The Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1999

Statutory Instruments

1999 No. 783

PLANT HEALTH

The Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1999

Made

12th March 1999

Laid before Parliament

17th March 1999

Coming into force

6th April 1999

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 and commencement

1.  These Regulations may be cited as the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1999 and shall come into force on 6th April 1999.

Amendment of the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996

2.—(1) The Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996(3) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1 (title, commencement, extent and interpretation), in paragraph (3) –

(a) after the definition of “authority” there shall be inserted –

““Class A specified wood” means wood described in column 2 (description of relevant material) of items 1, 4 to 10 and 23 to 29 in Part A of Schedule 4 to the Order(4)

“Class B specified wood” means wood described in column 2 (description of relevant material) of items 2, 2A and 3 in Part A of Schedule 4 to the Order;”;

(b) for the definition of “relevant corresponding conditions” there shall be substituted –

• ““relevant corresponding conditions”, in relation to any Class A specified wood, Class B specified wood or specified isolated bark, means the conditions specified in column 3 (conditions of landing) and column 4 (certification) of Part A of Schedule 4 to the Order (material consigned directly from third countries whose landing in Great Britain is subject to special conditions) which correspond to that Class A specified wood, Class B specified wood or specified isolated bark;”; and

(c) for the definition of “specified wood or isolated bark” there shall be substituted –

““specified isolated bark” means isolated bark described in column 2 (description of relevant material) of items 20 to 22 in Part A of Schedule 4 to the Order;”.

(3) For Schedule 3 there shall be substituted the provisions of the Schedule to these Regulations.

In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on

L.S.

W.F.G. Strang

Secretary to the Forestry Commissioners

12th March 1999.

Regulation 2(3)

SCHEDULE

Regulation 2(c)

“SCHEDULE 3 FEES IN RESPECT OF CLASS A SPECIFIED WOOD, CLASS B SPECIFIED WOOD AND SPECIFIED 1SOLATED BARK

(1)	(2)	(3)
Item	Service	Fee
1.	Inspection of Class A specified wood or specified isolated bark to monitor compliance with the relevant corresponding conditions	14 pence per cubic metre of Class A specified wood or specified isolated bark landed (with a minimum fee of £11.50 per inspection)
2.	The carrying out of remedial work required to ensure compliance with the relevant corresponding conditions on Class A specified wood, Class B specified wood or specified isolated bark by an inspector, or the supervision by an inspector of any such remedial work required by an inspector, including associated activities (including travelling and office time): (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 come into force on 6th April 1999, amend the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 (as amended).

These Regulations amend the 1996 Regulations to insert definitions of “Class A specified wood” and “Class B specified wood”, replace the definition of “specified wood or isolated bark” with a definition of “specified isolated bark” and make a consequential amendment to the definition of “relevant corresponding conditions” (regulation 2(2)).

These Regulations prescribe that the fees for inspection of Class A specified wood and specified isolated bark are 14 pence per cubic metre (the fees for inspection of specified wood and isolated bark were 12 pence per cubic metre) and that the minimum fee per inspection is £11.50 (the minimum fee per inspection was £10) (regulation 2(3) and Schedule).

These Regulations prescribe a fee for remedial work carried out on Class B specified wood at the same level as the fee for Class A specified wood and specified isolated bark (regulation 2(3) and Schedule).

A Regulatory Impact 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 Service 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. 1996/2291 as amended by S.I. 1997/655.

(4)

“the Order” is defined in regulation 1 as the Plant Health (Forestry) (Great Britain) Order 1993, S.I. 1993/1283; relevant amending instrument is S.I. 1998/3109.