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The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021

Type Scottish-Statutory-Instrument

Publication 2021-03-18

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Reform history JSON API

Made: 18th March 2021

Coming into force in accordance with regulation 1

In accordance with paragraphs 1(6) and 8F(5) of schedule 7 of that Act[^f00002], a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement, extent and interpretation

1

(1) These Regulations may be cited as the Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force—

(a) as regards the provisions mentioned in paragraph (2), on 1 July 2021,

(b) otherwise on 1 April 2021.

(2) The provisions are—

(a) regulation 2(3) so far as it inserts the following into the 2014 Regulations—

(i) regulation 4(5) of the 2014 Regulations,

(ii) regulation 4(6)(d) of the 2014 Regulations,

(b) regulation 2(6),

(3) These Regulations extend to Scotland only.

(4) In these Regulations, “the 2014 Regulations” means the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014[^f00003].

The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

2

(1) The 2014 Regulations are amended as follows.

(2) For regulation 3(2)(b) (application of the import inspection fee) substitute—

(b) is— (i) landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or (ii) subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.

(3) For regulation 4 (fees) substitute—

(4) (1) Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check— (a) during normal working hours, is the fee specified in the fourth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or (b) outside normal working hours, is the fee specified in the fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. (2) Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland. (3) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check— (a) during normal working hours, is the fee specified in the fourth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or (b) outside normal working hours, is the fee specified in the fifth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. (4) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2 and originating from a country listed in the fourth column of that schedule— (a) the fee specified for a physical check— (i) during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or (ii) outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, (b) the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. (5) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland— (a) the fee specified for a physical check— (i) during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or (ii) outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, (b) the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. (6) The fee specified for— (a) a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A, (b) a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A, (c) a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A, (d) a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A.

