The Seed Potatoes (Fees) (Scotland) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations which extend to Scotland only prescribe the fees payable in respect of certain matters arising under the Seed Potatoes (Scotland) Regulations 2000 (regulation 3 and the Schedule). They consolidate, with amendments, provisions relating to fees previously contained in the Seed Potatoes (Fees) (Scotland) Regulations 2005 (“the 2005 Regulations”) as amended by the Seed Potatoes (Fees) (Scotland) Amendment Regulations 2007 (“the 2007 Regulations”). Amendments to the 2005 Regulations in this consolidation are largely of a minor or consequential drafting nature, or provide for an increase in the rate of fees payable.

These Regulations prescribe the fees payable—

(a) for the carrying out of crop inspections, tuber inspections and the provision of official labels and seals as regards the classes of seed potatoes known as the Pre‑basic TC, Pre‑basic 1 to 4, Super Elite, Elite and test and trial seed potatoes and as regards Approved Stock (regulation 3 and the Schedule);

(b) for the initiation, provision and maintenance of nuclear stock (regulation 3 and the Schedule);

(c) for administration where an application for inspection as Pre-basic class generations 1 to 4, Super Elite or Elite is withdrawn before the arrival of an inspector due to inspect the crop for the first time (regulation 4 and the Schedule);

(d) for administration where labels and seals are returned unused in respect of Pre‑basic 1 to 4, Super Elite, Elite or A (regulation 4 and the Schedule); and

(e) for administration where an arrangement has been made by an applicant for an official examination of tubers to take place on a particular day but the applicant cancels the arrangement on that day (regulation 5 and the Schedule).

The Scottish Ministers may exempt any person, class of persons, or persons generally from compliance, in whole or in part, with the provisions of these Regulations (regulation 6).

Table of Destination and Derivation

The Table of Destination and Derivation below is intended to act as an aide for those familiar with the previous regulatory regime, and indicates the link between previous legislative provisions and those in the 2009 Regulations.

Derivation	Destination	Note of Amendment
The Seed Potatoes (Fees) (Scotland) Regulations 2005, as amended	The Seed Potatoes (Fees) (Scotland) Regulations 2009
Preamble	Preamble	Changes in wording to reflect changes in drafting practice.
Regulation 1	Regulation 1	“Shall” has been deleted to reflect changes in drafting practice in the two places it appeared.
Regulation 2	Regulation 2
Regulation 3	Regulation 3	“shall” has been replaced with “must” to reflect changes in drafting practice.
Regulation 4	Regulation 4
Regulation 4A	Regulation 5	Regulation 4A inserted by S.S.I 2007/520. As a result of consolidation, re-numbered to be Regulation 5. Insertion of parentheses.
Regulation 5	Regulation 6	Re-numbered in consolidation process
Regulation 6	Regulation 7	(Revocations)
Schedule – paragraph 1	Schedule – paragraph 1	Omission of “or Approved Stock” and insertion of “, Approved Stock or test and trial seed potatoes” by S.S.I 2007/520.
Schedule – paragraph 2	Schedule – paragraph 2
Schedule – paragraph 3	Schedule – paragraph 3
Schedule – paragraph 4	Schedule – paragraph 4
Schedule – paragraph 5	Schedule – paragraph 5	Omission of “and Approved Stock” and insertion of “, Approved Stock or test and trial seed potatoes” by S.S.I. 2007/520.
Schedule – paragraph 6	Schedule – paragraph 6	Amendment of fees for nuclear stock to reflect 2009 fee amounts.

These Regulations revoke the Seed Potatoes (Fees) (Scotland) Regulations 2005 and the Seed Potatoes (Fees) (Scotland) Amendment Regulations 2007.

A Regulatory Impact Assessment has been prepared in respect of these Regulations and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from The Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.