OpenLegislation

Regulation 3 FeesI1

England and Wales

(1)

Fees payable under this regulation are payable to the Welsh Ministers.

(2)

The fee payable for an inspection and associated activities in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.

(3)

The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.

(4)

The importer of a controlled consignment must pay—

(a)

in the case of a plant health check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;

(b)

in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;

(c)

in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.

(5)

Where, at the request of an importer of a controlled consignment, a plant health check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the plant health check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).

F1(5A)

F2Subject to paragraph (5E) the fee payable in connection with an application to the Welsh Ministers for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.

(5B)

The fee payable in connection with an application to the Welsh Ministers for a WPM authorisation is the fee specified in Schedule 4B.

F3(5C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5D)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5E)

The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—

(a)

by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market, or

(b)

for delivery to—

(i)

a professional operator whose principal place of business is in Northern Ireland, or

(ii)

any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5F)

Paragraph (5E) ceases to have effect at the end of 30 June 2025.

F6(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6A)

The person on whom a forestry remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020 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

Textual amendments

F1

Reg. 3(5A)(5B) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 35(3)

F2

Words in reg. 3(5A) substituted (30.12.2023) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (Wales) Regulations 2023 (S.I. 2023/1380), regs. 1(1), 3(2)(a)

F3

Reg. 3(5C) omitted (30.12.2023) by virtue of The Plant Health etc. (Miscellaneous Fees) (Amendment) (Wales) Regulations 2023 (S.I. 2023/1380), regs. 1(1), 3(2)(b)

F4

Reg. 3(5D) omitted (30.12.2023) by virtue of The Plant Health etc. (Miscellaneous Fees) (Amendment) (Wales) Regulations 2023 (S.I. 2023/1380), regs. 1(1), 3(2)(b)

F5

Reg. 3(5E)(5F) inserted (30.12.2023) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (Wales) Regulations 2023 (S.I. 2023/1380), regs. 1(1), 3(2)(c)

F6

Reg. 3(6) omitted (27.3.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206), reg. 1, Sch. 5 para. 5(3)(a)

F7

Reg. 3(6A) inserted (27.3.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206), reg. 1, Sch. 5 para. 5(3)(b)

Commencement

I1

Reg. 3 in force at 28.3.2019, see reg. 1(3)