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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.

Page updated: Saturday, July 17, 2004