The Plant Health (Fees) (Forestry) (Scotland) (Amendment) Regulations 2023

Made14th December 2023

Coming into force31st December 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 7 of schedule 4 and paragraph 21 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 the resolution of the Scottish Parliament.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Plant Health (Fees) (Forestry) (Scotland) (Amendment) Regulations 2023 and come into force on 31 December 2023.

(2)

These Regulations extend to Scotland only.

Amendments to the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20152.

(1)

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20153 are amended as follows.

(2)

In the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 in Regulation 3(5BB) for “31 December 2023” substitute “30 June 2025”.

(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
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
(b) thereafter, for each additional 15 minutes or part thereof
£12.38”

Type of Inspection	Fee
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
(b) thereafter, for each additional 15 minutes or part thereof	£12.38”

LORNA SLATER

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th December 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015.

Regulation 3(5A) to (5BB) of the 2015 Regulations makes provision relating to phytosanitary certification fees, including an exemption to provide that such fees are not payable in relation to exports from Scotland to Northern Ireland in certain circumstances. Regulation 2(2) amends regulation 3(5BB) of the 2015 Regulations to change the date on which this exemption ceases to have effect from 31 December 2023 to 30 June 2025.

Regulation 2(3) introduces a revised schedule providing greater clarity on the intended scope of applicable fees for audit inspections of professional operators issuing plant passports.