The Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1997

Made: 5th March 1997

Laid before Parliament: 7th March 1997

Coming into force: 1st April 1997

The Forestry Commissioners, being designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] 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 1997 and shall come into force on 1st April 1997.

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

2

The Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996[^f00003] shall be amended in accordance with the provisions of regulations 3 to 6 below.

3

In regulation 1, for paragraph (3) there shall be substituted the following paragraph—

(3) In these Regulations— - “authority” means an authority to issue plant passports under article 17 of the Order; - “inspector” has the meaning given to it in the Order; - “licence” means a licence under article 28 or 28A of the Order; - “the Order” means the Plant Health (Forestry) (Great Britain) Order 1993[^f00004]; - “remedial work” means any steps required by or taken by an inspector under article 21(1)(b), (c) or (f), (2)(i) or (iv) or (3) or 22(1)(b) of the Order; - “relevant corresponding conditions”, in relation to any specified wood or 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 specified wood or isolated bark; - “specified wood or isolated bark” means wood or isolated bark described in column 2 (description of relevant material) of items 1, 4, 5 to 10 and 20 to 29 in Part A of Schedule 4 to the Order; and - “third country” has the meaning given to it in the Order.

4

In regulation 2, after sub-paragraph (b) there shall be added the following sub-paragraph—

(c) in respect of each service of a type described in column 2 of Schedule 3 to these Regulations the fee prescribed in column 3 of that Schedule in relation to that service.

5

In Schedule 1, in column 1 sub-paragraph (b), for the word “of” there shall be substituted the word “or”.

6

After Schedule 2, there shall be added the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

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

M. F. Garforth — Secretary to the Forestry Commissioners — 5th March 1997.

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st April 1997, amend the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996.

The Regulations add a further Schedule of services provided by the Forestry Commissioners for which a prescribed fee shall be payable (regulations 4 and 6). The services relate to the inspection of imports of certain forestry material from third countries and to the carrying out or supervision of any remedial work arising from such inspections. These services are provided in accordance with the requirements of Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No. L26, 31.1.77, p. 20), as amended.

The Regulations also correct a minor error in the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 (regulation 5).

A Compliance Cost 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.

Footnotes

[^f00001]: 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.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 1996/2291.

[^f00004]: S.I. 1993/1283, as amended by S.I. 1994/3094, 1995/1989, 1996/751.