The Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996

Statutory Instruments

1996 No. 2291

PLANT HEALTH

The Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996

Made

4th September 1996

Laid before Parliament

10th September 1996

Coming into force

1st October 1996

The Forestry Commissioners, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the common agricultural policy of the European Community in respect of forestry, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 and shall come into force on 1st October 1996.

(2) These Regulations extend to Great Britain.

(3) In these Regulations—

“authority” means an authority to issue plant passports under article 17 of the Plant Health (Forestry) (Great Britain) Order 1993(3);

“licence” means a licence under article 28 or 28A of the Plant Health (Forestry) (Great Britain) Order 1993.

Fees

2.  There shall be paid to the Forestry Commissioners—

(a) in respect of each service of the type described in column 1 of Schedule 1 to these Regulations the fee prescribed in column 2 of that Schedule in relation to that service;

(b) in respect of each service of a type described in column 2 of Schedule 2 to these Regulations the fee prescribed in column 3 of that Schedule in relation to that service.

Revocations

3.  The Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990(4) and the Import and Export (Plant Health Fees) (Forestry) (Great Britain) (Amendment) Order 1991(5) are hereby revoked.

In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 4th September 1996.

L.S.

T J D Rollinson

Secretary to the Forestry Commissioners

Article 2(a)

SCHEDULE 1 FEES IN RESPECT OF EXAMINATIONS IN CONNECTION WITH THE GIVING, VARIATION OR SUSPENSION OF AUTHORITIES

(1)	(2)
Service	Fee
Examination and associated activities (including travelling and office time) in connection with the giving, variation or suspension of an authority—
(a) up to and including the first hour	£27
(b) thereafter, for each additional 30 minutes of part thereof	£10

Article 2(b)

SCHEDULE 2 FEES IN RESPECT OF APPLICATIONS FOR LICENCES ANDINSPECTIONS IN CONNECTION WITH LICENCES

(1)	(2)	(3)
Item	Service	Fee
1	Application for a licence	£305
2	Application for extension or variation of a licence with changes requiring scientific or technical assessment	£100
3	Application for extension of a licence with no changes or for extension or variation of a licence with changes requiring no scientific or technical assessment	£12
4	Inspection and associated activities (including travelling and office time) for monitoring compliance with licence terms and conditions—
	(a) up to and including the first hour	£27
	(b) thereafter, for each additional 30 minutes or part thereof	£10

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, revoke and supersede the Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990 and the Import and Export (Plant Health Fees) (Forestry) (Great Britain) (Amendment) Order 1991.

The Regulations, which come into force on 1st October 1996, prescribe the fees payable in respect of services provided by the Forestry Commissioners in connection with the giving, variation or suspension of authorities to issue plant passports under article 17 of the Plant Health (Forestry) (Great Britain) Order 1993 and in connection with licences under articles 28 or 28A of that Order. These services are provided in accordance with the requirements of Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No. L26, 31.1.77, p.20), as amended, and Commission Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections (OJ No. L184, 3.8.95, p.34).

The fees prescribed in respect of authorities to issue plant passports are introduced by these Regulations. The structure of the fees that were previously prescribed in respect of import licensing services by the Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990 is also revised by these Regulations. The fee in respect of an application for an import licence is raised from £275 to £305, to reflect increases in administrative costs since this fee was last altered in 1991, while the fee in respect of an application for the extension or variation of a licence with no changes or with changes requiring no scientific or technical assessment is lowered from £40 to £12.

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament, and copies can be obtained from the Plant Health Branch of the Forestry Commission, 231 Corstorphine Road, Edinburgh EH12 7AT.

(1)

S.I. 1996/266. See section 2(1) of, and Schedule 1 to, the Forestry Act 1967 (c. 10) for details of the constitution of the Forestry Commissioners.

(2)

1972 c. 68.

(3)

S.I. 1993/1283, amended by S.I. 1994/3094, 1995/1989, 1996/751.

(4)

S.I. 1990/1668.

(5)

S.I. 1991/2523.