The Seeds (Fees) (Amendment) (England) Regulations 2000
S.I. 2000/1542 · Made 7 June 2000
SEEDS, ENGLAND
Made 7th June 2000
Laid before Parliament 12th June 2000
Coming into force 7th July 2000
The Minister of Agriculture, Fisheries and Food, in relation to England, in exercise of the powers conferred by sections 16(1) and (1A)(e) and 36 of the Plant Varieties and Seeds Act 1964f1, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to him to be concerned, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
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); see section 38(1) (as amended by S.I. 1978/272) for a definition of “the Minister”. Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.
Contents
- 1Title, extent and commencement
- 2Amendment
- Signature
- Schedule PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985
- Explanatory note
1Title, extent and commencement
These Regulations may be cited as the Seeds (Fees) (Amendment) (England) Regulations 2000, shall extend to England and shall come into force on 7th July 2000.
2Amendment
For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985f1 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Signature
HAYMAN
Minister of State Ministry of Agriculture, Fisheries and Food
7th June 2000
PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985
“SCHEDULE 1
MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993f1
Regulation 3
(1) (2) (3) Matter When payable Fee Old fee £ £f2 A. Initial fees Initial fee per hectare or part thereof for crops intended to produce:
- (i)
pre-basic or basic seed
On application for registration 25.85 (24.60) (ii)certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
6.50 (6.20) (iii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
5.80 (5.50) B. Crop inspections Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined. On application 12.90 (12.30) Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined. On application 12.90 (—) C. Seed lot fee Fee for the issue of an official certificate (other than in the circumstances described under F. below) in respect of a seed lot entered as:—
- (i)
breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize
On application 42.70 (40.65) (ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
21.30 (20.30) D. 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) Within one month of demand by or on behalf of the appropriate Minister 37.50 (35.70) E. Fees for additional tests Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley Within one month of demand by or on behalf of the appropriate Minister 44.00 (41.90) F. Seed lot re-entry fee Fee for the issue of an official certificate in respect of a seed lot which has entered for one category and has been withdrawn and is being re-entered as:—
- (i)
pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
On application 29.85 (28.45) (ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
14.90 (14.20) SCHEDULE 2
MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993f3
Regulation 3
(1) (2) (3) Matter When payable Fee Old fee £ £f4 A. Initial fees Initial fee per hectare or part thereof for crops intended to produce:
- (i)
pre-basic or basic seed of—
- (a)
grasses, legumes (except field beans and field peas) and crucifers
On application for registration 19.45 (18.50) (b)field beans and field peas
16.80 (16.00) (ii)certified seed of grasses, legumes (except field beans and field peas) and crucifers
9.10 (8.65) (iii)certified seed of the first and second generation of field beans and field peas
7.75 (7.40) B. Crop inspection fee Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape). On application 12.90 (12.30) Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or the equivalent list in another Member State) intended to produce certified seed of grasses, legumes (except field beans and field peas) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas per hectare or part thereof examined. On application 12.90 (—) 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 of—
- (a)
grasses, legumes (except field beans and field peas) and crucifers
On application 34.95 (33.30) (b)field beans and field peas
56.90 (54.20) (ii)pre-basic or basic seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
66.00 (62.85) (b)field beans and field peas
56.90 (54.20) (iii)certified seed of grasses, legumes (except field beans and field peas) and crucifers
66.00 (62.85) (iv)certified seed of the first and second generation of field beans and field peas
53.05 (50.50) (v)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993
58.20 (55.45) 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 or basic seed of—
- (a)
grasses, legumes (except field beans and field peas) and crucifers
On application 46.20 (44.00) (b)field beans and peas
39.85 (37.95) (ii)certified seed of grasses, legumes (except field beans and field peas) and crucifers
46.20 (44.00) (iii)certified seed of the first and second generation of field beans and peas
37.10 (35.35) (iv)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993
40.75 (38.80) SCHEDULE 3
MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993f5
Regulation 3
(1) (2) (3) Matter When payable Fee Old fee £ £f6 A. Initial fees Initial fee per hectare or part thereof for crops intended to produce:
- (i)
pre-basic or basic seed
On application for registration 28.50 (27.15) (ii)all other categories of seed
