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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1989/uksi_19891309_en.html

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Statutory Instruments

1989 No. 1309

PLANT HEALTH

The Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1989

Made

25th July 1989

Laid before Parliament

11th August 1989

Coming into force

1st September 1989

The Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Wales, in exercise of the powers conferred by sections 1(2)(b), 2, 3(1) and 4A of the Plant Health Act 1967(1) and now vested in them(2) and of all other powers enabling them in that behalf, with the consent of the Treasury, hereby make the following Order:

Title, extent, commencement and interpretation

1.-(1) This Order may be cited as the Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1989, shall apply to England and Wales and shall come into force on 1st September 1989.

(2) In this Order"the principal Order" means the Import and Export (Plant Health Fees) (England and Wales) Order 1988(3).

Amendment of the principal Order

2. For Schedules 1 and 2 to the principal Order (fees in respect of export certification and import licensing services) there shall be substituted the provisions of Schedules 1 and 2 to this Order.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th July 1989.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Peter Walker

Secretary of State for Wales

25th July 1989

David MacLean

David Lightbown

Two of the Lords Commissioners of Her Majesty's Treasury

24th July 1989

Article 2

SCHEDULE 1PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL ORDER

Articles 3 to 6

"SCHEDULE 1FEES IN RESPECT OF EXPORT CERTIFICATION SERVICES

(1)(2)(3)(4)(5)(6)
ItemServiceBasic FeeAlternative FeeOld fee
BasicAlternative
£££(4)£(4)
1

The taking of one soil sample from a field, or part of a field, which is not more than 4 hectares

3714(32)(12)
2

The taking of two soil samples on the same visit from fields on the same holding, the combined area of which is not more than 3 hectares

3714(32)(12)
3

The taking of up to three samples of compost for container grown plants

3714(32)(12)
4

Laboratory testing of one soil sample

17.40(15)
5

Growing Season Inspection

Where the basic fee is payable, one Growing Season Inspection of-�

(a)

up to 0.1 hectare of outdoor plants (including bulbs and plants in containers), or

(b)

up to 1,000 indoor plants, or

(c)

up to 1.0 hectare of seed crops;

and where the alternative fee is payable, one Growing Season Inspection of-�

(a)

up to 1.5 hectares of bulbs, or

(b)

up to 1.0 hectare of outdoor plants other than bulbs, or

(c)

up to 6.0 hectares of seed crops, or

(d)

up to 10,000 indoor plants

3714(32)(12)
6

Pre-export inspection of and the issue of certificates, for-�

(a)

up to 7 small consignments, to be exported under up to 7 certificates, or

(b)

up to 25 tonnes, to be exported under one certificate, of plants, plant products or soil other than bulbs, potatoes and seeds

3714(32)(12)
7

Pre-export inspection of up to 25 tonnes of potatoes, to be exported under one certificate, and the issue of that certificate

3721(32)(12)
8

Pre-export inspection of-�

(a)

a stock of bulbs up to 25 tonnes and the issue of such certificates as may be required for the export of bulbs from that stock issued while the inspector is on the premises for the purposes of this inspection or any other official purpose, or

(b)

up to 25 tonnes of bulbs of one stock, to be exported under one certificate, and the issue of that certificate

3721(32)(12)
9

The taking of samples of seed for examination or testing-�

(a)

where the basic fee is payable the taking of 3 samples, and

(b)

where the alternative fee is payable the taking of one sample

373.50(32)(3)
10

The issue of one certificate for the export of a consignment of seeds where they, or the bulk from which they are taken, have already been sampled and examined or tested

14(12)
11

The issue of one certificate for the export of a consignment of seeds where the appropriate Minister is satisfied that the export is for national listing purposes and where they, or the bulk from which they are taken, have already been sampled and examined or tested

7(6)
12

The inspection for any traces of soil or plant debris and the issue of one or more certificates for the export of used agricultural machines-�

(a)

where the basic fee is payable the inspection of up to 5 agricultural machines, and

(b)

where the alternative fee is payable the inspection of up to 10 agricultural machines

3714(32)(12)
13

The issue of one certificate, including any prior examination or test, without a visit by an inspector to the applicant's premises

14(12)
14

The issue of up to 20 certificates for the export of articles not requiring inspection on that occasion but requiring a visit to the applicant's premises

3714(32)(12)
15

The issue of one certificate by an inspector where an inspector has not had to visit the applicant's premises in respect of the articles to be certified or to inspect those articles and where no examination or testing has been necessary

2.30(2)"

Article 2

SCHEDULE 2PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 2 TO THE PRINCIPAL ORDER

Article 8

"SCHEDULE 2FEES IN RESPECT OF IMPORT LICENSING SERVICES

(1)(2)(3)(4)
ItemServiceFeeOld fee
££(5)
1Consideration of an application for the issue of an import licence and the performance of any connected service, including the issue of the licence where appropriate180(175)
2The inspection of articles imported for the purposes of a trade or business, being an inspection required by the terms of the import licence under which the articles were imported33(32)
3Where the application for an import licence is for the import of articles for a scientific purpose and the number of types of article to be imported under the same licence exceeds 5, the inclusion of one type of article in the licence in addition to the first five5(5)
4Where an import licence is issued for the importation of articles for a scientific purpose, the variation of the licence so as to enable the importation of additional articles under that licence21 plus 5 for each article(20 plus 5 for each article)
5The issue of an import licence for the importation of articles not for the purposes of a trade or business nor for a scientific purpose26(25)"

Explanatory Note

(This note is not part of the Order)

This Order amends the Import and Export (Plant Health Fees) (England and Wales) Order 1988 by substituting new Schedules for Schedules 1 and 2 to that Order.The new Schedules prescribe increased fees in respect of export certification and import licensing services.

(1)

1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8, and section 4A was inserted by the Agriculture Act 1986 (c. 49), section 3.

(2)

In the case of Secretary of State by virtue of S.I. 1978/272.

(3)

S.I. 1988/1427.

(4)

The figures in italics are the fees which were charged under this Order before the coming into force of the Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1989 (S.I. 1989/1309).

(5)

The figures in italics are the fees which were charged under this Order before the coming into force of the Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1989 (S.I. 1989/1309).


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