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The Seeds (Fees) (Scotland) Regulations 2002

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Scottish Statutory Instruments

2002 No. 526

SEEDS

The Seeds (Fees) (Scotland) Regulations 2002

Made

28th November 2002

Laid before the Scottish Parliament

2nd December 2002

Coming into force

31st December 2002

The Scottish Ministers in exercise of the powers conferred by sections 16(1), (1A)(e), (5)(a) and 36 of the Plant Varieties and Seeds Act 1964(1), and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Seeds (Fees) (Scotland) Regulations 2002 and shall come into force on 31st December 2002.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

(a)“licensed crop inspector” means a person for the time being licensed under regulation 10 of the Seeds (Registration, Licensing and Enforcement) Regulations 1985(2) to be a crop inspector;

“licensed seed sampler” means a person for the time being licensed under regulation 10 of the Seeds (Registration, Licensing and Enforcement) Regulations 1985 to be a seed sampler;

“licensed seed testing station” means an establishment for the time being licensed under regulation 9 of the Seeds (Registration, Licensing and Enforcement) Regulations 1985 for the testing of seeds for the purposes of seeds regulations;

“seeds regulations” means Regulations extending to Scotland made under section 16 of the Plant Varieties and Seeds Act 1964 and for the time being in force, and other expressions in the Regulations relating to any crops or seeds have the same meanings as they do in seeds Regulations appropriate to such crops or seeds;

(b)

a reference to a numbered Schedule is a reference to the Schedule to these Regulations which bears that number; and

(c)

the times of payment and the fees specified in columns (2) and (4) respectively of Schedule 6, and the fees specified in column (3) of Schedules 1 to 5, are so specified in relation to the matters specified in column (1) of those Schedules opposite to which they appear.

Fees

3.—(1) Subject to paragraph (5), there shall be paid, in respect of the matters specified in column (1) of Schedules 1 to 5, the fees specified in column (3) of those Schedules, such fees being payable within one month of demand.

(2) There shall be paid, in respect of the matters specified in column (1) of Schedule 6, the fees specified in column (4) of that Schedule, such fees being payable at the times specified in column (2) of that Schedule.

(3) Subject to paragraph (4) below, such fees shall be payable to the Scottish Ministers.

(4) Where–

(a)the official examination of a crop is undertaken by a licensed crop inspector;

(b)the official examination of a sample of seeds is undertaken by a licensed seed testing station; or

(c)the sampling of a seed lot for the purposes of an official examination is undertaken by a licensed seed sampler,

the fee for such official examination or sampling shall be payable to the licensed crop inspector or the licensed seed testing station undertaking the official examination or to the licensed seed sampler undertaking the sampling.

(5) Where an application in respect of a matter specified in column (1) of parts A and B of Schedules 1 to 5 is withdrawn before arrangements have been made for the purpose of an official crop examination, the fee specified in column (3) of those parts shall not be due and if already paid shall be repaid, but less the sum of £2.50 per hectare where the application was in respect of a matter specified in column (1) of part A of those Schedules.

4.  Regulation 3 above shall apply to matters listed in column (1) of Schedules 1 to 6 arising in relation to breeder’s confirmations as it does to matters so listed arising in relation to official certificates.

5.  The Scottish Ministers may exempt any person or class of persons or persons generally from compliance with any of the provisions of these Regulations relating to the payment of fees and any such exemption may be granted subject to conditions.

Revocation

6.  The Seeds (Fees) (Scotland) Regulations 2000(3) are hereby revoked.

ALlAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th November 2002

Regulation 3

SCHEDULE 1MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993(4)

(1) (2) (3)
MatterOld feeNew fee
££
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:–

(i)pre basic seed or basic seed

24.6026.45

(ii)certified seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

6.206.70

(iii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

5.505.90
B. Crop inspection fees

(i)Fee for the official examination of crops intended to produce pre basic seed, basic seed, certified seed or certified seed of the first generation and certified seed of the second generation per hectare or part thereof examined.

