The Seed (Fees) (Scotland) Regulations 2011

Type Scottish-Statutory-Instrument
Publication 2011-11-22
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
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Made: 22nd November 2011

Laid before the Scottish Parliament: 24th November 2011

Coming into force: 1st January 2012

In accordance with section16(1) of that Act they have consulted with representatives of such interests as appear to them to be concerned.

Citation, commencement and extent

1

These Regulations may be cited as the Seed (Fees) (Scotland) Regulations 2011 and come into force on 1stJanuary 2012.

2

These Regulations extend to Scotland only.

Interpretation

3

Fees for matters set out in Schedule 1

4

Fees for matters set out in Schedule 2

5

Reduced or additional fees

6

a fee of £29.00 per crop must be charged by the Scottish Ministers in addition to the appropriate fee set out in paragraph B of Schedule 1, and the fee must be paid to the Scottish Ministers within one month of demand.

Exemptions

7

The Scottish Ministers may exempt any person from compliance with any provision in these Regulations relating to the payment of fees, subject to any conditions the Scottish Ministers think appropriate.

Revocations

8

The Seeds (Fees) (Scotland) Regulations 2007[^f00008] and regulation 24 of the Beet Seed (Scotland) (No.2) Regulations 2010 are revoked.

SCHEDULE 1 — FEES FOR MATTERS RELATING TO THE SEED MARKETING REGULATIONS

Matter Matter Matter Fee £
A.Initial fees A.Initial fees A.Initial fees
Initial fee per hectare or part thereof for crops intended to produce:— Initial fee per hectare or part thereof for crops intended to produce:— Initial fee per hectare or part thereof for crops intended to produce:—
(i) Pre-Basic Seed or Basic Seed Pre-Basic Seed or Basic Seed 29.60
(ii) Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation 4.25
B.Crop inspection fees B.Crop inspection fees B.Crop inspection fees
(i) Fee for the official examination of crops other than a hybrid of swede rape intended to produce Pre-Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation, per hectare or part thereof examined Fee for the official examination of crops other than a hybrid of swede rape intended to produce Pre-Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation, per hectare or part thereof examined 16.30
(ii) Fee for the official field inspection of a hybrid of swede rape, per hectare or part thereof examined Fee for the official field inspection of a hybrid of swede rape, per hectare or part thereof examined 48.90
(iii) Fee for the further official examination of crops intended to produce Pre-Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation, per hectare or part thereof examined, except:— Fee for the further official examination of crops intended to produce Pre-Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation, per hectare or part thereof examined, except:— 16.30
(a) Further official examination of crops for wild oats, per hectare or part thereof examined 7.96
(b) Further official examination of crops in respect of isolation distance, per hectare or part thereof examined 3.17
(c) Further official examination of crops which have been lodged, per hectare or part thereof examined 7.13
(iv) Fee for the authentication of seed lot sown (where this has not been carried out at crop inspection), per crop Fee for the authentication of seed lot sown (where this has not been carried out at crop inspection), per crop 7.13
(v) Fee for the official examination of crops where there has been an official post control the results of which have been unsatisfactory, per hectare or part thereof examined Fee for the official examination of crops where there has been an official post control the results of which have been unsatisfactory, per hectare or part thereof examined 16.30
