The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021

• Citation: S.I. 2021/623
• Sections: 3

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021.

(2) They come into force on the day after the day on which they are made.

(3) They extend to England and Wales, but apply in relation to England only.

Section 2 Amendment to the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows.

(2) In regulation 1A(1), after the definition of “plant passport authority”, insert—

“professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—

planting;

breeding;

production, including growing, multiplying and maintaining;

introduction into, and movement within and out of Northern Ireland;

making available on the market;

storage, collection, dispatching and processing.

(3) In regulation 3—

(a) in paragraph (5A), at the beginning, insert “Subject to paragraph (5C),”;

(b) after paragraph (5B), insert—

(5C) The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—

(a) by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or

(b) for delivery to—

(i) a professional operator whose principal place of business is in Northern Ireland; or

(ii) any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5D) Paragraph (5C) ceases to have effect at the end of 31st December 2022.

Section 3 Amendment to the Plant Health etc. (Fees) (England) Regulations 2018

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

(2) In regulation 5A—

(a) at the beginning of paragraph (1), insert “Subject to paragraph (4A),”;

(b) after paragraph (4), insert—

(4A) The fees specified in Schedule 4A are not payable in respect of a consignment to be transported to Northern Ireland—

(a) by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or

(b) for delivery to—

(i) a professional operator whose principal place of business is in Northern Ireland or

(ii) any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(4B) Paragraph (4A) ceases to have effect at the end of 31st December 2022.

(c) in paragraph (5), after the definition of “pre-export service”, insert—

“professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—

planting;

breeding;

production, including growing, multiplying and maintaining;

introduction into, and movement within and out of Northern Ireland;

making available on the market;

storage, collection, dispatching and processing.