The Seeds (Fees) (Amendment) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 1554 (W.152)

SEEDS, WALES

The Seeds (Fees) (Amendment) (Wales) Regulations 2002

Made

11th June 2002

Coming into force

9th July 2002

The National Assembly for Wales, acting in relation to Wales, in exercise of the powers conferred by sections 16(1) and (1A)(e) and 36 of the Plant Varieties and Seeds Act 1964(1), after consultation in accordance with the said section 16(1) with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:

Title, application and commencement

1.  These Regulations may be cited as the Seeds (Fees) (Amendment) (Wales) Regulations 2002, shall apply to Wales and shall come into force on 9th July 2002.

Amendment

2.—(1) The Seeds (Fees) Regulations 1985(2) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 the definition of “the Minister” shall be amended by—

(a) inserting immediately after “Food,” the words “in relation to Wales the National Assembly for Wales”; and

(b) deleting the words “or Wales”.

(3) In paragraph A (Initial fees) of Schedule 2—

(a) in sub-paragraph (ii) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and

(b) after sub-paragraph (iii) the following wording shall be inserted—

“(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.

9.10 (—)”.

(4) In paragraph B (Crop inspection fee) of Schedule 2—

(a) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and

(b) after the words “field beans and field peas”, in the last place where they occur, the following words shall be inserted—

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

(5) In paragraph C (Seed lot fee) of Schedule 2—

(a) in sub-paragraph (iii) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and

(b) after sub-paragraph (iv) the following wording shall be inserted—

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

66.00 (—)”.

(6) In paragraph D (Seed lot re-entry fee) of Schedule 2—

(a) in sub-paragraph (ii) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and

(b) after sub-paragraph (iii) the following wording shall be inserted—

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

46.20 (—)”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

John Marek

The Deputy Presiding Officer of the National Assembly

11th June 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply only to Wales, amend the Seeds (Fees) Regulations 1985 (as amended). The amendments are necessary as a result of the Fodder Plants Seeds (Amendment) (Wales) Regulations 2001 (S.I. 2001/3665 (W.297)) which removed white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne from the definition of “Certified Seed” in the Fodder Plant Seeds Regulations 1993 and included them instead within the definition of “Certified Seed of the First Generation”. The amendments are required to ensure that the descriptions of categories of seeds for which fees are prescribed in Schedule 2 to the Regulations reflect these changes.

(1)

1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraphs 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272) for a definition of “the Minister”; the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.

(2)

S.I. 1985/981; relevant amending instruments are S.I. 1990/610, 1999/1553, 1999/1865 and 2001/2533 (W.210).

(3)

1998 c. 38.