Statutory Instrument 1990 No. 1668

The Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990

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© Crown Copyright 1990

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1990 No. 1668

PLANT HEALTH

The Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990

The Forestry Commissioners, in exercise of the powers conferred on them by sections 1(2)(a), 2, 3(1) and 4A of the Plant Health Act 1967^[1] and of all other powers enabling them in that behalf, and with the consent of the Treasury, hereby make the following Order:

Title and commencement
    1.    This Order may be cited as the Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990 and shall come into force on 12th September 1990.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires-

"alternative fee" means a fee prescribed in column 4 of Part I of Schedules 1 or 2;


"basic fee" means a fee prescribed in column 3 of Part I of Schedules 1 or 2;


"certificate" means a phytosanitary certificate or a reforwarding phytosanitary certificate;


"the Commissioners" means the Forestry Commissioners;


"district" means, in Wales, a community and, in England, a parish or where there is no parish a district ward;


"financial year" means a period of twelve months ending with 31st March;


"import licence" means a licence issued by the Commissioners under article 21 of the Plant Health (Forestry) (Great Britain) Order 1989^[2];


"inspector" means any person authorised by the Commissioners to be an inspector for the purposes of the Plant Health (Forestry) (Great Britain) Order 1989;


"micro-plant" means a micro-propagated forest tree plant in vitro or a forest tree plant which is-
 (i) produced by micro-propagation,
 (ii) weaned, and
 (iii) not more than 5 centimetres in height;


"phytosanitary certificate" means a phytosanitary certificate issued by an inspector or other officer authorised by the Commissioners under article 11 of the Plant Health (Forestry) (Great Britain) Order 1989 and "reforwarding phytosanitary certificate" means a reforwarding phytosanitary certificate issued by such an inspector or officer under that article;


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


"reduced fee" means a fee equal to one-half of a basic fee or an alternative fee;


"small consignment" means-
 (a) in respect of forest tree plants, a consignment-
 (i) of not more than 100 forest tree plants, or
 (ii) of not more than 1,000 of the following articles-
 (aa) rooted seedlings,
 (bb) rooted or unrooted cuttings, not more than 15 centimetres in height,
 (cc) micro-plants, or
 (iii) whose gross value is less than £100, or
 (iv) of one package of a size and weight such that it is capable of being sent by post;
 (b) in respect of wood or wood products a consignment of 0.5 cubic metres or less;


"shipment unit" means one consignment of wood or wood products of more than 0.5 cubic metres but not exceeding 200 cubic metres intended by the exporter to be shipped as a unit under one bill of lading or other conveyance note;


"soil" includes any growing medium and "soil sample" shall be construed accordingly.

    (2)  Where a fee prescribed by 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.    Subject to the provisions of articles 4, 5 and 6 there shall be paid to the Commissioners or any body authorised by them in respect of any service described in column 2 of Part I of Schedule 1, or in respect of any service provided in England and Wales described in column 2 of Part I of Schedule 2, or in respect of any services provided in Scotland described in column 2 of Part I of Schedule 3, the basic fee or fee prescribed in column 3 of such Parts of such Schedules opposite the reference to the service.

Alternative fees for export certification services
    4.—(1)  Subject to the following provisions of this article and to articles 5 and 6, where-
 (a) opposite the reference to any service described in column 2 of Part I of Schedules 1 or 2 there is prescribed an alternative fee, and
 (b) the applicant applies for the performance of more than one such service, or more than one performance of any such service, under a single application, and
 (c) two or more such services are performed consecutively,
there shall be paid to the Commissioners or any body authorised by them, in place of the basic fee, the alternative fee so prescribed.

    (2)  Paragraph (1) above shall not apply to-
 (a) the first, fifteenth and twenty-ninth consecutively performed service nor to any other service which follows this sequence (that is to say every fourteenth service), other than a service described in column 2 of Part I of Schedule 1 opposite item 3, or
 (b) the first service, being a service described opposite the said item 3.

    (3)  Where the applicant applies, under a single application-
 (a) for the performance of more than one of the services described in column 2 of Part I of Schedule 2 opposite items numbers 1, 2 and 3, or more than one performance of any of those services, or
 (b) for more than one performance of the service described in column 2 of Part I of Schedule 2 opposite item number 5,
the services shall, for the purposes of paragraphs (1) and (2) above, be treated as performed consecutively whether or not they are so performed.

    (4)  No application shall be treated as an application made for the purposes of this article unless the services are to be performed on premises worked, occupied or administered as a single unit within the same district or within one district and any district adjoining it.

    (5)  For the purposes of paragraphs (1) and (2) of this article services shall be treated as performed consecutively if-
 (a) they are performed in immediate succession, or
 (b) notwithstanding that they are not so performed, the articles in respect of which the services are performed were so presented by the applicant as to have enabled the services to be performed in immediate succession.

Further provisions for the payment of alternative fees
    5.—(1)  Where an inspector is on any premises for the purpose of performing any service for which a fee is payable otherwise than under this Order as well as any service for which a fee is prescribed in Part I of Schedules 1 or 2, there shall be paid to the Commissioners or any body authorised by them, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.

    (2)  Without prejudice to article 7, where an inspector is on any premises for the purpose of performing any service for which a fee is prescribed in Part II of Schedules 1 or 2 as well as a service for which a fee is prescribed in Part I of either of those Schedules, there shall be paid to the Commissioners or any body authorised by them, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.

Reduced fees for export certification services
    6.—(1)  Subject to paragraph (2) below, there shall be paid to the Commissioners or any body authorised by them in respect of any service in place of any basic fee or alternative fee set out in Part I of Schedule 2, a reduced fee where the Commissioners or that body are satisfied that-
 (a) the applicant is not a taxable person for the purposes of the Value Added Tax Act 1983^[3] or if he is a taxable person, he makes no taxable supplies of forest tree plants, soil or forestry machinery for the purposes of that Act, or
 (b) the gross value of the articles exported, or sold for export, by the applicant from Great Britain and accompanied by a certificate in the previous financial year was less than £5,000.

    (2)  Paragraph (1) above shall not apply in respect of services performed in any financial year the reduced fees for which would cause the total amount of the reduced fees, otherwise payable by the applicant under that paragraph, to exceed £250 in that financial year.

Fees for import licensing services
    7.    There shall be paid to the Commissioners, or any body authorised by them, in respect of any service described in column 2 of Part II of Schedule 1, or in respect of any service provided in England and Wales described in column 2 of Part II of Schedule 2 or in respect of any service provided in Scotland described in column 2 of Part II of Schedule 3, the fee prescribed in column 3 of such Parts of such Schedules opposite the reference to the service.

In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
31st July 1990.


P. J. Clarke

Secretary to the Forestry Commissioners

We consent,

David Lightbown

Thomas Sackville

Two of the Lords Commissioners of Her Majesty's Treasury

25th July 1990

[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. back

[2] S.I. 1989/823, amended by S.I. 1989/1951. back

[3] 1983 c. 55. back

Explanatory Note