The Plant Health (Export Certification) (England) (Amendment) Order 2015

Statutory Instruments

2015 No. 382

Plant Health, England

The Plant Health (Export Certification) (England) (Amendment) Order 2015

Made

23rd February 2015

Laid before Parliament

26th February 2015

Coming into force

6th April 2015

The Secretary of State(1), with the consent of the Treasury, makes the following Order in exercise of the powers conferred by sections 3(1) and 4A of the Plant Health Act 1967(2).

Title and commencementE+W+S

1.  This Order may be cited as the Plant Health (Export Certification) (England) (Amendment) Order 2015 and comes into force on 6th April 2015.

Amendment of the Plant Health (Export Certification) (England) Order 2004E+W+S

2.—(1) The Plant Health (Export Certification) (England) Order 2004(3) is amended as follows.

(2) For Schedule 3(4) substitute—

Articles 3 and 4

SCHEDULE 3E+W+SApplications for certificates: fees

Services in respect of applications for certificatesFee (£)

Fee

(small exporter)(£)

(1) Services for consignments other than grain:
(a) inspection and, where necessary, laboratory examination65.24 for each quarter hour or part thereof with a minimum fee of 130.4832.62 for each quarter hour or part thereof with a minimum fee of 65.24
(b) laboratory examination only36.3518.18
(c) issue of a certificate where no inspection or laboratory examination is required13.876.94
(2) Services for consignments of grain:
monitoring of inspections carried out by a person authorised under article 3(3) and, where necessary, laboratory examination carried out by an authorised officer59.5329.74.

(3) For Schedule 4(5) substitute—

Article 4

SCHEDULE 4E+W+SPre-export service fees

ServiceFee (£)Fee (small exporter) (£)
Pre-export service49.68 for each quarter hour or part thereof with a minimum fee of 99.3624.84 for each quarter hour or part thereof with a minimum fee of 49.68.

de Mauley

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

16th February 2015

We consent

Alun Cairns

Gavin Barwell

Two of the Lords Commissioners of Her Majesty’s Treasury

23rd February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Export Certification) (England) Order 2004 (S.I. 2004/1404) to provide for a 10.7% increase to the fees specified in that Order. The fee levels set out in this Order form the final part of a move towards full cost recovery of fees over three years. Further details are provided in the Explanatory Memorandum.

An impact assessment of the effects of this Order on the costs of business, in relation to the types of fee covered, is published with its Explanatory Memorandum on www.legislation.gov.uk and is available at www.gov.uk or from the Plant Health Policy and Bee Policy Unit, Defra, 10GA07, Sand Hutton, York YO14 1LZ.

(1)

The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 (c.8) were, so far as exercisable in relation to Wales, transferred to the Secretary of State by article 2 of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272). Those functions were transferred from the Secretary of State to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32). The remaining functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

1967 c.8; section 3(1) was amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8 and further amended by S.I. 2011/1043, Part 2, article 6(1)(e); section 4A was inserted by the Agriculture Act 1986 (c.49), section 3.

(4)

Schedule 3 was substituted by S.I. 2013/572, article 2(2) and by S.I. 2014/609, article 2(3).

(5)

Schedule 4 was inserted by S.I. 2005/3480, article 2(6). It was substituted by S.I. 2013/572, article 2(3) and by S.I. 2014/609, article 2(4).