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Paragraph 5 I1

England and Wales

(1)

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 M1 are amended as follows.

(2)

In regulation 1A(1)—

(a)

in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13(10) of the Official Controls (Plant Health) Regulations 2019 ”;

(b)

after the definition of “EU Plant Health Regulation” insert—

““FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;”;

(c)

for the definition of “licence” substitute—

““licence” means—

(a)

a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or

(b)

an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;”;

(d)

after the definition of “licence”, insert—

““the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”;

(e)

for the definition of “Phytosanitary Conditions Regulation” substitute—

““Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;”;

(f)

after the definition of “Phytosanitary Conditions Regulation” insert—

““plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;”;

(g)

in the definition of “plant passport authority”, at the end insert “ and granted by the Forestry Commissioners ”;

(h)

omit the definition of “the Order”;

(i)

omit the definition of “remedial notice”;

(j)

in the definition of “remedial work”, for “remedial notice, or by an inspector under article 32(1) of the Order” substitute “ FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 ”;

(k)

in the definition of “WPM authorisation”, at the end insert “ and granted by the Forestry Commissioners ”.

(3)

In regulation 3—

(a)

omit paragraph (6);

(b)

at the end insert—

“(6A)

The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.”.

Annotations

Marginal citations

M1

S.I. 2015/350, amended by S.I. 2019/734, 1488.

Commencement

I1

Sch. 5 para. 5 in force at 14.1.2020, see reg. 1(1)