13.60 (12.95) B. Crop inspection fees Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined. On application 12.90 (12.30) Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce 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. On application 12.90 (—) C. Seed lot fee Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as:—
- (i)
breeder's, pre-basic or basic seed
On application 51.75 (49.30) (ii)all other categories of seed
51.75 (49.30) D. Seed testing fees Fees for an official examination of seed for:—
- (i)
sunflower for Botrytis spp
Within one month of demand by or on behalf of the appropriate Minister 43.95 (41.85) (ii)flax and linseed for:—
(a)Alternaria spp
(b)Phoma exiqua var. linicola
(c)Colletotrichum lini
(d)Fusarium spp
(e)Botrytis spp
36.15 (34.45) (iii)soya bean for Pseudomonas syringae pv. glycinea spp
for one sub-sample test
63.00 60.00
for five sub-sample tests
210.00 (200.00) (iv)soya bean for Diaporthe phaselorum spp
39.40 (37.50) E. 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 in any category On application 36.25 (34.50) SCHEDULE 4
MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993f7
Regulation 3
(1) (2) (3) Matter When payable Fee Old fee £ £f8 A. Initial fees Initial fee per hectare or part thereof for crops intended to produce:
- (i)
pre-basic or basic seed
On application for registration 33.65 (32.05) (ii)certified seed
15.55 (14.80) B. Crop inspection fees Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed per hectare or part thereof examined On application 12.90 (12.30) Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined. On application 12.90 (—) 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 or basic seed
On application 63.40 (60.40) (ii)certified seed
62.05 (59.10) 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 or basic seed
On application 44.40 (42.30) (ii)certified seed
43.45 (41.40) SCHEDULE 5
MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993f9
Regulation 3
(1) (2) (3) Matter When payable Fee Old fee £ £f10 A. Initial fees Initial fee for crops intended to produce:
- (i)
pre-basic or basic seed of—
- (a)
all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
On application for registration 45.25 (43.10) (b)peas and broad beans per hectare or part thereof entered
28.50 (27.15) (c)cucumber, gherkin and tomato, per crop entered
45.25 (43.10) (ii)certified seed of—
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
24.50 (23.35) (b)peas and broad beans per hectare or part thereof entered
11.65 (11.10) (c)cucumber, gherkin and tomato, per crop entered
24.50 (23.35) B. Crop inspection fees Fee for official examination or re-examination of crops intended to produce:
- (i)
A(i)(a) or (b) above, per hectare or part thereof examined
On application 12.90 (12.30) (ii)A(i)(c) above, per crop examined
12.90 (12.30) Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce:
- (i)
A(ii)(a) or (b) above, per hectare or part thereof examined
On application 12.90 (—) (ii)A(ii)(c) above, per crop examined
12.90 (—) 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 On application 103.50 (98.55) 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 in any category On application 72.45 (69.00) SCHEDULE 6
MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATION 1985f11
Regulation 3
(1) (2) (3) Matter When payable Fee Old fee £ £f12 A. Representations by, and hearings of, a seed merchant, processor or packer (i)Fee for making written representations to the Minister
On making representations 32.35 (30.80) (ii)Fee for being heard by a person appointed by the Minister
On applying to be heard 64.70 (61.60) 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 the Minister, annually in advance 2,135.00 (2,033.00) (ii)Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed
Within one month of demand by the Minister, annually in arrears 9.20 (8.75) C. Examination fees (i)Examination for crop inspector in respect of
cereals,
field beans, field peas and pulses,
or
grasses and herbage legumes.
- (a)
examination
Before the examination 149.95 (142.80) (b)re-sit of examination (other than cereals)
Before the examination 149.95 (142.80) (c)re-sit of either part of cereals examination
Before the examination 74.95 (71.40) (d)re-test
Before the examination 74.95 (71.40) (ii)Examination for crop inspector in respect of
sugar beet, or
fodder and oil crucifers; turnips; fodder beet and mangels; flax and linseed; soya bean,
- (a)
examination
Before the examination 93.70 (89.25) (b)re-sit of examination
Before the examination 93.70 (89.25) (c)re-test
Before the examination 74.95 (71.40) (iii)Examination for seed sampler
Before the examination 93.70 (89.25) ”
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Seeds (Fees) Regulations 1985 (as amended). They 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 amd 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 2).
The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which are chargeable before these Regulations came into force are printed in italics besides the revised fees. New fees have been introduced for crop examinations of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed for the third generation.
All fees have been increased by 5 per cent. rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations which has been rounded to the nearest £1.
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.