OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In this Order, unless the context otherwise requires–

  • “alternative fee” means a fee prescribed in column 4 of Part I of Schedules 1 or 2;

  • “basic fee” means a fee prescribed in column 3 of Part I of Schedules 1 or 2;

  • “certificate” means a phytosanitary certificate or a reforwarding phytosanitary certificate;

  • “the Commissioners” means the Forestry Commissioners;

  • “district” means, in Wales, a community and, in England, a parish or where there is no parish a district ward;

  • “financial year” means a period of twelve months ending with 31st March;

  • “import licence” means a licence issued by the Commissioners under article 21 of the Plant Health (Forestry) (Great Britain) Order 1989f1;

  • “inspector” means any person authorised by the Commissioners to be an inspector for the purposes of the Plant Health (Forestry) (Great Britain) Order 1989;

  • “micro-plant” means a micro-propagated forest tree plant in vitro or a forest tree plant which is–

    1. (i)

      produced by micro-propagation,

    2. (ii)

      weaned, and

    3. (iii)

      not more than 5 centimetres in height;

  • “phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer authorised by the Commissioners under article 11 of the Plant Health (Forestry) (Great Britain) Order 1989 and “reforwarding phytosanitary certificate” means a reforwarding phytosanitary certificate issued by such an inspector or officer under that article;

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

  • “reduced fee” means a fee equal to one-half of a basic fee or an alternative fee;

  • “small consignment” means–

    1. (a)

      in respect of forest tree plants, a consignment–

      1. (i)

        of not more than 100 forest tree plants, or

      2. (ii)

        of not more than 1,000 of the following articles–

        1. (aa)

          rooted seedlings,

        2. (bb)

          rooted or unrooted cuttings, not more than 15 centimetres in height,

        3. (cc)

          micro-plants, or

      3. (iii)

        whose gross value is less than £100, or

      4. (iv)

        of one package of a size and weight such that it is capable of being sent by post;

    2. (b)

      in respect of wood or wood products a consignment of 0.5 cubic metres or less;

  • “shipment unit” means one consignment of wood or wood products of more than 0.5 cubic metres but not exceeding 200 cubic metres intended by the exporter to be shipped as a unit under one bill of lading or other conveyance note;

  • “soil” includes any growing medium and “soil sample” shall be construed accordingly.

(2)

Where a fee prescribed by 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.

Annotations

Footnotes

f1

S.I. 1989/823, amended by S.I. 1989/1951.