LegalizeThe 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[^f00001], 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[^f00002] 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; a reference to a numbered Schedule is a reference to the Schedule to these Regulations which bears that number; and 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[^f00003] are hereby revoked.
SCHEDULE 1 — MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993[^f00004]
| (1) | (2) | (3) |
|---|---|---|
| Matter | Old fee | New fee |
| £ | £ | |
| A. Initial fees | A. Initial fees | |
| Initial fee per hectare or part thereof for crops intended to produce:– | ||
| i pre basic seed or basic seed | 24.60 | 26.45 |
| 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 | 6.20 | 6.70 |
| iii certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 5.50 | 5.90 |
| B. Crop inspection fees | 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. | 12.30 | 13.20 |
| 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:– | 12.30 | 13.20 |
| a Fee for the official re examination of crops for wild oats per hectare or part thereof examined | 6.15 | 6.60 |
| b Fee for the official re examination of crops for isolation per hectare or part thereof | 2.20 | 2.40 |
| c Fee per crop to authenticate seed lot sown, (where this has not been carried out at crop inspection) | 5.50 | 5.90 |
| C. Seed lot fee | 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 | 40.65 | 43.70 |
| ii certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 20.30 | 21.80 |
| D. Seed lot re entry fee | 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 | 28.45 | 30.60 |
| ii certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 14.20 | 15.30 |
| E. Sampling Fees | 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 multiplication | 30.90 | 33.20 |
| F. Seed testing fees | 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) | 35.70 | 39.40 |
| G. Fees for additional tests | G. Fees for additional tests | |
| Fee for a Tetrazolium seed viability test in certified seed of the first generation of Winter Wheat and Winter Barley | 41.90 | 46.20 |
| H. Official label fees | 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 | 33.00 | 35.50 |
| ii self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic and seed for export; per seed lot | 22.90 | 24.60 |
SCHEDULE 2 — MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993[^f00005]
| (1) | (2) | (3) |
|---|---|---|
| Matter | Old fee | New fee |
| £ | £ | |
| A. Initial fees | A. Initial fees | |
| Initial fee per hectare or part thereof for crops intended to produce:– pre basic seed or basic seed of | ||
| a grasses, legumes (except field beans and field peas) and crucifers | 18.50 | 19.90 |
| b field beans and field peas | 16.00 | 17.20 |
| 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 | 8.65 | 9.30 |
| iii certified seed of the first generation and certified seed of the second generation of field beans and field peas | 7.40 | 8.00 |
| 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 [^f00006] | 9.30 |
| B. Crop inspection fee | 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 | 12.30 | 13.20 |
| ii Fee for the official examination or re examination of certified seed of Scots Timothy crops per hectare or part thereof examined | 5.50 | 5.90 |
| 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 | 12.30 | 13.20 |
| C. Seed lot fee | 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:– breeder’s seed of | ||
| a grasses, legumes (except field beans and field peas) and crucifers | 33.30 | 35.80 |
| b field beans and field peas | 54.20 | 58.30 |
| ii pre basic seed or basic seed of | ||
| a grasses, legumes (except field beans and field peas) and crucifers | 62.85 | 67.60 |
| b field beans and field peas | 54.20 | 58.30 |
| 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 [^f00007] | 67.60 |
| iv certified seed of the first generation and certified seed of the second generation of field beans and field peas | 50.50 | 54.30 |
| 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 [^f00007] | 67.60 |
| vi commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 | 55.45 | 59.60 |
| D. Seed lot re entry fee | 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 | 44.00 | 47.30 |
| a grasses, legumes (except field beans and field peas) and crucifers | ||
| b field beans and field peas | 37.95 | 40.80 |
| 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 | 44.00 | 47.30 |
| iii certified seed of the first generation and certified seed of the second generation of field beans and field peas | 35.35 | 38.00 |
| 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 [^f00008] | 47.30 |
| v commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 | 38.80 | 41.70 |
| E. Sampling fees | 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 multiplication | 30.90 | 33.20 |
| F. Official label fees | 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 | 33.00 | 35.50 |
| ii self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot | 22.90 | 24.60 |
SCHEDULE 3 — MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993[^f00009]
| (1) | (2) | (3) |
|---|---|---|
| Matter | Old fee | New fee |
| £ | £ | |
| A. Initial fees | A. Initial fees | |
| Initial fee per hectare or part thereof for crops intended to produce:– | ||
| i pre basic seed or basic seed | 27.15 | 29.20 |
| 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 | 12.95 | 13.90 |
| B. Crop inspection fee | 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 examined | 12.30 | 13.20 |
| C. Seed lot fee | 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 | 49.30 | 53.00 |
| 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 | 49.30 | 53.00 |
| D. Seed lot re entry fee | 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 seed | 34.50 | 37.10 |
| E. Sampling fees | 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 multiplication | 30.90 | 33.20 |