(4) After schedule 1, insert—

SCHEDULE1A

Item	Item	Plant, plant product or other object	Quantity	Quantity	Quantity	Quantity	*Fees	*Fees	*Fees	*Fees	*Fees
Item	Item	Plant, plant product or other object	Quantity	Quantity	Quantity	Quantity	Normal working hours	Normal working hours	Normal working hours	Outside normal working hours	Outside normal working hours
1	1	Abies	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
1	1	Abies	for each additional 1,000 units (or part thereof)	for each additional 1,000 units (or part thereof)	for each additional 1,000 units (or part thereof)	for each additional 1,000 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
2	2	Acer palmatum	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
2	2	Acer palmatum	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
3	3	Castanea sativaMill.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
3	3	Castanea sativaMill.	for each additional 1,000 units (or part thereof)	for each additional 1,000 units (or part thereof)	for each additional 1,000 units (or part thereof)	for each additional 1,000 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
4	4	Chamaecyparissp. Spach bonsai plants**	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
4	4	Chamaecyparissp. Spach bonsai plants**	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
5	5	Coffea	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
5	5	Coffea	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
6	6	Ulmussp.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
6	6	Ulmussp.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
7	7	Juniperussp. L. bonsai plants**	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
7	7	Juniperussp. L. bonsai plants**	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
8	8	Larix	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
8	8	Larix	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
9	9	LavandulaL.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
9	9	LavandulaL.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
10	10	Nerium oleanderL.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
10	10	Nerium oleanderL.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
11	11	QuercusL.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
11	11	QuercusL.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
12	12	Olea europaeaL.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
12	12	Olea europaeaL.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
13	13	Palmae	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
13	13	Palmae	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
14	14	Picea	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
14	14	Picea	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
15	15	Pinus	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
15	15	Pinus	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
16	16	Pinus parvifloraSieb. & Zucc. (Pinus pentaphylla Mayr) bonsai plants⁽¹⁾	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
16	16	Pinus parvifloraSieb. & Zucc. (Pinus pentaphylla Mayr) bonsai plants⁽¹⁾	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
17	17	Pinus parvifloraSieb & Zucc. bonsai plants, grafted on a rootstock of another Pinusspecies	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
17	17	Pinus parvifloraSieb & Zucc. bonsai plants, grafted on a rootstock of another Pinusspecies	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
18	18	Pinus thunbergiParl. bonsai plants, grafted on a rootstock of another Pinusspecies	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
18	18	Pinus thunbergiParl. bonsai plants, grafted on a rootstock of another Pinusspecies	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
19	19	Platanus	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
19	19	Platanus	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
20	20	Polygala myrtifolia	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
20	20	Polygala myrtifolia	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
21	21	PrunusL.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
21	21	PrunusL.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
22	22	Rosmarinus officinalis L.	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	up to 1,000 in number	£30	£30	£30	£54	£54
22	22	Rosmarinus officinalis L.	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	for each additional 100 units (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£1.00 up to a maximum of £318	£1.00 up to a maximum of £318
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users
23	23	All genera	Per consignment – up to 200kg in weight	Per consignment – up to 200kg in weight	Per consignment – up to 200kg in weight	£30	£30	£30	£54	£54	£54
23	23	All genera	For each additional 10kg (or part thereof)	For each additional 10kg (or part thereof)	For each additional 10kg (or part thereof)	£0.20 up a maximum of £168	£0.20 up a maximum of £168	£0.20 up a maximum of £168	£0.40 up to maximum of £318	£0.40 up to maximum of £318	£0.40 up to maximum of £318
Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users	Seeds, tissue cultures, not intended for final users
24	24	All genera	Per consignment up to 100kg in weight	Per consignment up to 100kg in weight	Per consignment up to 100kg in weight	£30	£30	£30	£54	£54	£54
24	24	All genera	For each additional 10kg (or part thereof)	For each additional 10kg (or part thereof)	For each additional 10kg (or part thereof)	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.50 up to a maximum of £168	£0.90 up to a maximum of £318	£0.90 up to a maximum of £318	£0.90 up to a maximum of £318
Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes
25	Solanum tuberosum L. intended for planting (seed potatoes)	Solanum tuberosum L. intended for planting (seed potatoes)	up to 25,000kg in weight	up to 25,000kg in weight	£64	£64	£64	£64	£64	£96	£96
25	Solanum tuberosum L. intended for planting (seed potatoes)	Solanum tuberosum L. intended for planting (seed potatoes)	For each additional 25,000kg	For each additional 25,000kg	£52	£52	£52	£52	£52	£78	£78
26	Solanum tuberosum L. (ware potatoes), from Spain	Solanum tuberosum L. (ware potatoes), from Spain	up to 25,000kg in weight	up to 25,000kg in weight	£64	£64	£64	£64	£64	£96	£96
26	Solanum tuberosum L. (ware potatoes), from Spain	Solanum tuberosum L. (ware potatoes), from Spain	For each additional 25,000kg	For each additional 25,000kg	£52	£52	£52	£52	£52	£78	£78
Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users	Other plants intended for planting not specified elsewhere in this table, not intended for final users
27	All genera	All genera	All genera	Per consignment	Per consignment	Per consignment	Per consignment	£30	£30	£30	£54
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.

(5) For schedule 2 (reduced import inspection fees for physical checks) substitute—

