The Import and Export (Plant Health Fees) (Scotland) Order 1988

Made: 25th October 1988

Laid before Parliament: 8th November 1988

Coming into force: 29th November 1988

The Secretary of State, in exercise of the powers conferred on him by sections 1(2)(b), 2, 3(1) and 4A of the Plant Health Act 1967[^f00001], and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Order:

Citation, commencement and extent

1

• (1) This Order may be cited as the Import and Export (Plant Health Fees) (Scotland) Order 1988 and shall come into force on 29th November 1988.

• (2) This Order extends to Scotland only.

Interpretation

2

• (1) In this Order—

• “certificate” means a phytosanitary certificate;

• “import licence” means a licence issued by the Secretary of State under article 42 of the Plant Health (Great Britain) Order 1987[^f00002];

• “official label” has the same meaning as in regulation 2(1) of the Seed Potatoes Regulations 1984[^f00003];

• “phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer of the Secretary of State under article 12 of the Plant Health (Great Britain) Order 1987;

• “premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;

• “small consignment” means one package of a size and weight such that it is capable of being sent by post;

• “soil” includes any medium used for the growing of plant material and “soil sample” shall be construed accordingly.

• (2) Where a fee prescribed in this Order is prescribed in relation to an inspection, examination or test as well as the issue of a certificate, the refusal to issue a certificate by reason of the results of the inspection, examination or test being unsatisfactory, shall not affect the amount of the fee otherwise payable.

• (3) Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.

Fees for export certification services

3

There shall be paid to the Secretary of State in respect of any service described in column 1 of Schedule 1 the fee specified in column 2 of that Schedule opposite the reference to that service.

Fees for import licensing services

4

There shall be paid to the Secretary of State in respect of any service described in column 1 of Schedule 2 the fee specified in column 2 of that Schedule opposite the reference to that service.

Revocation

5

The Import and Export (Plant Health Fees) (Scotland) Order 1987[^f00004] is hereby revoked.

SCHEDULE 1 — FEES IN RESPECT OF EXPORT CERTIFICATION SERVICES

1

The taking of one soil sample from a field or part of a filed comprising not more than 4 hectares, or from a glass-house or container—

• (a) for the first sample taken on any day, where no other chargeable visit is being made

2

Growing season inspection of—

• (a) up to 0.5 of a hectare of bulbs, per day

3

Consideration of an application for official labels in connection with the issue of one certificate for the export of seed potatoes, per tonne or part thereof

4

Consideration of an application for the issue of one certificate for the export of—

• (a) grain, per 100 tonnes or part thereof

• (i) in bulk formf

5

Pre-export inspection of and the issue of one certificate for the export of a consignment of bulbs and other plants and plant products, including seed potatoes where an official label is not required, where an inspection at the premises of the grower or exporter is necessary and where—

• (a) the value of the consignment is up to and including £50.00 whether or not the consignment comprises items for botanical research

6

Pre-export inspection of and the issue of one certificate for the export of a small consignment of plants and plant products where no inspection at the premises of the grower or exporter is necessary and where—

7

Pre-export inspection of and the issue of one certificate for the export of used agricultural machinery (such inspection being for traces of soil or plant debris)

SCHEDULE 2 — FEES IN RESPECT OF IMPORT LICENSING SERVICES

1

Consideration of an application for the issue of an import licence and the performance of any connected service, including the issue of a licence for articles imported for the following purposes, whether or not an inspection is required

• (a) scientific

2

The inspection of articles for import, per day

• (a) up to and including the first 30 minutes

Signed

Sanderson of Bowden — Minister of State, Scottish Office — 19th October 1988

We consent,

Tony Durant — David Maclean — Two of the Lords Commissioners of Her Majesty’s Treasury — 25th October 1988

Explanatory note

(This note is not part of the Order)

This Order, which applies to Scotland only, and which revokes and replaces the Import and Export (Plant Health Fees) (Scotland) Order 1987, prescribes fees in respect of the services listed in Schedules 1 and 2 to the Order (articles 3 and 4).

The services are performed in connection with applications received for the issue of phytosanitary certificates or licences in accordance with the provisions of the Plant Health (Great Britain) Order 1987.

Phytosanitary certificates are required to accompany exports of certain plants, plant products, etc. and licences are issued to permit the importation of those articles which would otherwise be prohibited.

The fees prescribed by this Order reflect the increases necessary to recover the costs expected to be incurred in the provision of these services.

Grain is now exported both in bulk form and in bags and therefore this Order introduces separate fees chargeable according to the method used (the fee chargeable under the Import and Export (Plant Health Fees) (Scotland) Order 1987 was that charged for the issue of a certificate for the export of grain in bulk form).

Footnotes

[^f00001]: 1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8, and section 4A was inserted by the Agriculture Act 1986 (c. 49), section 3.

[^f00002]: S.I. 1987/1758

[^f00003]: S.I. 1984/412, amended by S.I. 1987/547, 1988/1759

[^f00004]: S.I. 1987/880

[^f00005]: The figures in italics are the fees which were charged under the Import and Export (Plant Health Fees) (Scotland) Order 1987 (S.I. 1987/880) before the coming into force of this Order.

[^f00006]: The figures in italics are the fees which were charged under the Import and Export (Plant Health Fees) (Scotland) Order 1987 (S.I. 1987/880) before the coming into force of this Order.