Citation and commencement

1. These Regulations may be cited as the Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 and come into force on 1st October 2019.

Amendment of the Plant Health (Export Certification) (England) Order 2004

2. —(1)The Plant Health (Export Certification) (England) Order 2004( 4 ) is amended as follows.

(2) In article 4—

(a) in paragraph (2)—

(i) in sub-paragraph (a)—

(aa) for “£250” substitute “£750”;

(bb) for the words from “column 3” to the end substitute “column 2 of that table”;

(ii) in sub-paragraph (b), for the words from “column 4” to the end substitute “column 3 of that table”;

(b) in paragraph (3), for “columns 3 and 4” substitute “columns 2 and 3”;

(c) in paragraph (4)—

(i) in sub-paragraph (a)—

(aa) for “£250” substitute “£750”;

(bb) for “£7.43” substitute “£7.88”;

(ii) in sub-paragraph (b), for “£14.86” substitute “£15.76”.

(3) For Schedule 3 substitute—

Article 4(1)

“ SCHEDULE 3 Fees for export certification services and pre-export services

Amendment of the Plant Health etc. (Fees) (England) Regulations 2018

3. —(1)The Plant Health etc. (Fees) (England) Regulations 2018( 5 ) are amended as follows.

(2) In regulation 3—

(a) in paragraph (1)—

(i) for “which consists of” substitute “insofar as it includes”;

(ii) at the end insert “or any machinery or vehicles which have been operated for agricultural or forestry purposes”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “£9.71” substitute “£10.51”;

(ii) for sub-paragraphs (b) and (c) substitute—

“ (b) in the case of—

(i) a Schedule 2 cut flower consignment which includes—

(aa) one lot of cut flowers, the fee specified in respect of those cut flowers in column 3 of the table in Schedule 2;

(bb) two or more lots of cut flowers, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(ii) a Schedule 2 fruit or vegetable consignment which includes—

(aa) one lot of fruit or vegetables, the fee specified in respect of those fruit or vegetables in column 3 of the table in Schedule 2;

(bb) two or more lots of fruit or vegetables, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(c) in the case of a consignment which—

(i) includes cut branches of Phoenix spp. originating in Costa Rica and no other cut branches to which this regulation applies, the fee specified in respect of those cut branches in column 3 of the table in Schedule 2;

(ii) in the case of any other consignment to which this regulation applies—

(aa) where the consignment includes any machinery or vehicles that have been operated for agricultural or forestry purposes, a fee of £5.98;

(bb) where the consignment includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1, the fee or fees specified in respect of those plants, plant products or other objects in column 2 of that table; ” ;

(iii) in sub-paragraph (d), for “£157.08” substitute “£147.35”;

(c) in paragraph (3), after the definition for “controlled plant pest”, insert—

“ (aa) “Europe” has the meaning given in article 2(1) of the 2015 Order;

(ab) “lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

(ac) “Schedule 2 cut flower consignment” means a consignment which includes cut flowers of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other cut flowers to which this regulation applies;

(ad) “Schedule 2 fruit or vegetable consignment” means a consignment which includes fruit or vegetables of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other fruit or vegetables to which this regulation applies; ” .

(3) In regulation 4—

(a) in paragraph (2), for “fees specified in the table in Schedule 3 are” substitute “fee specified in paragraph (3) is”;

(b) for paragraph (3) substitute—

“ (3) A fee of £61.58 is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to a minimum fee of £123.16. ” ;

(c) in paragraph (4), for “£18.78” substitute “£20.66”.

(4) In regulation 6(1) for “£60.40” substitute “£70.83”.

(5) In regulation 8—

(a) in paragraph (4), for “£14.76” substitute “£15.76”;

(b) after paragraph (4) insert—

“ (4A) Where a person submits an application for the provision of printed labels, the following additional fee is payable—

(a) in the case of an application submitted online, £11.45;

(b) in the case of an application submitted in paper form, £15.61. ” .

(6) For regulation 9(2) substitute—

“ (2) A fee of £26.00 per each 15 minutes (or part thereof) is payable in respect of time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material, subject to a minimum fee of £52.00. ” .

(7) For Schedule 1 substitute—

Regulation 3(1)

“ SCHEDULE 1 Import inspection fees

(8) For Schedule 2 substitute—

Regulation 3(2)(b) and (c)

“ SCHEDULE 2 Import inspection fees: reduced rates

(9) Omit Schedule 3.

(10) For Schedule 4 substitute—

Regulation 5(1)

“ SCHEDULE 4 Plant health licence fees

In this Schedule—

“period 1” means the period ending on 31st March 2020;

“period 2” means the period beginning on 1st April 2020 and ending on 30th September 2020.

(11) For Schedule 5 substitute—

Regulation 8(1)

“ SCHEDULE 5 Seed potatoes: fees