SCHEDULE2

Item	Product	Quantity	Country of Origin	*Fees	*Fees	*Fees
				Normal working hours	Outside normal working hours	Identity check
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**	Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**
1	All genera	Per consignment – up to 200kg in weight	Any European Union Member State, Liechtenstein or Switzerland	£13.80	£21.60	£0.60
1	All genera	for each additional 10kg (or part thereof)	Any European Union Member State, Liechtenstein or Switzerland	£0.02	£0.04	£0.60
1	All genera	Maximum price	Any European Union Member State, Liechtenstein or Switzerland	£26.40	£46.80	£0.60
Seeds, tissue cultures, intended for final users or to produce plants for final use**	Seeds, tissue cultures, intended for final users or to produce plants for final use**	Seeds, tissue cultures, intended for final users or to produce plants for final use**	Seeds, tissue cultures, intended for final users or to produce plants for final use**	Seeds, tissue cultures, intended for final users or to produce plants for final use**	Seeds, tissue cultures, intended for final users or to produce plants for final use**	Seeds, tissue cultures, intended for final users or to produce plants for final use**
2	All genera	Per consignment – up to 100kg in weight	Any European Union Member State, Liechtenstein or Switzerland	£12.90	£19.80	£0.30
2	All genera	For each additional 10kg (or part thereof)	Any European Union Member State, Liechtenstein or Switzerland	£0.02	£0.04	£0.30
2	All genera	Maximum price	Any European Union Member State, Liechtenstein or Switzerland	£19.20	£32.40	£0.30
Cut Flowers	Cut Flowers	Cut Flowers	Cut Flowers	Cut Flowers	Cut Flowers	Cut Flowers
3	Aster	Up to 20,000 in number	Zimbabwe	£25.50	£45.00	£4.50
3	Aster	for each additional 1,000 units	Zimbabwe	£0.15	£0.23	£4.50
3	Aster	maximum price	Zimbabwe	£120.00	£234.00
4	Dianthus	up to 20,000 in number	Colombia	£12.60	£19.10	£0.18
4	Dianthus	up to 20,000 in number	Ecuador, Turkey	£14.70	£23.40	£0.90
4	Dianthus	up to 20,000 in number	Kenya	£12.90	£19.80	£0.30
4	Dianthus	for each additional 1,000 units	Columbia	£0.01	£0.01
4	Dianthus	for each additional 1,000 units	Ecuador, Turkey	£0.03	£0.05
4	Dianthus	for each additional 1,000 units	Kenya	£0.01	£0.02
4	Dianthus	maximum price	Colombia	£16.40	£26.70
4	Dianthus	maximum price	Ecuador, Turkey	£33.60	£61.20
4	Dianthus	maximum price	Kenya	£19.20	£32.40
5	Rosa	up to 20,000 in number	Colombia	£12.60	£19.10	£0.18
5	Rosa	up to 20,000 in number	Ecuador	£12.20	£18.40	£0.06
5	Rosa	up to 20,000 in number	Ethiopia	£12.90	£19.80	£0.30
5	Rosa	up to 20,000 in number	Kenya, Zambia	£13.80	£21.60	£0.60
5	Rosa	up to 20,000 in number	Tanzania	£21.00	£36.00	£3.00
5	Rosa	for each additional 1,000 units	Colombia	£0.01	£0.01
5	Rosa	for each additional 1,000 units	Ecuador	£0.01	£0.01
5	Rosa	for each additional 1,000 units	Ethiopia	£0.01	£0.02
5	Rosa	for each additional 1,000 units	Kenya, Zambia	£0.02	£0.03
5	Rosa	for each additional 1,000 units	Tanzania	£0.10	£0.15
5	Rosa	maximum price	Colombia	£16.40	£26.70
5	Rosa	maximum price	Ecuador	£13.40	£20.90
5	Rosa	maximum price	Ethiopia	£19.20	£32.40
5	Rosa	maximum price	Kenya, Zambia	£26.40	£46.80
5	Rosa	maximum price	Tanzania	£84.00	£162.00
Branches with foliage, parts of Conifers (other than Christmas trees)	Branches with foliage, parts of Conifers (other than Christmas trees)	Branches with foliage, parts of Conifers (other than Christmas trees)	Branches with foliage, parts of Conifers (other than Christmas trees)	Branches with foliage, parts of Conifers (other than Christmas trees)	Branches with foliage, parts of Conifers (other than Christmas trees)	Branches with foliage, parts of Conifers (other than Christmas trees)
6	All genera	Per consignment – up to 200kg in weight	Any EU Member State, Liechtenstein or Switzerland	£1.50	2.70	£0.30
6	All genera	For each additional 100kg (or part thereof )	Any EU Member State, Liechtenstein or Switzerland	£0.16	£0.18	£0.30
7	Phoenix	up to 20,000 in number	Costa Rica	£21.00	£36.00	£3.00
7	Phoenix	for each additional 1,000 units	Costa Rica	£0.10	£0.15	£3.00
7	Phoenix	maximum price	Costa Rica	£84.00	£162.00	£3.00
Fruit	Fruit	Fruit	Fruit	Fruit	Fruit	Fruit
8	Carica papaya	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
8	Carica papaya	for each additional 1,000kg	Any third country	£0.04	£0.08	£0.30
9	Cydonia	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
9	Cydonia	for each additional 1,000kg	Any third country in Europe	£0.04	£0.08
10	Fragaria	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
10	Fragaria	for each additional 1,000kg	Any third country	£0.04	£0.08
11	Malus	up to 25,000kg in weight	Argentina	£18.30	£30.60	£2.10
