The Plant Health (Export Certification) (England) (Amendment) Order 2005

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(a) for the definition of "authorised officer" there shall be substituted—

" "authorised officer" means—
(a) a person authorised by the Secretary of State to be an inspector for the purposes of this Order or the Plant Health (England) Order 2005[4]; or

(b) any other officer of the Secretary of State;";



(b) in the definition of "certificate" for "reforwarding phytosanitary certificate" there shall be substituted "phytosanitary certificate for re-export";

(c) after the definition of "phytosanitary certificate" there shall be inserted—

" "phytosanitary certificate for re-export" means a certificate duly completed in the form set out in Schedule 2 or in such other similar form as may be agreed between the Secretary of State and the third country whose phytosanitary requirements the certificate is intended to meet;
"pre-export service" means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in order to satisfy the phytosanitary requirements of a third country, other than any such service required for the issue of a certificate under this Order;"; and

(d) the definition of "reforwarding phytosanitary certificate" shall be deleted.

    (3) After article 3 there shall be inserted—

" Pre-export services
     3A. —(1) A person who intends exporting plants, plant products or other objects to one or more third countries may apply to the Secretary of State for a pre-export service under this Order.

    (2) Where the Secretary of State has received an application made under paragraph (1), an authorised officer shall—


(a) carry out any pre-export service which he considers necessary to determine whether the import requirements of the country or countries of export specified in the application are met; and

(b) provide the applicant with the results of any inspection or examination carried out.".

    (4) For article 4 there shall be substituted—

" Charges for the issue of certificates and the provision of services
     4. —(1) Subject to paragraph (2), there shall be paid to the Secretary of State—


(a) in respect of the services referred to in the first column of Schedule 3, the fee set out opposite in the second column of that Schedule; and

(b) in respect of a pre-export service, the fee set out in the second column of Schedule 4.



    (2) A small exporter shall pay to the Secretary of State—



(a) in respect of the services referred to in the first column of Schedule 3 either—


(i) the fee set out opposite in the third column of Schedule 3; or

(ii) if the sum total of fees in respect of any services under this Order for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 3; and



(b) in respect of a pre-export service either—



(i) the fee set out in the third column of Schedule 4; or

(ii) if the sum total of fees in respect of any services under this Order for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 4.



    (3) In this article, "small exporter" means a person who, in the financial year in which his application is made—



(a) is not a taxable person for the purposes of the Value Added Tax Act 1994[5]; or

(b) makes no taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or

(c) did not export in the previous financial year goods accompanied by a certificate the total value of which was £5,000 or more.".

    (5) For Schedule 2 there shall be substituted—

" SCHEDULE 2Article 2

    (6) After Schedule 3 there shall be added—

" SCHEDULE 4Article 4



Service	Fee	Fee (small exporter)
Pre-export service	£20.25 for each quarter hour or part thereof with a minimum fee of £40.50.	£10.13 for each quarter hour or part thereof with a minimum fee of £20.25.".

Bach
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

7th December 2005



We consent


Joan Ryan

Gillian Merron
Two of the Lords Commissioners of Her Majesty's Treasury

13th December 2005

[2] Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. Under article 2(1) and (2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the remaining functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were transferred to the Secretary of State.back

[3] S.I. 2004/1404.back

[4] S.I. 2005/2530.back

[5] 1994 c.23.back