C.Seed lot fees C.Seed lot fees C.Seed lot fees
Fee for issuing an official certificate or a breeder’s confirmation (other than in the circumstances described under paragraph D below) in respect of a seed lot certifying the seed to be:— Fee for issuing an official certificate or a breeder’s confirmation (other than in the circumstances described under paragraph D below) in respect of a seed lot certifying the seed to be:— Fee for issuing an official certificate or a breeder’s confirmation (other than in the circumstances described under paragraph D below) in respect of a seed lot certifying the seed to be:—
(i) of a multiplication category of a multiplication category 73.00
(ii) of a final generation category of a final generation category 30.55
D.Seed lot re-entry fee D.Seed lot re-entry fee D.Seed lot re-entry fee
Fee for issuing an official certificate or a breeder’s confirmation in respect of a seed lot where, following an application for certification of the seed to be within one particular category, that application has been withdrawn and a new application has been submitted for certification of the seed within another category, as follows: Fee for issuing an official certificate or a breeder’s confirmation in respect of a seed lot where, following an application for certification of the seed to be within one particular category, that application has been withdrawn and a new application has been submitted for certification of the seed within another category, as follows: Fee for issuing an official certificate or a breeder’s confirmation in respect of a seed lot where, following an application for certification of the seed to be within one particular category, that application has been withdrawn and a new application has been submitted for certification of the seed within another category, as follows:
(i) Pre-Basic Seed, Basic Seed, Certified Seed or Certified Seed of the First Generation Pre-Basic Seed, Basic Seed, Certified Seed or Certified Seed of the First Generation 35.00
(ii) Certified Seed of the Second Generation or Certified Seed of the Third Generation Certified Seed of the Second Generation or Certified Seed of the Third Generation 17.45
E.Sampling fees E.Sampling fees E.Sampling fees
Fee per seed lot for the 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 Fee per seed lot for the 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 Fee per seed lot for the 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 50.12
F.Official label fees F.Official label fees F.Official label fees
Fee per seed lot for the issue and printing of a:— Fee per seed lot for the issue and printing of a:— Fee per seed lot for the issue and printing of a:—
(i) Tear resistant label for breeder’s confirmation seed, Pre-Basic seed or seed for export Tear resistant label for breeder’s confirmation seed, Pre-Basic seed or seed for export 40.50
(ii) Self adhesive label for breeder’s confirmation seed, Pre-Basic seed or seed for export Self adhesive label for breeder’s confirmation seed, Pre-Basic seed or seed for export 28.00
G.OECD Certificate G.OECD Certificate G.OECD Certificate
Fee per certificate for issuing an Organisation for Economic Co-operation and Development (OECD) Certificate Fee per certificate for issuing an Organisation for Economic Co-operation and Development (OECD) Certificate Fee per certificate for issuing an Organisation for Economic Co-operation and Development (OECD) Certificate 25.00
H. Higher Voluntary Standard (HVS) H. Higher Voluntary Standard (HVS) H. Higher Voluntary Standard (HVS)
Fee per seed lot for verification that a seed lot meets the applicable Higher Voluntary Standards (HVS) Fee per seed lot for verification that a seed lot meets the applicable Higher Voluntary Standards (HVS) Fee per seed lot for verification that a seed lot meets the applicable Higher Voluntary Standards (HVS) 6.00

