The Plant Health (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2021
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 22 December 2021.
(2)
These Regulations extend to Scotland only.
The Plant Health (Import Inspection Fees) (Scotland) Regulations 20142.
(1)
(2)
In schedule 2 (reduced import inspection fees for physical and identity checks), in entry 23 (Bark) of the table for “25,00” substitute “25,000kg”
.
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20153.
(1)
(2)
“(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)
“SCHEDULE 1Fees for inspections in connection with a plant passport authority
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)
“SCHEDULE 5AFees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export: Scotland
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 plants, plant products or other objects 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)
(2)
In regulation 6(1) (disclosure of information)—
(a)
for “Union territory” substitute “United Kingdom or to a CD authority”
,
(b)
omit “EU”.
St Andrew’s House,
Edinburgh
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.