Plant Health (Export Certification) (England) (Amendment) Order 2015 (S.I. No. 382 of 2015)

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. S T A T U T O R Y I N S T R U M E N T S 2015 No. 382 PLANT HEALTH, ENGLAND The Plant Health (Export Certification) (England) (Amendment) Order 2015 Made - - - - 23rd February 2015 Laid before Parliament 26th February 2015 Coming into force - - 6th April 2015 The Secretary of State(1), with the consent of the Treasury, makes the following Order in exercise of the powers conferred by sections 3(1) and 4A of the Plant Health Act 1967(2). Title and commencement 1. This Order may be cited as the Plant Health (Export Certification) (England) (Amendment) Order 2015 and comes into force on 6th April 2015. Amendment of the Plant Health (Export Certification) (England) Order 2004 2.—(1) The Plant Health (Export Certification) (England) Order 2004(3) is amended as follows. (2) For Schedule 3(4) substitute— (1) The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 (c.8) were, so far as exercisable in relation to Wales, transferred to the Secretary of State by article 2 of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272). Those functions were transferred from the Secretary of State to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32). The remaining functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). (2) 1967 c.8; section 3(1) was amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8 and further amended by S.I. 2011/1043, Part 2, article 6(1)(e); section 4A was inserted by the Agriculture Act 1986 (c.49), section 3. (3) S.I. 2004/1404, amended by S.I. 2005/3480, 2013/572, 2014/609. (4) Schedule 3 was substituted by S.I. 2013/572, article 2(2) and by S.I. 2014/609, article 2(3). http://www.legislation.gov.uk/id/ukpga/1967/8 http://www.legislation.gov.uk/id/uksi/1978/272 http://www.legislation.gov.uk/id/uksi/1999/672 http://www.legislation.gov.uk/id/ukpga/2006/32 http://www.legislation.gov.uk/id/uksi/2002/794 http://www.legislation.gov.uk/id/ukpga/1967/8 http://www.legislation.gov.uk/id/ukpga/1972/68 http://www.legislation.gov.uk/id/uksi/2011/1043 http://www.legislation.gov.uk/id/ukpga/1986/49 http://www.legislation.gov.uk/id/uksi/2004/1404 http://www.legislation.gov.uk/id/uksi/2005/3480 http://www.legislation.gov.uk/id/uksi/2013/572 http://www.legislation.gov.uk/id/uksi/2014/609 http://www.legislation.gov.uk/id/uksi/2013/572 http://www.legislation.gov.uk/id/uksi/2014/609 Document Generated: 2015-04-16 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 2 “SCHEDULE 3 Articles 3 and 4 Applications for certificates: fees Services in respect of applications for certificates Fee (£) Fee (small exporter)(£) (1) Services for consignments other than grain: (a) inspection and, where necessary, laboratory examination 65.24 for each quarter hour or part thereof with a minimum fee of 130.48 32.62 for each quarter hour or part thereof with a minimum fee of 65.24 (b) laboratory examination only 36.35 18.18 (c) issue of a certificate where no inspection or laboratory examination is required 13.87 6.94 (2) Services for consignments of grain: monitoring of inspections carried out by a person authorised under article 3(3) and, where necessary, laboratory examination carried out by an authorised officer 59.53 29.74”. (3) For Schedule 4(5) substitute— “SCHEDULE 4 Article 4 Pre-export service fees Service Fee (£) Fee (small exporter) (£) Pre-export service 49.68 for each quarter hour or part thereof with a minimum fee of 99.36 24.84 for each quarter hour or part thereof with a minimum fee of 49.68”. 16th February 2015 de Mauley Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs (5) Schedule 4 was inserted by S.I. 2005/3480, article 2(6). It was substituted by S.I. 2013/572, article 2(3) and by S.I. 2014/609, article 2(4). http://www.legislation.gov.uk/id/uksi/2005/3480 http://www.legislation.gov.uk/id/uksi/2013/572 http://www.legislation.gov.uk/id/uksi/2014/609 Document Generated: 2015-04-16 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 3 We consent 23rd February 2015 Alun Cairns Gavin Barwell Two of the Lords Commissioners of Her Majesty’s Treasury Document Generated: 2015-04-16 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 4 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Plant Health (Export Certification) (England) Order 2004 (S.I. 2004/1404) to provide for a 10.7% increase to the fees specified in that Order. The fee levels set out in this Order form the final part of a move towards full cost recovery of fees over three years. Further details are provided in the Explanatory Memorandum. An impact assessment of the effects of this Order on the costs of business, in relation to the types of fee covered, is published with its Explanatory Memorandum on www.legislation.gov.uk and is available at www.gov.uk or from the Plant Health Policy and Bee Policy Unit, Defra, 10GA07, Sand Hutton, York YO14 1LZ. http://www.legislation.gov.uk/id/uksi/2004/1404 http://www.gov.uk