SCHEDULE 2 — FEES FOR MATTERS RELATING TO THE 2006 REGULATIONS

Matter Matter Matter Matter When payable Fee £
A.Representations by, and hearings of, a seed merchant, processor or packer, licensed crop inspector, licensed seed sampler or personnel pertaining to a Licensed Seed Testing Station A.Representations by, and hearings of, a seed merchant, processor or packer, licensed crop inspector, licensed seed sampler or personnel pertaining to a Licensed Seed Testing Station A.Representations by, and hearings of, a seed merchant, processor or packer, licensed crop inspector, licensed seed sampler or personnel pertaining to a Licensed Seed Testing Station A.Representations by, and hearings of, a seed merchant, processor or packer, licensed crop inspector, licensed seed sampler or personnel pertaining to a Licensed Seed Testing Station A.Representations by, and hearings of, a seed merchant, processor or packer, licensed crop inspector, licensed seed sampler or personnel pertaining to a Licensed Seed Testing Station A.Representations by, and hearings of, a seed merchant, processor or packer, licensed crop inspector, licensed seed sampler or personnel pertaining to a Licensed Seed Testing Station
(i) Fee for making written representations to the Scottish Ministers Fee for making written representations to the Scottish Ministers Fee for making written representations to the Scottish Ministers On making representations 33.95
(ii) Fee for being heard by a person appointed by the Scottish Ministers Fee for being heard by a person appointed by the Scottish Ministers Fee for being heard by a person appointed by the Scottish Ministers On applying to be heard 67.95
B.Licensed Seed Testing Stations B.Licensed Seed Testing Stations B.Licensed Seed Testing Stations B.Licensed Seed Testing Stations 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) Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year) 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 1500.00
(ii) Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed 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 7.25
C.Cereal Crop Inspection Courses and Examination C.Cereal Crop Inspection Courses and Examination C.Cereal Crop Inspection Courses and Examination C.Cereal Crop Inspection Courses and Examination C.Cereal Crop Inspection Courses and Examination C.Cereal Crop Inspection Courses and Examination
Fee for:— Fee for:— Fee for:— Fee for:— Within one month of demand by or on behalf of the Scottish Ministers
(i) Cereal Crop inspection course Cereal Crop inspection course Cereal Crop inspection course 607.00
(ii) Initial examination and compulsory re-test Initial examination and compulsory re-test Initial examination and compulsory re-test
(a) (a) all 3species groups 95.00
(b) (b) 2species 70.00
(c) (c) 1species only 35.00
D.Seed Sampling Courses and Examination D.Seed Sampling Courses and Examination D.Seed Sampling Courses and Examination D.Seed Sampling Courses and Examination D.Seed Sampling Courses and Examination D.Seed Sampling Courses and Examination
Fee for:— Fee for:— Fee for:— Fee for:— Within one month of demand by or on behalf of the Scottish Ministers
(i) (i) Tuition and examination for seed samplers licence (administrative and sampling elements) Tuition and examination for seed samplers licence (administrative and sampling elements) 400.00
(ii) (ii) Tuition and examination for seed samplers licence (administrative element only) Tuition and examination for seed samplers licence (administrative element only) 120.00
(iii) (iii) Re-examination fee for seed samplers licence with sampling function enabled Re-examination fee for seed samplers licence with sampling function enabled 35.00
(iv) (iv) Re-examination fee for seed samplers licence with sampling function not enabled Re-examination fee for seed samplers licence with sampling function not enabled 10.00
E.Seed Analyst Courses and Examination E.Seed Analyst Courses and Examination E.Seed Analyst Courses and Examination E.Seed Analyst Courses and Examination E.Seed Analyst Courses and Examination E.Seed Analyst Courses and Examination
Fee for:— Fee for:— Fee for:— Fee for:— Within one month of demand by or on behalf of the Scottish Ministers
(i) (i) Laboratory Management Course Registration Laboratory Management Course Registration 1000.00
(ii) (ii) Laboratory Management Course Attendance and Examination (per day or part thereof) Laboratory Management Course Attendance and Examination (per day or part thereof) 410.00
(iii) (iii) Analyst Course Registration Analyst Course Registration 1656.00
(iv) (iv) Analyst Course Registration - additional and retake divisions (per division) Analyst Course Registration - additional and retake divisions (per division) 161.00
(v) (v) Analyst Course Attendance (per day or part thereof) Analyst Course Attendance (per day or part thereof) 410.00
(vi) (vi) Analyst Course Examination (per day or part thereof) Analyst Course Examination (per day or part thereof) 410.00
(vii) (vii) Tetrazolium Testing Course Attendance (per day or part thereof) Tetrazolium Testing Course Attendance (per day or part thereof) 426.00
(viii) (viii) Tetrazolium Testing Course Examination (per day or part thereof) Tetrazolium Testing Course Examination (per day or part thereof) 426.00

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 22nd November 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations prescribe fees for matters relating to—

Regulation 6 provides for the reduction and repayment of fees or for payment of additional fees in respect of matters specified in paragraph A or, as the case may be, paragraphB of Schedule 1, in certain circumstances.

Regulation 7 makes provision for the Scottish Ministers to exempt any person from compliance with any provision in these Regulations relating to payment of fees.

Regulation 8 revokes the Seeds (Fees) (Scotland) Regulations 2007 and regulation 24 of the Beet Seed (Scotland) (No. 2) Regulations 2010 which amended those Regulations.