| F. Seed testing fees | F. Seed testing fees | |
| Fees for an official examination of seed for:– | ||
| i sunflower for Botrytis spp | 41.85 | 46.15 |
| ii flax and linseed for:– | ||
| a Alternaria spp | 34.45 | 37.95 |
| b Phoma exiqua var. linicola | 34.45 | 37.95 |
| c Colletotrichum lini | 34.45 | 37.95 |
| d Fusarium spp | 34.45 | 37.95 |
| e Botrytis spp | 34.45 | 37.95 |
| iii soya bean for Pseudomonas syringae pv. glycinea spp for:– | ||
| a for one sub sample test | 60.00 | 66.15 |
| b for five sub sample tests | 200.00 | 220.50 |
| iv soya bean for Diaporthe phaselorum spp | 37.50 | 41.35 |
| G. Official label fees | 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 | 33.00 | 35.50 |
| ii self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot | 22.90 | 24.60 |
SCHEDULE 4 — MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993[^f00010]
| (1) | (2) | (3) |
|---|---|---|
| Matter | Old fee | New fee |
| £ | £ | |
| A. Initial fees | A. Initial fees | |
| Initial fee per hectare or part thereof for crops intended to produce:– | ||
| i pre basic seed or basic seed | 32.05 | 34.50 |
| ii certified seed | 14.80 | 15.90 |
| B. Crop inspection fee | 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 examined | 12.30 | 13.20 |
| C. Seed lot fee | 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 | 60.40 | 64.90 |
| ii certified seed | 59.10 | 63.50 |
| D. Seed lot re entry fee | 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 | 42.30 | 45.50 |
| ii certified seed | 41.40 | 44.50 |
| E. Sampling fees | 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 multiplication | 30.90 | 33.20 |
| F. Official label fees | 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 | 33.00 | 35.50 |
| ii self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot | 22.90 | 24.60 |
SCHEDULE 5 — MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993[^f00011]
| (1) | (2) | (3) |
|---|---|---|
| Matter | Old fee | New fee |
| £ | £ | |
| A. Initial fees | A. Initial fees | |
| Initial fee for crops intended to produce:– pre basic seed or basic seed of | ||
| a all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof | 43.10 | 46.30 |
| b peas and broad beans per hectare or part thereof | 27.15 | 29.20 |
| c cucumber, gherkin and tomato, per crop | 43.10 | 46.30 |
| ii certified seed of | ||
| a all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof | 23.35 | 25.10 |
| b peas and broad beans per hectare or part thereof | 11.10 | 11.90 |
| c cucumber, gherkin and tomato, per crop | 23.35 | 25.10 |
| B. Crop inspection fee | 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 | 12.30 | 13.20 |
| ii A(i)(c) and A(ii)(c) above, per crop examined | 12.30 | 13.20 |
| C. Seed lot fee | 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 | 98.55 | 105.90 |
| D. Seed lot re entry fee | 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 seed | 69.00 | 74.20 |
| E. Sampling fees | 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 multiplication | 30.90 | 33.20 |
| F. Official label fees | 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 | 33.00 | 35.50 |
| ii self adhesive labels for breeder’s confirmation seed, breeder’s seed, pre basic seed and seed for export; per seed lot | 22.90 | 24.60 |
SCHEDULE 6 — MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985[^f00012]
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Matter | When payable | Old fee | New fee |
| £ | £ | ||
| A. Representations by, and hearings of, a seed merchant, processor or packer | A. Representations by, and hearings of, a seed merchant, processor or packer | ||
| i Fee for making written representations to the Scottish Ministers | On making representations | 30.80 | 33.95 |
| ii Fee for being heard by a person appointed by the Scottish Ministers | On applying to be heard | 61.60 | 67.95 |
| B. Licensed Seed Testing Stations | 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 advance | 2,033.00 | 1,800.00 |
| 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 arrears | 8.75 | 9.65 |
| C. Crop Inspection Courses and Examination | 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 Ministers | 455.00 | 500.00 |
| ii initial examination and compulsory re tests | 60.00 | 66.00 | |
| D. Seed Sampling Course and Examination | 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 Ministers | 230.00 | 280.00 |
| ii tuition and examination for seed samplers licence (administrative elements only) | 60.00 | 74.00 | |
| E. Seed Analyst Course and Examination | 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 Ministers | 400.00 | 450.00 |
| ii Laboratory Management Course Daily Attendance | 310.00 | 360.00 | |
| iii Analyst Course Registration | 1,050.00 | 1,200.00 | |
| iv Analyst Course additional and retake divisions (per division) | 100.00 | 126.00 | |
| v Analyst Course daily attendance | 300.00 | 340.00 |
Signed
ALlAN WILSON — Authorised to sign by the Scottish Ministers — 28th November 2002
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.
Footnotes
[^f00001]: 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).
[^f00002]: S.I. 1985/980; relevant amending instruments are S.I. 1987/1098, 1990/611 and 1993/2530.
[^f00003]: S.S.I. 2000/1.
[^f00004]: S.I. 1993/2005, amended by S.I. 1990/1860, 1995/1482, 1997/616 and 2000/248 and S.S.I. 2002/520.
[^f00005]: 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.
[^f00006]: 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.
[^f00007]: 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.
[^f00008]: 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.
[^f00009]: S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451, 1997/616, 1999/1862 and 2000/249.
[^f00010]: S.I. 1993/2006, amended by S.I. 1997/616, 1999/1861 and 2000/246.
[^f00011]: S.I. 1993/2008, amended by S.I. 1996/1452, 1997/616, 1999/1863 and 2000/250.
[^f00012]: S.I. 1985/980, amended by S.I. 1987/1098, 1990/611 and 1993/2530.
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