12.3013.20

(ii)Fee for the official re examination of crops intended to produce pre basic seed, basic seed, certified seed, or certified seed of the first generation and certified seed of the second generation per hectare or part thereof examined, except:–

12.3013.20

(a)Fee for the official re examination of crops for wild oats per hectare or part thereof examined

6.156.60

(b)Fee for the official re examination of crops for isolation per hectare or part thereof

2.202.40

(c)Fee per crop to authenticate seed lot sown, (where this has not been carried out at crop inspection)

5.505.90
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D below) in respect of a seed lot entered as:–

(i)breeder’s seed, pre basic seed or basic seed, certified seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize

40.6543.70

(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

20.3021.80
D. Seed lot re entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re entered as:–

(i)pre basic seed or basic seed, certified seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

28.4530.60

(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

14.2015.30
E. Sampling Fees
Fee for sampling or re sampling of a seed lot for the purposes of an official examination, and for sampling or re sampling imported seed intended for further multiplication30.9033.20
F. Seed testing fees
Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)35.7039.40
G. Fees for additional tests
Fee for a Tetrazolium seed viability test in certified seed of the first generation of Winter Wheat and Winter Barley41.9046.20
H. Official label fees
Additional fee for the issue and printing of official labels:–

(i)tear resistant labels for breeder’s seed, breeder’s confirmation seed, pre basic and seed for export; per seed lot

33.0035.50

(ii)self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic and seed for export; per seed lot

22.9024.60

Regulation 3

SCHEDULE 2MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993(5)

(1)(2)(3)
MatterOld feeNew fee
££
A. Initial fees

Initial fee per hectare or part thereof for crops intended to produce:–

(i)

pre basic seed or basic seed of

(a)grasses, legumes (except field beans and field peas) and crucifers

18.5019.90

(b)field beans and field peas

16.0017.20

(ii)certified seed of grasses, legumes (except field beans and field peas white lupin, narrow leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch, and lucerne) and crucifers

8.659.30

(iii)certified seed of the first generation and certified seed of the second generation of field beans and field peas

7.408.00

(iv)certified seed of the first generation of white lupin, narrow leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

8.65 (6)9.30
B. Crop inspection fee

(i)Fee for the official examination or re examination of crops intended to produce pre basic seed, basic seed, certified seed, or certified seed of the first generation and certified seed of the second generation per hectare or part thereof examined

12.3013.20

(ii)Fee for the official examination or re examination of certified seed of Scots Timothy crops per hectare or part thereof examined

5.505.90

(iii)Fee for the official examination or re examination of certified seed of the first generation and certified seed of the second generation of field beans and field peas

12.3013.20
C. Seed lot fee

Fee for the issue of an official certificate (other than in the circumstances described under D below) in respect of a seed lot entered as:–

(i)

breeder’s seed of

(a)grasses, legumes (except field beans and field peas) and crucifers

33.3035.80

(b)field beans and field peas

54.2058.30

(ii)pre basic seed or basic seed of

(a)grasses, legumes (except field beans and field peas) and crucifers

62.8567.60

(b)field beans and field peas

54.2058.30

(iii)certified seed of grasses, legumes (except field beans and field peas, white lupin, narrow leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch, and lucerne) and crucifers

62.85 (7)67.60

(iv)certified seed of the first generation and certified seed of the second generation of field beans and field peas

50.5054.30

(v)certified seed of the first generation of white lupin, narrow leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch, and lucerne

62.85 (7)67.60

(vi)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993

55.4559.60
D. Seed lot re entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re entered as:–

(i)pre basic seed or basic seed of

44.0047.30

(a)grasses, legumes (except field beans and field peas) and crucifers

(b)field beans and field peas

37.9540.80

(ii)certified seed of grasses, legumes (except field beans and field peas) white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch, and lucerne) and crucifers

44.0047.30

(iii)certified seed of the first generation and certified seed of the second generation of field beans and field peas

35.3538.00

(iv)certified seed of the first generation of white lupin, narrow leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch, and lucerne.