In addition to the new fees which apply to the circumstances specified in regulation6(2) and (3), the fees in Schedules 1 and 2 are changed as follows:

Current fee (£) New fee (£)
SCHEDULE 1 SCHEDULE 1 SCHEDULE 1 SCHEDULE 1 SCHEDULE 1
B. Crop inspection fees B. Crop inspection fees B. Crop inspection fees B. Crop inspection fees B. Crop inspection fees
(i) (i) Official examination of crops (other than hybrids of swede rape) (per hectare or part thereof) Official examination of crops (other than hybrids of swede rape) (per hectare or part thereof) Official examination of crops (other than hybrids of swede rape) (per hectare or part thereof) 14.25 16.30
(ii) (ii) Official field inspection of hybrids of swede rape (per hectare or part thereof) Official field inspection of hybrids of swede rape (per hectare or part thereof) Official field inspection of hybrids of swede rape (per hectare or part thereof) 48.90
(iii) (iii) Further official examination of crops (per hectare or part thereof), other than— Further official examination of crops (per hectare or part thereof), other than— Further official examination of crops (per hectare or part thereof), other than— 14.25 16.30
(a) (a) Further official examination of crops for wild oats 7.15 7.96
(b) (b) Further official examination of crops in respect of isolation distance 2.85 3.17
(c) (c) Further official examination of crops which have been lodged 7.13
(iv) (iv) Authentication of seed lot sown (per crop) Authentication of seed lot sown (per crop) Authentication of seed lot sown (per crop) 6.40 7.13
(v) (v) Official examination of crops following an unsatisfactory post control (per hectare or part thereof) Official examination of crops following an unsatisfactory post control (per hectare or part thereof) Official examination of crops following an unsatisfactory post control (per hectare or part thereof) 16.30
E. Sampling fees E. Sampling fees E. Sampling fees E. Sampling fees E. Sampling fees
Fee for sampling or re-sampling of seed lots or imported seed intended for further multiplication (per seed lot) Fee for sampling or re-sampling of seed lots or imported seed intended for further multiplication (per seed lot) Fee for sampling or re-sampling of seed lots or imported seed intended for further multiplication (per seed lot) Fee for sampling or re-sampling of seed lots or imported seed intended for further multiplication (per seed lot) Fee for sampling or re-sampling of seed lots or imported seed intended for further multiplication (per seed lot) 48.90 50.12
H. Higher voluntary standard (HVS) H. Higher voluntary standard (HVS) H. Higher voluntary standard (HVS) H. Higher voluntary standard (HVS) H. Higher voluntary standard (HVS)
Fee for verification that a seed lot meets the applicable HVS (per seed lot) Fee for verification that a seed lot meets the applicable HVS (per seed lot) Fee for verification that a seed lot meets the applicable HVS (per seed lot) Fee for verification that a seed lot meets the applicable HVS (per seed lot) Fee for verification that a seed lot meets the applicable HVS (per seed lot) 6.00
SCHEDULE 2 SCHEDULE 2 SCHEDULE 2 SCHEDULE 2 SCHEDULE 2
B. Licensed Seed Testing Stations B. Licensed Seed Testing Stations B. Licensed Seed Testing Stations B. Licensed Seed Testing Stations B. Licensed Seed Testing Stations
(i) Fee for official examination of seeds Fee for official examination of seeds Fee for official examination of seeds Fee for official examination of seeds 5.25 7.25
C. Cereal Crop inspection courses and examination C. Cereal Crop inspection courses and examination C. Cereal Crop inspection courses and examination C. Cereal Crop inspection courses and examination C. Cereal Crop inspection courses and examination
(i) Cereal Crop inspection course Cereal Crop inspection course Cereal Crop inspection course Cereal Crop inspection course 570.00 607.00
(ii) Initial examination and compulsory re-test Initial examination and compulsory re-test Initial examination and compulsory re-test Initial examination and compulsory re-test
(a) (a) All 3 species group All 3 species group 95.00
(b) (b) 2 species 2 species 70.00
(c) (c) 1 species only 1 species only 25.00 35.00
Theory only Theory only Theory only Theory only 25.00
