
1 
This Order may be cited as the Import and Export (Plant Health Fees) (England and Wales) Order 1987, shall apply to England and Wales and shall come into force on 1st April 1987.
2 

(1) In this Order, unless the context otherwise requires—
 “alternative fee” means a fee prescribed in column 4 of Schedule 1;
 “the appropriate Minister” means, in relation to England, the Minister and, in relation to Wales, the Secretary of State for Wales;
 “basic fee” means a fee prescribed in column 3 of Schedule 1;
 “certificate” means a phytosanitary certificate or a re-forwarding phytosanitary certificate;
 “district” means, in Wales, a community and, in England, a parish or where there is no parish a district ward;
 “financial year” means the twelve months ending with 31st March;
 “import licence” means a licence issued by the appropriate Minister under article 17 of the Import and Export (Plant Health) (Great Britain) Order 1980;
 “micro-plant” means a micro-propagated plant in vitro or a plant which is—
(i) produced by micro-propagation,
(ii) weaned, and
(iii) not more than 5 centimetres in height;
 “the Minister” means the Minister of Agriculture, Fisheries and Food;
 “national list” means a list of plant varieties prepared and published in a Member State which corresponds to that prepared and published under regulation 4 of the Seeds (National List of Varieties) Regulations 1982;
 “phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer of the appropriate Minister under article 9 of the Import and Export (Plant Health) (Great Britain) Order 1980 and “re-forwarding phytosanitary certificate” means a re-forwarding 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 consignment—
(i) of the following articles not more than 100 that is to say plants, fruits, bulbs, corms, rhizomes, tubers, bud sticks or cut flowers, or
(ii) of the following articles not more than 1,000 that is to say rooted seedlings, or rooted or unrooted cuttings, not more than 15 centimetres in height or micro-plants, or
(iii) whose gross value, to the satisfaction of the appropriate Minister, is less than £100;
 “soil” includes any growing medium;
 “stock” means the whole or part of a single crop of a single cultivar from a single field.
(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.
3 
Subject to the following provisions of this Order, there shall be paid to the Minister in respect of any service described in column 2 of Schedule 1 the basic fee prescribed opposite the reference to that service.
4 

(1) Subject to the following provisions of this Order where—
(a) opposite the reference to any service described in column 2 of Schedule 1 there is also 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 Minister, 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 service nor to any other service which follows this sequence (that is to say every 14th service), other than a service described in column 2 of Schedule 1 opposite item number 9, or
(b) the first service, being a service described opposite the said item 9.
(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 Schedule 1 opposite item 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 Schedule 1 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 farmed, worked, occupied or administered as a single unit within the same district or any district adjoining it.
(5) For the purposes 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.
5 

(1) Where an inspector is on any premises for the purpose of performing any service for which a fee is payable to the Minister otherwise than under this order as well as any service for which a fee is prescribed in Schedule 1, there shall be paid to the Minister, 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 Schedule 2 as well as a service for which a fee is prescribed in Schedule 1, there shall be paid to the Minister, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.
6 

(1) Subject to paragraph (2) below, there shall be paid to the Minister, in place of any basic fee or alternative fee, a reduced fee where the appropriate Minister is satisfied that—
(a) the applicant is not a taxable person for the purposes of the Value Added Tax Act 1983 or if he is a taxable person, he makes no taxable supplies of plants, plant products, soil or agricultural 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.
7 
Subject to the following provisions of this Order, there shall be paid to the Minister in respect of any service described in column 2 of Schedule 2 the fee prescribed in column 3 of Schedule 2 opposite the reference to that service.
8 
The fees prescribed in Schedule 1 shall be paid on demand made by the Minister and the fees prescribed in Schedule 2 shall be paid at the time of application for the services to which they relate.
9 
If an application for a service described in column 2 of Schedule 2 is withdrawn by a written request made by the applicant and received by the appropriate Minister within 7 days of the date of the application, the fee paid under article 7 less an amount of £5 shall be refunded to the applicant.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Nicholas Edwards
Secretary of State for Wales
2nd March 1987
SCHEDULE 1
Articles 2 to 5 and 8


