The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021

CitationSSI 2021/159
JurisdictionScotland

2021No. 159

EXITING THE EUROPEAN UNION

FORESTRY

PLANT HEALTH

The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021

Made18thMarch2021

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) and 11M(1) of schedule 2, paragraph 7 of schedule 4 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 2018( 1) and all other powers enabling them to do so.

In accordance with paragraphs 1(6) and 8F(5) of schedule 7 of that Act( 2), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force—

(a) as regards the provisions mentioned in paragraph (2), on 1 July 2021,

(b) otherwise on 1 April 2021.

(2) The provisions are—

(a) regulation 2(3) so far as it inserts the following into the 2014 Regulations—

(i) regulation 4(5) of the 2014 Regulations,

(ii) regulation 4(6)(d) of the 2014 Regulations,

(b) regulation 2(6),

(c) regulation 2(7) so far as it inserts table 3 of substituted schedule 2A of the 2014 Regulations.

(3) These Regulations extend to Scotland only.

(4) In these Regulations, “the 2014 Regulations” means the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014( 3).

The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

2.—(1) The 2014 Regulations are amended as follows.

(2) For regulation 3(2)(b) (application of the import inspection fee) substitute—

“(b) is—

(i) landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or

(ii) subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.”.

(3) For regulation 4 (fees) substitute—

4.—(1) Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check—

(a) during normal working hours, is the fee specified in the fourth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(b) outside normal working hours, is the fee specified in the fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(2) Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland.

(3) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check—

(a) during normal working hours, is the fee specified in the fourth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(b) outside normal working hours, is the fee specified in the fifth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(4) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2 and originating from a country listed in the fourth column of that schedule—

(a) the fee specified for a physical check—

(i) during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(ii) outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,

(b) the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(5) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland—

(a) the fee specified for a physical check—

(i) during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(ii) outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,

(b) the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(6) The fee specified for—

(a) a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A,

(b) a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A,

(c) a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A,

(d) a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A.”.

(4) After schedule 1, insert—

“SCHEDULE 1A

Regulations 3 and 4(1)

IMPORT INSPECTION FEES FOR PHYSICAL CHECKS ON CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Item

Plant, plant product or other object

Quantity

*Fees

Normal working hours

Outside normal working hours

1

Abies

up to 1,000 in number

£30

£54

for each additional 1,000 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

2

Acer palmatum

up to 1,000 in number

£30

£54

for each additional 100 units

£0.50 up to a

£1.00 up to a

(or part thereof)

maximum of £168

maximum of £318

3

Castanea sativa Mill.

up to 1,000 in number

£30

£54

for each additional 1,000 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

4

Chamaecyparis sp. Spach bonsai plants **

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

5

Coffea

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

6

Ulmus sp.

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

7

Juniperus sp. L. bonsai plants **

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

8

Larix

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

9

Lavandula L.

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

10

Nerium oleander L.

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

11

Quercus L.

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

12

Olea europaea L.

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

13

Palmae

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

14

Picea

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

15

Pinus

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

16

Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) bonsai plants(1)

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

17

Pinus parviflora Sieb & Zucc. bonsai plants **, grafted on a rootstock of another Pinus species

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.50 up to a...

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