11	Malus	up to 25,000kg in weight	Brazil	£21.00	£36.00	£3.00
11	Malus	up to 25,000kg in weight	Chile, Any third country in Europe, South Africa	£12.90	£19.80	£0.30
11	Malus	up to 25,000kg in weight	New Zealand	£13.80	£21.60	£0.60
11	Malus	for each additional 1,000kg	Argentina	£0.28	£0.53
11	Malus	for each additional 1,000kg	Brazil	£0.40	£0.75
11	Malus	for each additional 1,000kg	Chile, South Africa	£0.04	£0.08
11	Malus	for each additional 1,000kg	New Zealand	£0.08	£0.15
12	Persea americana	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
12	Persea americana	for each additional 1,000kg	Any third country	£0.04	£0.08	£0.30
13	Prunus	up to 25,000kg in weight	Argentina	25.50	£45.00	£4.50
13	Prunus	up to 25,000kg in weight	Chile	£13.80	£21.60	£0.60
13	Prunus	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
13	Prunus	up to 25,000kg in weight	Morocco	£21.00	£36.00	£3.00
13	Prunus	up to 25,000kg in weight	Turkey	£18.30	£30.60	£2.10
13	Prunus	for each additional 1,000kg	Argentina	£0.60	£1.13
13	Prunus	for each additional 1,000kg	Chile	£0.08	£0.15
13	Prunus	for each additional 1,000kg	Any third country in Europe	£0.04	£0.08
13	Prunus	for each additional 1,000kg	Morocco	£0.40	£0.75
13	Prunus	for each additional 1,000kg	Turkey	£0.28	£0.53
14	Prunus – other thanP. persica	up to 25,000kg in weight	South Africa	£13.80	£21.60	£0.60
14	Prunus – other thanP. persica	for each additional 1,000kg	South Africa	£0.08	£0.15	£0.60
15	Pyrus	up to 25,000kg in weight	Argentina, Chile	£14.70	£23.40	£0.90
15	Pyrus	up to 25,000kg in weight	China	£21.00	£36.00	£3.00
15	Pyrus	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
15	Pyrus	up to 25,000kg in weight	South Africa	£13.80	£21.60	£0.60
15	Pyrus	for each additional 1,000kg	Argentina, Chile	£0.12	£0.23
15	Pyrus	for each additional 1,000kg	China	£0.40	£0.75
15	Pyrus	for each additional 1,000kg	Any third country in Europe	£0.04	£0.08
15	Pyrus	for each additional 1,000kg	South Africa	£0.08	£0.15
16	Ribes	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
16	Ribes	for each additional 1,000kg	Any third country in Europe	£0.04	£0.08	£0.30
17	Rubus	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
17	Rubus	for each additional 1,000kg	Any third country	£0.04	£0.08	£0.30
18	Vaccinium	up to 25,000kg in weight	Argentina	£16.50	£27.00	£1.50
18	Vaccinium	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
18	Vaccinium	up to 25,000kg in weight	Chile, Peru	£13.80	£21.60	£0.60
18	Vaccinium	for each additional 1,000kg	Argentina	£0.20	£0.38
18	Vaccinium	for each additional 1,000kg	Any third country in Europe	£0.04	£0.08
18	Vaccinium	for each additional 1,000kg	Chile, Peru	£0.08	£0.15
19	Vitis	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
19	Vitis	for each additional 1,000kg	Any third country	£0.04	£0.08
Vegetables	Vegetables	Vegetables	Vegetables	Vegetables	Vegetables	Vegetables
20	Solanum lycopersicon	up to 25,000kg in weight	Canary Islands, Morocco	£12.90	£19.80	£0.03
20	Solanum lycopersicon	for each additional 1,000kg	Canary Islands, Morocco	£0.04	£0.08	£0.03
21	Solanum melongena	up to 25,000kg in weight	Turkey	£14.70	£23.40	£0.90
21	Solanum melongena	for each additional 1,000kg	Turkey	£0.12	£0.23	£0.90
Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes	Tubers of potatoes
22	Solanum tuberosum L. (ware potatoes)	up to 25,000kg in weight	Poland, Portugal, Romania	£32	£48	£3.00
22	Solanum tuberosum L. (ware potatoes)	for each additional 25,000kg in weight (or part thereof)	Poland, Portugal, Romania	£26	£39	£3.00
Bark	Bark	Bark	Bark	Bark	Bark	Bark
23	Bark	Per consignment – up to 25,00 in weight	Any European Union Member State, Liechtenstein or Switzerland	£12.90	£19.80	£0.30
23	Bark	for each additional 1,000kg (or part thereof)	Any European Union Member State, Liechtenstein or Switzerland	£0.04	£0.13	£0.30
Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**	Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**	Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**	Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**	Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**	Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**	Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**
24	All genera	Per consignment	Any European Union Member State, Liechtenstein or Switzerland	£14.40	£21.60	£0.60
Other objects	Other objects	Other objects	Other objects	Other objects	Other objects	Other objects
25	Machinery or vehicles which have been operated for agricultural or forestry purposes	Per Consignment	Any third country, any European Union Member State, Liechtenstein or Switzerland	£12.90	£19.80	£0.30
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.

