively by the purchaser of the service.	380.00
2.   Testing of plant material not to be used exclusively by the purchaser of the service.	180.00”

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Plant Health Fees (Scotland) Regulations 1996. The Regulations introduce a new fee for potato quarantine testing for material imported in accordance with article 30A of the Plant Health (Great Britain) Order 1993 and subject to the appropriate quarantine measures referred to in paragraph 6 of that article.

Other fees are unchanged.

The fees prescribed by these Regulations in relation to plant quarantine testing reflect the costs expected to be incurred in undertaking the inspections.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

S.I. 1996/1784.