The Seed (Fees) (Scotland) Regulations 2014

Citation, commencement and extent

1.  These Regulations may be cited as the Seed (Fees) (Scotland) Regulations 2014 and come into force on 18th August 2014.

2.  These Regulations extend to Scotland only.

Interpretation

3.—(1) In these Regulations—

“the 2006 Regulations” means the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006(1);

“the relevant person” means—

(a)

a licensed crop inspector, where the fee is for an official examination carried out by a licensed crop inspector;

(b)

a licensed seed sampler, where the fee is for the sampling of a seed lot for the purposes of an official examination carried out by a licensed seed sampler; or

(c)

in any other case, the Scottish Ministers; and

“the Seed Marketing Regulations” means—

(a)

the Vegetable Seeds Regulations 1993(2);

(b)

the Oil and Fibre Plant Seed (Scotland) Regulations 2004(3);

(c)

the Cereal Seed (Scotland) Regulations 2005(4);

(d)

the Fodder Plant Seed (Scotland) Regulations 2005(5); and

(e)

the Beet Seed (Scotland) (No. 2) Regulations 2010(6).

(2) Other words and expressions used in these Regulations have the same meaning as they do in the Seed Marketing Regulations or, as the case may be, the 2006 Regulations.

Fees for matters set out in Schedule 1

4.—(1) Paragraph (2) applies to matters set out in Schedule 1 relating to the Seed Marketing Regulations.

(2) Where this paragraph applies—

(a) the relevant person must charge the appropriate fee for the matter set out in Schedule 1; and

(b) the fee must be paid to the relevant person within one month of demand.

(3) Where paragraph A(ii) of Schedule 1 applies, any initial fee which has been paid under paragraph A(i) must be repaid to the extent that it exceeds the fee payable under paragraph A(ii).

Fees for matters set out in Schedule 2

5.—(1) Paragraph (2) applies to matters set out in Schedule 2 relating to the 2006 Regulations.

(2) Where this paragraph applies—

(a) the Scottish Ministers must charge the appropriate fee for the matter set out in Schedule 2; and

(b) the fee must be paid to the Scottish Ministers within the relevant timescale set out in Schedule 2.

Exemptions

6.  The Scottish Ministers may exempt any person from compliance with any provision in these Regulations relating to the payment of fees, subject to any conditions the Scottish Ministers think appropriate.

Revocations

7.  The Seed (Fees) (Scotland) Regulations 2011(7) are revoked.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

10th June 2014