The Seed Potatoes (Fees) (Scotland) Regulations 2009

Made: 2nd September 2009

Laid before the Scottish Parliament: 3rd September 2009

Coming into force: 25th September 2009

In accordance with section 16(1) of that Act, they have consulted with representatives of such interests as appear to them to be concerned.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Seed Potatoes (Fees) (Scotland) Regulations2009 and come into force on 25th September 2009.

• (2) These Regulations extend to Scotland only.

Interpretation

2

In these Regulations “Approved Stock” means seed potatoes that are to be subjected to crop inspection or official examination for the purposes of regulation3(5) of the Seed Potatoes (Scotland) Regulations2000[^f00002].

Payment of Fees

3

Fees must be paid to the Scottish Ministers in respect of the matters arising under the Seed Potatoes (Scotland) Regulations2000 and specified in relation to an entry in column1 of the Schedule to these Regulations, calculated on the basis corresponding to that entry specified in column2 of that Schedule.

Withdrawal of application

4

• (1) If an application for crop inspection referred to in paragraph2 of the Schedule is withdrawn before the arrival of an inspector for the purpose of inspecting the crop for the first time the fee paid will be refunded to an applicant, subject to the charging of an administration fee of £1.50per half‑hectare.

• (2) If the labels and seals referred to in paragraph4 of the Schedule are returned unused within 2months of issue, the fee paid will be refunded to an applicant, subject to the charging of an administration fee of £1.00per tonne.

Cancellation of an official examination

5

If an arrangement has been made with an applicant for the carrying out of an official examination (referred to in paragraph5 of the Schedule) on a particular day, but, on that day, the applicant cancels the arrangement, the applicant will be subject to the charging of an administration fee of £25.00.

Exemptions

6

The Scottish Ministers may exempt any person, class of person, or persons generally, from compliance in whole or in part, with the provisions of these Regulations in relation to the payment of fees and any exemption so made may be made subject to conditions.

Revocation

7

The Seed Potatoes (Fees) (Scotland) Regulations 2005[^f00003] and the Seed Potatoes (Fees) (Scotland) Amendment Regulations 2007[^f00004] are hereby revoked.

SCHEDULE

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2nd September 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations which extend to Scotland only prescribe the fees payable in respect of certain matters arising under the Seed Potatoes (Scotland) Regulations2000 (regulation3 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‑basic1 to4, Super Elite, Elite and test and trial seed potatoes and as regards Approved Stock (regulation3 and the Schedule);

• (b) for the initiation, provision and maintenance of nuclear stock (regulation3 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‑basic1 to4, Super Elite, Elite orA (regulation4 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 (regulation6).

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

These Regulations revoke the Seed Potatoes (Fees) (Scotland) Regulations2005 and theSeed 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.

Footnotes

[^f00001]: 1964 (c.14); section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and paragraph 5(1) and (2) of Schedule 4 and by the Agriculture Act 1986 (c.49), section 2: section 16 is applied to seed potatoes by section 29(1); section 29 was amended by the European Communities Act 1972, section 4(1) and paragraph 5(4) of Schedule 4. See section 38 for the definition of “the Ministers”. 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.S.I.2000/201 as amended by S.S.I.2005/280, SSI 2007/418 and S.S.I. 2009/226.