(1) (2) (3) (4)
Item Service Basic fee£ Alternative fee£
1 The taking of one soil sample from a field, or part of a field, which is not more than 4 hectares 28 10
2 The taking of two soil samples on the same visit from fields on the same holding, the combined area of which is not more than 3 hectares 28 10
3 The taking of up to three samples of compost for container grown plants 28 10
4 Laboratory testing of one soil sample 13
5 Growing Season Inspection
 Where the basic fee is payable, one Growing Season Inspection of—
(a) up to 0.1 hectares of outdoor plants (including bulbs and plants in containers), or
(b) up to 1,000 indoor plants, or
(c) up to 1.0 hectares of seed crops;and where the alternative fee is payable, one Growing Season Inspection of—
(a) up to 1.5 hectares of bulbs, or
(b) up to 1.0 hectares of outdoor plants other than bulbs, or
(c) up to 6.0 hectares of seed crops, or
(d) up to 10,000 indoor plants 28 10
6 Pre-export inspection of and the issue of certificates, for—
(a) up to 7 small consignments, to be exported under up to 7 certificates, or
(b) up to 25 tonnes, to be exported under one certificate, of plants, plant products or soil other than bulbs, potatoes and seeds 28 10
7 Pre-export inspection of up to 25 tonnes of potatoes, to be exported under one certificate, and the issue of that certificate 28 15
8 Pre-export inspection of—
(a) a stock of bulbs up to 25 tonnes and the issue of such certificates as may be required for the export of bulbs from that stock issued while the inspector is on the premises for the purposes of this inspection or any other official purpose, or
(b) up to 25 tonnes of bulbs of one stock, to be exported under one certificate, and the issue of that certificate 28 15
9 The taking of samples of seed for examination or testing—
(a) where the basic fee is payable the taking of 3 samples, and
(b) where the alternative fee is payable the taking of one sample 28 2.50
10 The issue of one certificate for the export of a consignment of seeds where they, or the bulk from which they are taken, have already been sampled and examined or tested 10
11 The issue of one certificate for the export of a consignment of seeds where the appropriate Minister is satisfied that the export is for national listing purposes and where they, or the bulk from which they are taken, have already been sampled and examined or tested 5
12 The inspection for any traces of soil or plant debris and the issue of one or more certificates for the export of used agricultural machines—
(a) where the basic fee is payable the inspection of up to 5 agricultural machines, and
(b) where the alternative fee is payable the inspection of up to 10 agricultural machines 28 10
13 The issue of one certificate, including any prior examination or test, without a visit by an inspector to the applicant’s premises 10
14 The issue of up to 20 certificates for the export of articles not requiring inspection on that occasion but requiring a visit to the applicant’s premises 28 10
15 The issue of one certificate by an inspector where an inspector has not had to visit the applicant’s premises in respect of the articles to be certified or to inspect those articles and where no examination or testing has been necessary 1
SCHEDULE 2
Articles 7 and 8


(1) (2) (3)
Item Service Fee£
1 Consideration of an application for the issue of an import licence and the performance of any connected service, including the issue of the licence where appropriate 150
2 The inspection of articles imported for the purposes of a trade or business, being an inspection required by the terms of the import licence under which the articles were imported 28
3 Where the application for an import licence is for the import of articles for a scientific purpose and the number of types of article to be imported under the same licence exceeds 5, the inclusion of one type of article in the licence in addition to the first five 5
4 Where an import licence is issued for the importation of articles for a scientific purpose, the variation of the licence so as to enable the importation of additional articles under that licence 20 plus 5 for each article
5 The issue of an import licence for the importation of articles not for the purposes of a trade or business nor for a scientific purpose 25