
1 

(1) These Regulations may be cited as the Plant Health Fees (Scotland) Regulations 2008 and come into force on 1st June 2008.
(2) These Regulations extend to Scotland only.
2 
In these Regulations–
 ...
 ...
 “licence” means —
(a) a licence that was granted by the Scottish Ministers under article 40 or, as the case may be, article 41 of the Plant Health (Scotland) Order 2005; or
(b) an authorisation described in regulations 20(1)(a) and (b) and  21(1)  of the Plant Health Official Controls Regulations;
 ...
 ...
 ...
 “the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;...
 “the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC,
 “premises” includes any land or building used for the production or storage of plants, plant products or other objects.
 “UK plant passport” has the same meaning as in Article 78 of the Plant Health Regulation.
3 

(1) Where an inspection is carried out for the purposes specified in column 1 of Schedule 1 to these Regulations, the fee specified in column 3 shall be paid to the Scottish Ministers according to the area, or each part of the area, specified in column 2 of that Schedule.
(2) Where the premises are situated on more than one site, a separate fee applies in relation to each site, which fee shall be calculated according to the area, or each part of the area, of that site specified in column 2 of Schedule 1 to these Regulations.
4 
Where any service described in column 1 of Schedule 2 to these Regulations is undertaken, the fee specified in column 2 of that Schedule opposite the reference to that service shall be paid to the Scottish Ministers.
5 
Where any service described in column 1 of Schedule 3 to these Regulations is undertaken, the fee specified in column 2 of that Schedule opposite the reference to that service shall be paid to the Scottish Ministers.
5A. 
Where an official soil test for Potato Cyst Nematode is carried out under  paragraph 4 of schedule 2 (specific measures relating certain solanaceous species) of the Plant Health Official Controls Regulations, for each 400 ml soil sample or part thereof submitted for testing, the fee of £13.81 shall be paid to the Scottish Ministers.
6 
The Plant Health Fees (Scotland) Regulations 1996 , the Plant Health Fees (Scotland) Amendment Regulations 2004 , the Plant Health Fees (Scotland) Amendment Regulations 2005  and the Plant Health Fees (Scotland) Amendment Regulations 2007  are revoked.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew's House,
Edinburgh

SCHEDULE 1
Regulation 3

Column 1 Column 2 Column 3
Service Area of premises (Hectares) Fee £
Each inspection of premises, plants and plant material (including check of business records) for the purpose of considering an application for, or the continuing operation of an  authorisation to issue  UK plant passports  under Article 89 of the ... Plant Health Regulation: per site Not exceeding 1 87.73
Exceeding 1 but not exceeding 2 121
Exceeding 2 but not exceeding 4 176.66
Exceeding 4 but not exceeding 10 232.32
Exceeding 10 but not exceeding 20 360.58
Exceeding 20 but not exceeding 35 431.97
Exceeding 35 but not exceeding 50 508.20
Each additional 10 hectares or part thereof 66.55
SCHEDULE 2
Regulation 4

Column 1 Column 2
Service Fee £

1 
Consideration of an application for the grant of a licence and the performance of any connected service, including the grant of a licence for articles imported for the following purposes–
 

(a) scientific
 65

(b) commercial–
 

(i) potato breeders' and other quarantine material
 65

(ii) other plant material (to include cost of inspection)
 70

(c) private (to include cost of inspection)
 70

2 
Consideration of an application for extension or variation of a licence
 25

3 
The inspection of premises or of articles for import, per day (where not included under paragraph 1 above)–
 

(a) up to and including the first 30 minutes
 40

(b) thereafter, for each additional 30 minutes or part thereof
 20
SCHEDULE 3
Regulation 5

Column 1 Column 2
Service Fee £

1 
Testing of plant material to be used exclusively by the purchaser of the service
 380

2 
Testing of plant material not to be used exclusively by the purchaser of the service
 180