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

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.