OpenLegislation

The Seed (Fees etc.) (Scotland) Regulations 2017

S.S.I. 2017/179 · Made 30 May 2017 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 July 2018.

Seeds

Made 30th May 2017

Laid before the Scottish Parliament 1st June 2017

Coming into force 1st July 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (3)(i), (5)(a) and 36 of the Plant Varieties and Seeds Act 1964f1 and all other powers enabling them to do so.

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

Annotations to the whole text

Footnotes

f1

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).

Contents

  1. 1Citation, commencement and extent
  2. 2Citation, commencement and extent
  3. 3Interpretation
  4. 4Fees for matters set out in schedule 1 Repealed
  5. 5Fees for matters set out in schedule 2 Repealed
  6. 6Exemptions Repealed
  7. 7Revocations Repealed
  8. 8Amendment of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016
  9. Signature
  10. Schedule 1FEES FOR MATTERS RELATING TO THE SEED MARKETING REGULATIONS Repealed
  11. Schedule 2FEES FOR MATTERS RELATING TO THE 2016 REGULATIONS Repealed
  12. Explanatory note

1Citation, commencement and extentI1

These Regulations may be cited as the Seed (Fees etc.) (Scotland) Regulations 2017 and come into force on 1st July 2017.

2Citation, commencement and extentI1

These Regulations extend to Scotland only.

3InterpretationI1

(1)

In these Regulations—

  • “the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016f1;

  • F1...

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Fees for matters set out in schedule 1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Fees for matters set out in schedule 2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6ExemptionsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7RevocationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Amendment of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016I1

In regulation 15(2) (right to make representations) of the 2016 Regulations f1, for “the person refused a licence” substitute “the person who applied for a licence under regulation 3”.

Signature

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

30th May 2017

Schedule 1FEES FOR MATTERS RELATING TO THE SEED MARKETING REGULATIONSF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 2FEES FOR MATTERS RELATING TO THE 2016 REGULATIONSF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe fees for matters relating to—

  • the Vegetable Seeds Regulations 1993, the Oil And Fibre Plant Seed (Scotland) Regulations 2004, the Cereal Seed (Scotland) Regulations 2005, the Fodder Plant Seed (Scotland) Regulations 2005 and the Beet Seed (Scotland) (No. 2) Regulations 2010 (regulation 4 and schedule 1); and

  • the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (regulation 5 and schedule 2).

Regulation 6 makes provision for the Scottish Ministers to exempt any person from compliance with any provision in these Regulations relating to payment of fees.

Regulation 7 revokes the Seed (Fees) (Scotland) Regulations 2016 (“the 2016 Regulations”).

The changes to the fees in schedules 1 and 2 from those in the 2016 Regulations are as follows:

Current fee

(£)

New fee

(£)
SCHEDULE 1
A. Initial Fees
(i) Initial fee per hectare or part thereof for crops intended to produce:-
  1. (a)

    Pre-Basic Seed or Basic Seed (for applications other than online applications)

29.6030.13
  1. (b)

    Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation (for applications other than online applications)

4.254.33
  1. (i)

    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 purpose of an official examination.

2.752.80
  1. (ii)

    Late application fee per crop payable in addition to initial fee under sub-paragraph (i)(a) or (b)

29.0029.52
  1. (iii)

    Official examination of crops intended other than hybrids of swede rape (per hectare or part thereof).

18.8019.14
  1. (iv)

    Official field inspection of hybrids of swede rape (per hectare or part thereof).

56.4057.42
  1. (v)

    Further official examination of crops (per hectare or part thereof) except:-

18.8019.14
  1. (a)

    further official examination of crops for wild oats

8.658.81
  1. (b)

    further official examination of crops in respect of isolation distance

3.403.46
  1. (c)

    further official examination of crops which have been lodged

7.657.79
  1. (i)

    Authentication of seed lot sown (per crop)

7.657.79
  1. (ii)

    Official examination of crops following an unsatisfactory official post control (per hectare or part thereof)

18.8019.14
  1. (iii)

    Additional fee payable for official examinations to be carried out by the Scottish Ministers instead of licensed crop inspectors

29.0029.52
C. Seed lot fee
Issuing an official certificate or a breeder’s confirmation (except where paragraph D applies) in respect of a seed lot certifying the seed lot to be:-
  1. (i)

    of a multiplication category (for applications other than online applications)

85.0086.53
  1. (ii)

    of a final generation category (for applications other than online applications)

33.0033.59
D. Seed lot re-entry fee
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:
  1. (i)

    Pre-Basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation

35.0035.63
  1. (ii)

    Certified Seed of the Second Generation or Certified Seed of the Third Generation

17.4517.76
E. Sampling fees
Sampling or re sampling of a seed lot for the purposes of an official examination, and for sampling or resampling imported seed intended for further multiplication50.1251.02
F. Official label fee
Fee per seed lot for the issue and printing of a:-
  1. (i)

    Tear resistant label for breeder’s confirmation seed, Pre-Basic Seed or seed for export

40.5041.23
  1. (ii)

    Self-adhesive label for breeder’s confirmation seed, Pre-Basic Seed or seed for export

28.0028.50
G. OECD Certificate
Issuing an Organisation for Economic Co-operation and Development (OECD) Certificate25.0025.45
H. Higher Voluntary Standard
Verifying that a seed lot meets applicable higher voluntary standards (per seed lot)7.007.13
SCHEDULE 2
B. Licensed seed testing stations
Official examination of seed7.637.50
C. Cereal crop inspection courses and examination
  1. (i)

    Cereal crop inspection course

618.00629.12
  1. (ii)

    Initial examination and compulsory re-test:

(a)all 3 species groups96.7098.44
(b)2 species71.2072.48
(c)1 species only35.6036.24
D. Seed sampling courses and examination
  1. (i)

    Tuition and examination for seed samplers licence (administrative and sampling elements)

415.00422.47
  1. (ii)

    Tuition and examination for seed samplers licence (administrative element only)

124.50126.74
  1. (iii)

    Re-examination fee for seed samplers licence (with sampling function enabled)

36.3036.95
  1. (iv)

    Re-examination fee for seed samplers licence (with sampling function not enabled)

10.4010.59
E. Seed analyst courses and examination
  1. (i)

    Laboratory management course registration

1093.001,112.67
  1. (ii)

    Laboratory management course attendance and examination (per day or part thereof)

412.00419.42
  1. (iii)

    Analyst course registration

1809.001,841.56
  1. (iv)

    Analyst course registration – additional and retake divisions (per division)

176.00179.17
  1. (v)

    Analyst course attendance (per day or part thereof)

412.00419.42
  1. (vi)

    Analyst course examination (per day or part thereof)

412.00419.42
  1. (vii)

    Tetrazolium testing course attendance (per day or part thereof)

426.00433.67
  1. (viii)

    Tetrazolium testing examination (per day or part thereof)

426.00433.67

Regulation 8 amends regulation 15(2) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 to correct a drafting error and to fulfil a commitment to the Scottish Parliament to do so.

A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies of it may be obtained from the Scottish Government Agriculture and Rural Economy Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD and online at www.legislation.gov.uk.