This item was published during the term of a previous administration that ended in April 2007
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Review finds plant health charges unlawful
30/03/2004
Following a review of the charging
basis for a number of plant health services, the
Executive's Environmental and Rural Affairs Department
(SEERAD) has concluded that certain charges were unlawful
as there was no adequate statutory basis for them.
The charges have been suspended since
2001.
The services affected are:
- Phytosanitary certification(Plant
Health certificate) of exports of plant material to
third countries;
- The Seed Potatoes Approved Stock
Scheme;
- Seed Potato Inspections of
Pre-Basic Seed Potatoes
- Potato Quarantine Service
Action is now being taken to repay to
customers some £600,000 that was levied over seven years
prior to the suspension of charging.
SEERAD is now writing to those
organisations and individuals who are to be repaid.
At the same time, work is underway to
introduce appropriate legislation to place the charges
concerned on a statutory basis.
Customers will be informed well in
advance of the introduction of the relevant subordinate
legislation.
When in place, it will mean that there
is a statutory basis for the charges and that cost recovery
is once again in place for these services in the plant
health sector.
No invoices will be issued for charges
that would have accrued between the date of suspension of
the charges in January 2001 and the introduction of new
legislation.
Parallel reviews have been conducted for services
provided by DEFRA and the other Devolved Administrations
inWalesandNorthern Irelandand for export certification services provided by the
Forestry Commission.
Users of these services were advised that charges
were being suspended and a review would be undertaken
to ensure that the proper legislative basis was in
place.
Repayment is being made back to January 1994 to
ensure parity of treatment with equivalent customers in
England despite the rules of prescription in Scotland
providing that Scottish Ministers have an obligation to
make restitution for a period of five years
only.
The Executive are currently considering the
legality of certain charges for the services provided
in the area of seed sampling and crop
inspections.