44.00 (8)47.30

(v)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993

38.8041.70
E. Sampling fees
Fee for sampling or re sampling of a seed lot for the purposes of an official examination and for sampling or re sampling imported seed intended for further multiplication30.9033.20
F. Official label fees
Additional fee for the issue and printing of official labels:–

(i)tear resistant labels for breeder’s confirmation seed, breeder’s seed, pre-basic seed and seed for export; per seed lot

33.0035.50

(ii)self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

22.9024.60

Regulation 3

SCHEDULE 3MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993(9)

(1)(2)(3)
MatterOld feeNew fee
££
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:–

(i)pre basic seed or basic seed

27.1529.20

(ii)certified seed or certified seed of the first generation, certified seed of the second generation, certified seed of the third generation and commercial seed

12.9513.90
B. Crop inspection fee
Fee for the official examination or re examination of crops intended to produce pre basic seed, basic seed, certified seed or certified seed of the first generation, certified seed of the second generation , certified seed of the third generation and commercial seed per hectare or part thereof examined12.3013.20
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D below) in respect of a seed lot entered as:–

(i)breeders seed, pre basic seed or basic seed

49.3053.00

(ii)certified seed or certified seed of the first generation, certified seed of the second generation, certified seed of the third generation and commercial seed

49.3053.00
D. Seed lot re entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re entered as: pre-basic seed, basic seed, certified seed or certified seed of the first generation, certified seed of the second generation, certified seed of the third generation and commercial seed34.5037.10
E. Sampling fees
Fee for sampling or re sampling of a seed lot for the purposes of an official examination and for sampling or re sampling imported seed intended for further multiplication30.9033.20
F. Seed testing fees
Fees for an official examination of seed for:–

(i)sunflower for Botrytis spp

41.8546.15

(ii)flax and linseed for:–

(a)Alternaria spp

34.4537.95

(b)Phoma exiqua var. linicola

34.4537.95

(c)Colletotrichum lini

34.4537.95

(d)Fusarium spp

34.4537.95

(e)Botrytis spp

34.4537.95

(iii)soya bean for Pseudomonas syringae pv. glycinea spp for:–

(a)for one sub sample test

60.0066.15

(b)for five sub sample tests

200.00220.50

(iv)soya bean for Diaporthe phaselorum spp

37.5041.35
G. Official label fees
Additional fee for the issue and printing of official labels:–

(i)tear resistant labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

33.0035.50

(ii)self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

22.9024.60

Regulation 3

SCHEDULE 4MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993(10)

(1)(2)(3)
MatterOld feeNew fee
££
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:–

(i)pre basic seed or basic seed

32.0534.50

(ii)certified seed

14.8015.90
B. Crop inspection fee
Fee for the official examination or re examination of crops intended to produce pre basic seed, basic seed or certified seed per hectare or part thereof examined12.3013.20
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D below) in respect of a seed lot entered as:–

(i)pre basic seed or basic seed

60.4064.90

(ii)certified seed

59.1063.50
D. Seed lot re entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re entered as:–

(i)pre basic seed or basic seed

42.3045.50

(ii)certified seed

41.4044.50
E. Sampling fees
Fee for sampling or re sampling of a seed lot for the purpose of an official examination and for sampling or re sampling imported seed intended for further multiplication30.9033.20
F. Official label fees
Additional fee for the issue and printing of official labels:–

(i)tear resistant labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

33.0035.50

(ii)self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

22.9024.60

Regulation 3

SCHEDULE 5MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993(11)

(1)(2)(3)
MatterOld feeNew fee
££
A. Initial fees

Initial fee for crops intended to produce:–

(i)

pre basic seed or basic seed of

(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof

43.1046.30

(b)peas and broad beans per hectare or part thereof

27.1529.20

(c)cucumber, gherkin and tomato, per crop

43.1046.30

(ii)certified seed of

(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof

23.3525.10

(b)peas and broad beans per hectare or part thereof

11.1011.90

(c)cucumber, gherkin and tomato, per crop

23.3525.10
B. Crop inspection fee
Fee for the official examination or re examination of crops intended to produce:

(i)A(i)(a) or (b) and A(ii)(a) or (b) above, per hectare or part thereof examined

