The Plant Health (Fees) (Forestry) Regulations 2006 (revoked)

Title and commencementU.K.

1.  These Regulations may be cited as the Plant Health (Fees) (Forestry) Regulations 2006 and come into force on 6th November 2006.

InterpretationU.K.

2.—(1) In these Regulations—

[F1“action” means any action for which a fee is payable pursuant to paragraphs (2) to (6) of regulation 3;]

“authority” means an authority to issue plant passports under article 28 of the Order;

“consignment” has the meaning given by Article 2(1)(p) of the Directive;

“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1) as amended by amendments up to and including those effected by Commission Directive 2006/35/EC(2);

“documentary check” has the meaning given by Article 13a(1)(b)(i) of the Directive;

“licence” means a licence to carry out any activity to which article 38 of the Order applies;

“the Order” means the Plant Health (Forestry) Order 2005(3);

“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9 to the Order, issued by or with the authority of the Forestry Commissioners, and includes a replacement plant passport;

“remedial notice” means a notice served under articles 31(1) or (4) or 33(3) of the Order; and

“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice or by an inspector under article 32(1) of the Order.

(2) Words and expressions which are not defined in these Regulations and which appear in the Order have the same meaning in these Regulations as they have in the Order.

Textual Amendments

FeesU.K.

3.—[F2(1)  Fees are payable—

(a)to the Forestry Commissioners, where an action is carried out by—

(i)the Forestry Commissioners; or

(ii)an inspector in circumstances where the relevant function of the inspector is exercisable by an inspector authorised by the Forestry Commissioners;

(b)to the Welsh Ministers, where an action is carried out by—

(i)the Welsh Ministers; or

(ii)an inspector in circumstances where the relevant function of the inspector is exercisable by an inspector authorised by the Welsh Ministers.]

(2) The fee for an inspection related to an authority is specified in Schedule 1.

(3) The fee payable in connection with an application or for an inspection related to a licence is specified in Schedule 2.

(4) An importer shall pay in respect of the following checks carried out on a consignment to which paragraph (6) applies—

(a)the fee specified in Schedule 3 for a plant health check;

(b)the fee specified in Schedule 4 for a documentary check; and

(c)the fee specified in Schedule 4 for an identity check.

[F3(4A) Where the consignment referred to in paragraph (4) consists of any material of a description in the first column of Schedule 3A and originates from a country listed in the third column of that Schedule, paragraph (4)(a) does not apply and instead the fee payable is that specified in Schedule 3A, such fee being due upon import whether or not a plant health check is carried out.

(4B) Where, at the request of an importer, a plant health check is carried out at an approved place of inspection on a consignment referred to in the paragraph (4A), the fee specified in item 3 of Schedule 3 is payable.]

(5) The person on whom a remedial notice is served or who is given notice under article 32(1) of the Order shall pay the fee specified in Schedule 5 for remedial work in connection with a consignment to which paragraph (6) applies.

(6) This paragraph applies to a consignment of (or a consignment which an inspector reasonably suspects to be)—

(a)isolated bark of a type listed in Schedule 5, Part A, paragraph 3 or Part B, paragraph 3 to the Order; or

(b)wood of a type listed in Schedule 5, Part A, paragraph 4 or Part B, paragraph 1 to the Order, other than wood packaging material which is actually in use in the transport of objects of all kinds,

to which the provisions of Part 2 of the Order apply.

Textual Amendments

RevocationsU.K.

4.  The following Regulations are revoked—

(a)the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996(4);

(b)the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1997(5); and

(c)the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1999(6).

Sealed with the official seal of the Forestry Commissioners on 10th October 2006

Wilma Harper

Secretary to the Forestry Commissioners