LegalizeThe Seed (Fees) (Scotland) Regulations 2016
Made: 2nd February 2016
Laid before the Scottish Parliament: 4th February 2016
Coming into force: 1st July 2016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Citation, commencement and extent
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees for matters set out in Schedule 1
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees for matters set out in Schedule 2
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemptions
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocations
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1 — FEES FOR MATTERS RELATING TO THE SEED MARKETING REGULATIONS
| Matter | Fee £ |
|---|---|
| A. Initial fees | A. Initial fees |
| (i) Initial fee per hectare or part thereof, except where sub-paragraph (ii) applies, for applications in respect of crops intended to produce:— | |
| Pre-basic Seed or Basic Seed | 29.60 |
| Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation | 4.25 |
| (ii) Reduced initial fee per hectare or part thereof for applications referred to in sub-paragraph (i)(a) or (b) which are withdrawn before arrangements have been made for the purposes of an official examination. | 2.75 |
| (iii) Late application fee per crop payable in addition to initial fee under sub-paragraph (i)(a) or (b) where application is not made by the date for enabling arrangements to be made for an official examination of a crop grown to produce seed of a species to which any instrument comprising the Seed Marketing Regulations apply. | 29.00 |
| 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. | 18.80 |
| (ii) Fee for the official field inspection of a hybrid of swede rape, per hectare or part thereof examined. | 56.40 |
| (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:— | 18.80 |
| further official examination of crops for wild oats, per hectare or part thereof examined | 8.65 |
| further official examination of crops in respect of isolation distance, per hectare or part thereof examined | 3.40 |
| further official examination of crops which have been lodged, per hectare or part thereof examined | 7.65 |
| (iv) Fee for the authentication of seed lot sown (where this has not been carried out at crop inspection), per crop. | 7.65 |
| (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. | 18.80 |
| (vi) Fee payable in addition to fee under sub-paragraph (i) to (v) above where arrangements have been made for an official examination to be carried out by a licensed crop inspector and the applicant subsequently requests that the examination be carried out instead by the Scottish Ministers. | 29.00 |
| 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:— | |
| of a multiplication category | 85.00 |
| of a final generation category | 33.00 |
| 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:— | |
| Pre-basic Seed, Basic Seed, Certified Seed or Certified Seed of the First Generation | 35.00 |
| Certified Seed of the Second Generation or Certified Seed of the Third Generation | 17.45 |
| 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. | 50.12 |
| F. Official label fees | F. Official label fees |
| Fee per seed lot for the issue and printing of a:— | |
| tear resistant label for Pre-basic Seed, seeds for export or seeds following the issue of a breeder’s confirmation | 40.50 |
| self adhesive label for Pre-basic Seed, seeds for export or seeds following the issue of a breeder’s confirmation | 28.00 |
| G. OECD Certificate | G. OECD Certificate |
| Fee per certificate for issuing an Organisation for Economic Co-operation and Development (OECD) Certificate. | 25.00 |
| H. Higher Voluntary Standards (HVS) | H. Higher Voluntary Standards (HVS) |
| Fee per seed lot for verification that a seed lot meets the applicable Higher Voluntary Standards (HVS). | 7.00 |
SCHEDULE 2 — FEES FOR MATTERS RELATING TO THE 2016 REGULATIONS
| Matter | When payable | Fee £ |
|---|---|---|
| A. Representations by, and hearings of, a licensed professional seed operator, licensed crop inspector, licensed seed sampler or personnel pertaining to a licensed seed testing station | A. Representations by, and hearings of, a licensed professional seed operator, licensed crop inspector, licensed seed sampler or personnel pertaining to a licensed seed testing station | A. Representations by, and hearings of, a licensed professional seed operator, 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 | On making representations | 33.95 |
| (ii) 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 |
| (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 | 1650.00 |
| (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 | 7.63 |
| C. Cereal crop inspection courses and examination | C. Cereal crop inspection courses and examination | C. Cereal crop inspection courses and examination |
| Fee for:— | Within one month of demand by or on behalf of the Scottish Ministers | |
| (i) Cereal crop inspection course | 618.00 | |
| (ii) Initial examination and compulsory retest— | ||
| all 3 species groups | 96.70 | |
| 2 species | 71.20 | |
| 1 species only | 35.60 | |
| D. Seed sampling courses and examination | D. Seed sampling courses and examination | D. Seed sampling courses and examination |
| Fee for:— | Within one month of demand by or on behalf of the Scottish Ministers | |
| Tuition and examination for seed samplers licence (administrative and sampling elements) | 415.00 | |
| Tuition and examination for seed samplers licence (administrative element only) | 124.50 | |
| Re-examination fee for seed samplers licence with sampling function enabled | 36.30 | |
| Re-examination fee for seed samplers licence with sampling function not enabled | 10.40 | |
| E. Seed analyst courses and examination | E. Seed analyst courses and examination | E. Seed analyst courses and examination |
| Fee for:— | Within one month of demand by or on behalf of the Scottish Ministers | |
| Laboratory management course registration | 1093.00 | |
| Laboratory management course attendance and examination (per day or part thereof) | 412.00 | |
| Analyst course registration | 1809.00 | |
| Analyst course registration – additional and retake divisions (per division) | 176.00 | |
| Analyst course attendance (per day or part thereof. Number of days depends on division) | 412.00 | |
| Analyst course examination (per day or part thereof) | 412.00 | |
| Tetrazolium testing course attendance (per day or part thereof) | 426.00 | |
| Tetrazolium testing course examination (per day or part thereof) | 426.00 |
Signed
RICHARD LOCHHEAD — A member of the Scottish Government — 2nd February 2016
Explanatory note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Footnotes
[^f00001]: 1964 c.14. Section 16(1) was amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section 4(1) and Schedule 4, paragraph 5(1) and (2). Section 16(1A) was inserted by the 1972 Act, section 4(1) and Schedule 4, paragraph 5(1) and (2). See section 38(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 section 53 of the Scotland Act 1998 (c.46).
[^f00002]: S.S.I. 2016/68.
[^f00003]: S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043 and S.S.I. 2013/326.
[^f00004]: S.S.I. 2004/317, amended by S.S.I. 2006/313, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219 and S.S.I. 2016/68.
[^f00005]: S.S.I. 2005/328, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219 and S.S.I. 2016/68.
[^f00006]: S.S.I. 2005/329, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2009/330, S.S.I. 2010/219, S.S.I. 2012/5, S.S.I. 2013/326 and S.S.I. 2016/68.
[^f00007]: S.S.I. 2010/148, as amended by S.S.I. 2011/413 and S.S.I. 2016/68.
[^f00008]: S.S.I. 2014/167.
Editorial notes
[^key-7ad2afe9642740f73b4cbf78cc9fe6fc]: Regulations revoked (1.7.2017) by The Seed (Fees etc.) (Scotland) Regulations 2017 (S.S.I. 2017/179), regs. 1, 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.