The Seeds (Fees) (Amendment) Regulations 1992

Statutory Instruments

1992 No. 1085

SEEDS

The Seeds (Fees) (Amendment) Regulations 1992

Made

30th April 1992

Laid before Parliament

11th May 1992

Coming into force

15th June 1992

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 16(1), (1A)(e) and (8) 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 the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Seeds (Fees) (Amendment) Regulations 1992 and shall come into force on 15th June 1992.

Amendment

2.  For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985((2)) there shall be substituted the Schedules set out in the Schedule to these Regulations.

Revocation

3.  The Seeds (Fees) (Amendment) Regulations 1991((3)) are revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th April 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Sir Hector Monro

Parliamentary Under Secretary of State, Scottish Office

29th April 1992

David Hunt

Secretary of State for Wales

29th April 1992

Regulation 2

SCHEDULE PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985

Regulation 3

“SCHEDULE 1 MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1985((4))

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(5)
A. Initial fees
Initial fees Initial fee per hectare or part thereof for crops intended to produce:	On application for registration
(i) pre-basic or basic seed		20.00	(20.00)
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		5.00	(5.00)
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		4.50	(4.50)
B.inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	9.00	(8.00)
C.Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—	On application
(i) breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize		32.00	(32.00)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		16.00	(15.00)
D.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)	Within one month of demand by or on behalf of the appropriate Minister	28.00	(28.00)
E. Fees for additional tests
Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley	Within one month of demand by or on behalf of the appropriate Minister	33.00	(33.00)

Regulation 3

SCHEDULE 2 MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1985(6)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(7)
A. Initial fees
Initial fee per hectare or part ther eof for crops intended to produce:	On application for registration
(i) pre-basic or basic seed of— (a) grasses, legumes (except field beans and field peas) and crucifers		15.00	(15.00)
(b) field beans and field peas		13.00	(13.00)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		7.00	(7.00)
(iii) certified seed of the first and second generation of field beans and field peas		6.00	(6.00)
B. Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	9.00	(8.00)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—	On application
(i) breeder’s seed of (a) grasses, legumes (except field beans and field peas) and crucifers)		26.00	(26.00)
(b) field beans and field peas		43.00	(43.00)
(ii) pre-basic or basic seed of (a) grasses, legumes (except field beans and field peas) and crucifers		50.00	(50.00)
(b) field beans and field peas		43.00	(43.00)
(iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		50.00	(50.00)
(iv) certified seed of the first and second generation of field beans and field peas		40.00	(40.00)
(v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1985		45.00	(45.00)
D. Seed testing fees
Fee for an official examination of seed for:—	Within one month of demand by or on behalf of the appropriate Minister
(i) Ascochyta fabaein:— (a) pre-basic and basic seed of field beans		150.00	(155.00)
(b) certified seed of the first generation of field beans		80.00	(83.00)
(ii) Pseudomonias syringae p.v.pisi(pea bacterial blight) in field peas		60.00	(61.00)

Regulation 3

SCHEDULE 3 MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1985(8)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(9)
A. Initial fees
Initial fee per hectare or part thereof for crops intented to produce:	On application for registration
(i) pre-basic or basic seed		22.00	(22.00)
(ii) all other categories of seed		10.00	(10.00)
B. Crop inspection fees
Fee for official examination of or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	9.00	(8.00)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—	On application
(i) breeder's, pre-basic or basic seed		39.00	(39.00)
(ii) all other categories of seed		39.00	(38.00)
D. Seed testing fees
Fees for an official examination of seed for:—	Within one month of demand by or on behalf of the appropriate Minister	150.00
(i) sunflower for Botrytisspp		33.00	(33.00)
(ii) flax and linseed for:— (a) Alternariaspp (b) Phoma exiquavar. linicola (c) Colletotrichum lini (d) Fusariumspp (e) Botrytisspp		27.00	(27.00)

Regulation 3

SCHEDULE 4 MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1985(10)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(11)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:—	On application for registration
(i) pre-basic or basic seed		26.00	(26.00)
(ii) certified seed		12.00	(12.00)
B. Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	9.00	(8.00)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—	On application
(i) pre-basic or basic seed		48.00	(48.00)
(ii) certified seed		47.00	(45.00)

Regulation 3

SCHEDULE 5 MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1985(12)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(13)
A. Initial fees
Initial fee for crops intended to produce:—	On application for registration
(i) pre-basic or basic seed of (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered		35.00	(35.00)
(b) peas and broad beans per hectare or part thereof entered		22.00	(22.00)
(c) cucumber, gherkin and tomato, per crop entered		35.00	(35.00)
(ii) certified seed of (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered		19.00	(19.00)
(b) peas and broad beans per hectare or part thereof entered		9.00	(9.00)
(c) cucumber, gherkin and tomato, per crop entered		19.00	(19.00)
B. Crop inspection fees
Fee for official examination or re-examination of crops intended to produce:—	On application
(i) A(i)(a) or (b) above, per hectare or part thereof examined		9.00	(8.00)
(ii) A(i)(c) above, per crop examined		9.00	(8.00)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered	On application	80.00	(80.00)

Regulation 3

SCHEDULE 6 MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985(14)

(1)	(2)	(3)
Matters	When Payable	Fee
		£	£(15)
A. Representations by, and hearings of, a seed merchant, processor or packer
(i) Fee for making written representations to the Minister	On making representations	25.00	(25.00)
(ii) Fee for being heard by a person appointed by the Minister	On applying to be heard	50.00	(50.00)
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 the Minister, annually in advance	1,600.00	(1,600.00)
(ii) Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed	Within one month of demand by the Minister, annually in arrears	4.00	(4.00)”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Seeds (Fees) Regulations 1985, by prescribing revised fees in respect of matters arising under the Cereal Seeds Regulations 1985 (as amended), the Fodder Plant Seeds Regulations 1985 (as amended), the Oil and Fibre Plant Seeds Regulations 1985 (as amended), the Beet Seeds Regulations 1985 (as amended), the Vegetable Seeds Regulations 1985 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2).

The matters in respect of which the revised fees are prescribed are listed in Schedule 1 to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.

(1)

1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4; see section 38(1) (as amended by S.I. 1978/272) for the definition of “the Ministers ”.

(2)

S.I. 1985/981; relevant amending instrument is S.I. 1991/656.

(3)

S.I. 1991/656.

(4)

S.I. 1985/976, amended by S.I. 1987/1091, 1989/1311.

(5)

The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1992 (S.I. 1992/1085) on 15th June 1992.

(6)

S.I. 1985/975, amended by S.I. 1987/1092, 1989/1312, 1990/1352, 1991/1601.

(7)

The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1992 (S.I. 1992/1085) on 15th June 1992.

(8)

S.I. 1985/977, amended by S.I. 1987/1097, 1989/1313, 1991/1602.

(9)

The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1992 (S.I. 1992/1085) on 15th June 1992.

(10)

S.I. 1985/978, amended by S.I. 1989/1310.

(11)

The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1992 (S.I. 1992/1085) on 15th June 1992.

(12)

S.I. 1985/979, amended by S.I. 1987/1093, 1989/1315.

(13)

The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendments) Regulations 1992 (S.I. 1992/1085) on 15th June 1992.

(14)

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

(15)

The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1992 (S.I. 1992/1085) on 15th June 1992.