(6) After schedule 2 insert—

SCHEDULE2ZA

Item	Plant, plant product or other object	Quantity	Fees – Physical checks*	Fees – Physical checks*	Fees – Identity Check
Item	Plant, plant product or other object	Quantity	Normal working hours	Outside normal working hours
1	Cut Flowers (all genera)	Per consignment – up to 20,000 in number	£13.00	£19.00	£0.18
1	Cut Flowers (all genera)	for each additional 1,000 units (or part thereof)	£0.02 up to a maximum of £20.00	£0.01 up to a maximum of £27.00
2	Cut Christmas trees (all genera)	Per consignment – up to 1,000 in number	£13.00	£19.00	£0.18
2	Cut Christmas trees (all genera)	for each additional 1,000 units (or part thereof)	£0.18 up to a maximum of £20.00	£0.36 up to a maximum of £27.00
3	Leaves of plants, such as herbs, spices and leafy vegetables	Per consignment – up to 100kg in weight	£13.00	£19.00	£0.18
3	Leaves of plants, such as herbs, spices and leafy vegetables	For each additional 10kg (or part thereof)	£0.02 up to a maximum of £20	£0.11 up to a maximum of £318
4	Fruits (all genera) and vegetables (all genera)	Per consignment – up to 25,000kg in weight	£13.00	£19.00	£0.18
4	Fruits (all genera) and vegetables (all genera)	For each additional 1,000kg (or part thereof)	£0.04	£0.06
5	Solanum tuberosum L. (ware potatoes), other than from Poland, Portugal, Romania and Spain	Per lot – up to 25,000 kg in weight	£26.00	£39.00	£0.18
5	Solanum tuberosum L. (ware potatoes), other than from Poland, Portugal, Romania and Spain	For each additional 25,000kg in weight (or part thereof)	£26.00	£39.00
6	Grain	Per lot – up to 25,000 kg in weight	£13.00	£19.00	£0.18
6	Grain	For each additional 1,000kg in weight (or part thereof)	£0.03 up to a maximum of £20.00	£0.04 up to a maximum of £27
Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium	Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium	Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium	Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium	Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium	Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium
7	All genera	Per consignment	£13.00	£19.00	£0.18
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.	* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.

(7) For schedule 2A (import inspection fees for documentary checks and identity checks) substitute—

SCHEDULE2A

*Check*	*Quantity*	*Fee*
Documentary check	Per consignment	£6.00
Identity check	Per consignment	£6.00
*Check*	*Quantity*	*Fee*
---	---	---
Documentary check	Per consignment	£6.00
*Check*	*Quantity*	*Fee*
---	---	---
Documentary check	Per consignment	£6.00

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

3

(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015[^f00004] are amended as follows.