12.3013.20

(ii)A(i)(c) and A(ii)(c) above, per crop examined

12.3013.20
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D below) in respect of a seed lot entered98.55105.90
D. Seed lot re entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re entered as pre basic seed, basic seed or certified seed69.0074.20
E. Sampling fees
Fee for sampling or re sampling of a seed lot for the purposes of an official examination and for sampling or re sampling imported seed intended for further multiplication30.9033.20
F. Official label fees
Additional fee for the issue and printing of official labels:–

(i)tear resistant labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

33.0035.50

(ii)self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot

22.9024.60

Regulation 3

SCHEDULE 6MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985(12)

(1)(2)(3)(4)
MatterWhen payableOld feeNew fee
££
A. Representations by, and hearings of, a seed merchant, processor or packer

(i)Fee for making written representations to the Scottish Ministers

On making representations30.8033.95

(ii)Fee for being heard by a person appointed by the Scottish Ministers

On applying to be heard61.6067.95
B. Licensed Seed Testing Stations

(i)Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)

Within one month of demand by or on behalf of the Scottish Ministers, annually in advance2,033.001,800.00

(ii)Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed

Within one month of demand by or on behalf of the Scottish Ministers, annually in arrears8.759.65
C. Crop Inspection Courses and Examination
Fee for:–

(i)crop inspection course

Fee payable within one month of demand by or on behalf of the Scottish Ministers455.00500.00

(ii)initial examination and compulsory re tests

60.0066.00
D. Seed Sampling Course and Examination
Fee for:–

(i)tuition and examination for seed samplers licence (administrative and sampling elements)

Fee payable within one month of demand by or on behalf of the Scottish Ministers230.00280.00

(ii)tuition and examination for seed samplers licence (administrative elements only)

60.0074.00
E. Seed Analyst Course and Examination
Fee for:–

(i)Laboratory Management Course Registration

Fee payable within one month of demand by or on behalf of the Scottish Ministers400.00450.00

(ii)Laboratory Management Course Daily Attendance

310.00360.00

(iii)Analyst Course Registration

1,050.001,200.00

(iv)Analyst Course additional and retake divisions (per division)

100.00126.00

(v)Analyst Course daily attendance

300.00340.00

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe revised fees in respect of matters arising under the Cereal Seeds Regulations 1993 (as amended), the Fodder Plant Seeds Regulations 1993 (as amended), the Oil and Fibre Plant Seeds Regulations 1993 (as amended), the Beet Seeds Regulations 1993 (as amended), the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 3). They revoke the Seeds (Fees) (Scotland) Regulations 2000.

The matters in respect of which the revised fees are prescribed are listed in the Schedules to these Regulations. They allow for a reduced charge for the annual licence for seed testing stations. All other fees have been increased.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.

(1)

1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); section 38(1), which was amended by S.I. 1978/272, contains a definition of “the Minister” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1985/980; relevant amending instruments are S.I. 1987/1098, 1990/611 and 1993/2530.

(4)

S.I. 1993/2005, amended by S.I. 1990/1860, 1995/1482, 1997/616 and 2000/248 and S.S.I. 2002/520.

(5)

S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453 and 1997/616 and S.I. 2000/247 and S.S.I. 2002/520.

(6)

In previous Regulations this group was part of “certified seed of grass, legumes (except field beans and peas) and crucifers”, which have now been separated out.

(7)

In previous Regulations this group was part of “certified seed of grass legumes (except field beans and peas) and crucifers”, which have now been separated out.

(8)

In previous Regulations this group was part of “certified seed of grass, legumes (except field beans and peas) and crucifers”, which have now been separated out.

(9)

S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451, 1997/616, 1999/1862 and 2000/249.

(10)

S.I. 1993/2006, amended by S.I. 1997/616, 1999/1861 and 2000/246.

(11)

S.I. 1993/2008, amended by S.I. 1996/1452, 1997/616, 1999/1863 and 2000/250.

(12)

S.I. 1985/980, amended by S.I. 1987/1098, 1990/611 and 1993/2530.

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