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Statutory Instrument 1988 No. 1882 (S.175)

The Import and Export (Plant Health Fees) (Scotland) Order 1988

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1988 No. 1882 (S.175)

PLANT HEALTH

The Import and Export (Plant Health Fees) (Scotland) Order 1988

Made25th October 1988
Laid before Parliament8th November 1988
Coming into force29th November 1988

    The Secretary of State, in exercise of the powers conferred on him by sections 1(2)(b), 2, 3(1) and 4A of the Plant Health Act 1967[1], and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Order:
    Citation, commencement and extent
        1.—(1)  This Order may be cited as the Import and Export (Plant Health Fees) (Scotland) Order 1988 and shall come into force on 29th November 1988.

        (2)  This Order extends to Scotland only.
    Interpretation
        2.—(1)  In this Order—
      "certificate" means a phytosanitary certificate;

      "import licence" means a licence issued by the Secretary of State under article 42 of the Plant Health (Great Britain) Order 1987[2];

      "official label" has the same meaning as in regulation 2(1) of the Seed Potatoes Regulations 1984[3];

      "phytosanitary certificate" means a phytosanitary certificate issued by an inspector or other officer of the Secretary of State under article 12 of the Plant Health (Great Britain) Order 1987;

      "premises" includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;

      "small consignment" means one package of a size and weight such that it is capable of being sent by post;

      "soil" includes any medium used for the growing of plant material and "soil sample" shall be construed accordingly.

        (2)  Where a fee prescribed in this Order is prescribed in relation to an inspection, examination or test as well as the issue of a certificate, the refusal to issue a certificate by reason of the results of the inspection, examination or test being unsatisfactory, shall not affect the amount of the fee otherwise payable.

        (3)  Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
    Fees for export certification services
        3.    There shall be paid to the Secretary of State in respect of any service described in column 1 of Schedule 1 the fee specified in column 2 of that Schedule opposite the reference to that service.
    Fees for import licensing services
        4.    There shall be paid to the Secretary of State in respect of any service described in column 1 of Schedule 2 the fee specified in column 2 of that Schedule opposite the reference to that service.
    Revocation
        5.    The Import and Export (Plant Health Fees) (Scotland) Order 1987[4] is hereby revoked.



Sanderson of Bowden

Minister of State, Scottish Office
St Andrew's House, Edinburgh

19th October 1988
We consent,

Tony Durant

David Maclean

Two of the Lords Commissioners of Her Majesty's Treasury

25th October 1988




Notes:

[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] S.I. 1987/1758

[3] S.I. 1984/412, amended by S.I. 1987/547, 1988/1759

[4] S.I. 1987/880

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