(2) In regulation 3 (fees)—

(a) in paragraph (5A) for “The” substitute “Subject to paragraph (5AA), the”,

(b) after paragraph (5A), insert—

(5AA) The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in respect of a consignment destined for delivery to a professional operator based in Northern Ireland.

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

4

(1) The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019[^f00005] are amended as follows.

(2) In regulation 2(1) (interpretation: general), after the definition of “plant health rule”, insert—

“plant passport” meansa passport which is a UK plant passport or other permitted plant passport,

(3) In regulation 41 (improper use of UK plant passports or certificates)—

(a) in the heading omit “UK”,

(b) in paragraph (1)(b) and (c), omit “UK” in both places where it occurs.

(4) In schedule 3 (offences: relevant provisions in the Plant Health Regulation, Official Controls Regulation and other retained direct EU legislation), in Part 1 (the Plant Health Regulation) in the table—

(a) in the entry relating to Article 79(1), in the first column, for “and 92a” substitute “, 92a and 95a(2)”,

(b) in the entry relating to Article 80(1), in the first column, for “and 92a” substitute “, 92a and 95a(2)”,

(d) after the entry relating to Article 93(5) insert—

Article 95a(1)	Prohibits the introduction of a relevant NI trade unit into Great Britain from Northern Ireland unless it is accompanied by the plant passport which was required for its movement within Northern Ireland.

Signed

BEN MACPHERSON — Authorised to sign by the Scottish Ministers — 18th March 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by paragraphs 1(1) and (3) and 11M(1) of schedule 2, paragraph 7 of schedule 4 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”).

These Regulations make amendments to legislation in the field of plant health as it applies in Scotland. In particular they make provision in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union and to deal with matters arising out of, or related to, the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. They also make modifications in consequence of the withdrawal of the United Kingdom from the European Union to certain fees payable to the Scottish Ministers in relation to inspections of imports of plants, plant products or other objects.

Regulation 2 amends the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and in particular substitutes a new regulation 4 into those Regulations which makes provision for—

a fee payable for a physical check under schedule 1 by an importer in respect of a consignment of plants, plant products or other objects excepting consignments from the European Union, Liechtenstein or Switzerland,

a new schedule 1A which provides for fees payable by an importer in respect of a physical check of a consignment of certain plants, plant products or other objects imported from the European Union, Liechtenstein or Switzerland which are not subject to reduced checks,

a replacement schedule 2 which provides for reduced fees payable by an importer in respect of a physical or identity check of a consignment of certain plants, plant products or other objects,

a new schedule 2ZA which provides for reduced fees payable by an importer in respect of a physical or identity check of a consignment of certain plants, plant products or other objects from the European Union, Liechtenstein or Switzerland,

a replacement schedule 2A which provides for the fee for documentary and identity checks in respect of consignments of certain plants, plant products or other objects which have not been described in schedules 1, 1A, 2 or 2ZA.

Regulation 3 amends the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 and introduces provision relating to export certification fees, to provide that such fees are not payable in relation to exports from Scotland to Northern Ireland in certain circumstances.

Regulation 4 amends the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 and introduces enforcement provisions relating to plant passports, specifically relating to the plant passports used on goods entering Scotland from Northern Ireland.

A business and regulatory impact assessment has not been produced for this instrument as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.

Footnotes

[^f00001]: 2018 c.16 (“the 2018 Act”). Paragraph 11M of schedule 2 was inserted into the 2018 Act by section 22 of the European Union (Withdrawal) Act 2020 (c.1).

[^f00002]: In relation to the exercise of powers under paragraph 7 of the 2018 Act, paragraph 1(6) of schedule 7 is to be read with paragraph 12(3) of that schedule.

[^f00003]: S.S.I. 2014/338, relevant amending instruments are S.S.I. 2019/421, S.S.I. 2019/425 and S.S.I. 2020/466.

[^f00004]: S.I. 2015/350, relevant amending instruments are S.S.I. 2019/421 and S.S.I. 2020/466.

[^f00005]: S.S.I. 2019/421, amended by S.S.I. 2020/176 and S.S.I. 2020/466.

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