D. Seed sampling courses and examination D. Seed sampling courses and examination D. Seed sampling courses and examination D. Seed sampling courses and examination D. Seed sampling courses and examination
(i) Re-examination fee for seed samplers licence (with sampling function enabled) Re-examination fee for seed samplers licence (with sampling function enabled) Re-examination fee for seed samplers licence (with sampling function enabled) Re-examination fee for seed samplers licence (with sampling function enabled) 35.00
(iv) Re-examination fee for seed samplers licence (with sampling function not enabled) Re-examination fee for seed samplers licence (with sampling function not enabled) Re-examination fee for seed samplers licence (with sampling function not enabled) Re-examination fee for seed samplers licence (with sampling function not enabled) 10.00
E. Seed analyst courses and examination E. Seed analyst courses and examination E. Seed analyst courses and examination E. Seed analyst courses and examination E. Seed analyst courses and examination
(i) Laboratory management course registration Laboratory management course registration Laboratory management course registration Laboratory management course registration 504.00 1,000.00
(ii) Laboratory management course attendance and examination Laboratory management course attendance and examination Laboratory management course attendance and examination Laboratory management course attendance and examination 1210.00 (3 days) 410.00 (per day)
(iii) Analyst course registration Analyst course registration Analyst course registration Analyst course registration 1344.00 1656.00
(iv) Analyst course registration additional and re-take divisions (per division) Analyst course registration additional and re-take divisions (per division) Analyst course registration additional and re-take divisions (per division) Analyst course registration additional and re-take divisions (per division) 141.00 161.00
(v) Analyst course attendance (per day or part thereof) Analyst course attendance (per day or part thereof) Analyst course attendance (per day or part thereof) Analyst course attendance (per day or part thereof) 380.00 410.00
(vi) Analyst course examination (per day or part thereof) Analyst course examination (per day or part thereof) Analyst course examination (per day or part thereof) Analyst course examination (per day or part thereof) 410.00
NB The fee for the Tetrazolium testing course attendance and examination is now levied on a daily basis for all species. NB The fee for the Tetrazolium testing course attendance and examination is now levied on a daily basis for all species. NB The fee for the Tetrazolium testing course attendance and examination is now levied on a daily basis for all species. NB The fee for the Tetrazolium testing course attendance and examination is now levied on a daily basis for all species. NB The fee for the Tetrazolium testing course attendance and examination is now levied on a daily basis for all species.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it can be obtained from the Scottish Government Rural and Environment Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.

Footnotes

[^f00001]: 1964 c.14. Section16(1) was amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section4(1) and Schedule4, paragraph5(1) and (2). Section 16(1A) was inserted by the 1972 Act, section 4(1) and Schedule 4, paragraph5(1) and (2). See section38(1) for the definition of “the Minister”. The functions of the Secretary of State insofar as within devolved competence were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: S.S.I.2006/313, as amended by S.S.I.2007/536 and S.I.2011/1043.

[^f00003]: S.I.1993/2008; as amended in relation to Scotland by S.I.1996/1452, 1997/616, 1999/1863, S.S.I.2000/250, S.I.2001/3510, S.S.I.2007/305, S.S.I.2010/219 and S.S.I.2010/425.

[^f00004]: S.S.I.2004/317, amended by S.S.I. 2006/313, 2007/224 and 536, 2009/223 and 2010/219.

[^f00005]: S.S.I.2005/328, amended by S.S.I.2006/313 and 448, 2007/224 and 536, 2009/223 and 2010/219.

[^f00006]: S.S.I.2005/329, amended by S.S.I.2006/313 and 448, 2007/224 and 536, 2009/233 and 330, and 2010/219.

[^f00008]: S.S.I.2007/536, amended by S.S.I.2010/148.

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