The Seeds (Fees) (Amendment) Regulations 1997

S.I. 1997/1415 · Made 4 June 1997

SEEDS

Made 4th June 1997

Laid before Parliament 6th June 1997

Coming into force 1st July 1997

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964^f1 and of all other powers enabling them in that behalf, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make 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 Ministers”.

1Title and commencement
2Amendment
Signature
Schedule PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985
Explanatory note

1Title and commencement

These Regulations may be cited as the Seeds (Fees) (Amendment) Regulations 1997 and shall come into force on 1st July 1997.

2Amendment

For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985^f1 there shall be substituted the Schedules set out in the Schedule to these Regulations.

Signature

Lord Donoughue

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

2nd June 1997

Sewel

Parliamentary Under Secretary of State, Scottish Office

3rd June 1997

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

4th June 1997

PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985

“SCHEDULE 1

MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993^f1

Regulation 3

(1) (2) (3)
Matter When payable 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 22.35 (21.80)
(ii)

certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

5.60 (5.45)
(iii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

5.00 (4.90)
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 11.15 (10.90)
C. Seed lot fee

Fee for the issue of an official certificate 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 36.85 (35.95)
(ii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

18.45 (18.00)
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 32.40 (31.60)
E. Fees for additional tests
Fee for 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 38.00 (37.05)

SCHEDULE 2

MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993^f3

Regulation 3

(1) (2) (3)
Matter When payable 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 16.75 (16.35)
(b)

field beans and field peas

14.50 (14.15)
(ii)

certified seed of grasses, legumes (except field beans and field peas) and crucifers

7.85 (7.65)
(iii)

certified seed of the first and second generation of field beans and field peas

6.70 (6.55)
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 11.15 (10.90)
C. Seed lot fee

Fee for the issue of an official certificate 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 30.20 (29.45)
(b)

field beans and field peas

49.15 (47.95)
(ii)

pre-basic or basic seed of—

(a)

grasses, legumes (except field beans and field peas) and crucifers

57.00 (55.60)
(b)

field beans and field peas

49.15 (47.95)
(iii)

certified seed of grasses, legumes (except field beans and field peas) and crucifers

57.00 (55.60)
(iv)

certified seed of the first and second generation of field beans and field peas

45.80 (44.70)
(v)

commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993

50.30 (49.05)

SCHEDULE 3

MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993^f5

Regulation 3

(1) (2) (3)
Matter When payable 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 24.60 (24.00)
(ii)

all other categories of seed

11.75 (11.45)
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 11.15 (10.90)
C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered as:—

(i)

breeder's, pre-basic or basic seed

On application 44.70 (43.60)
(ii)

all other categories of seed

44.70 (43.60)
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 37.95 (37.05)
(ii)

flax and linseed for:—

(a)

Alternaria spp

(b)

Phoma exiqua var. linicola

(c)

Colletotrichum lini

(d)

Fusarium spp

(e)

Botrytis spp

31.25 (30.50)

SCHEDULE 4

MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993^f7

Regulation 3

(1) (2) (3)
Matter When payable 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 29.05 (28.35)
(ii)

certified seed

13.45 (13.10)
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 11.15 (10.90)
C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered as:—

(i)

pre-basic or basic seed

On application 54.75 (53.40)
(ii)

certified seed

53.60 (52.30)

SCHEDULE 5

MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993^f9

Regulation 3

(1) (2) (3)
Matter When payable Fee
£ £^f10

A. Initial fees

Initial fee for crops intended to produce:

(i)

pre-basic or basic seed of—

On application for registration
(a)

all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

39.10 (38.15)
(b)

peas and broad beans per hectare or part thereof entered

24.60 (24.00)
(c)

cucumber, gherkin and tomato, per crop entered

39.10 (38.15)
(ii)

certified seed of—

(a)

all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

21.20 (20.70)
(b)

peas and broad beans per hectare or part thereof entered

10.05 (9.80)
(c)

cucumber, gherkin and tomato, per crop entered

21.20 (20.70)
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 11.15 (10.90)
(ii)

A(i)(c) above, per crop examined

11.15 (10.90)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered On application 89.40 (87.20)

SCHEDULE 6

MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985^f11

Regulation 3

(1) (2) (3)
Matter When payable Fee
£ £^f12

A. Representations by, and hearings of, aseed merchant, processor or packer
(i)

Fee for making written representations to the Minister

On making representations 27.95 (27.25)
(ii)

Fee for being heard by a person appointed by the Minister

On applying to be heard 55.85 (54.50)
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 1,844.00 (1,799.00)
(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 4.45 (4.35)

”

(1)	(2)	(3)
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	22.35	(21.80)
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		5.60	(5.45)
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		5.00	(4.90)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate 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	36.85	(35.95)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		18.45	(18.00)
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	32.40	(31.60)
E. *Fees for additional tests*
Fee for 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	38.00	(37.05)

(1)	(2)	(3)
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	16.75	(16.35)
(b) field beans and field peas		14.50	(14.15)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		7.85	(7.65)
(iii) certified seed of the first and second generation of field beans and field peas		6.70	(6.55)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate 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	30.20	(29.45)
(b) field beans and field peas		49.15	(47.95)
(ii) pre-basic or basic seed of— (a) grasses, legumes (except field beans and field peas) and crucifers		57.00	(55.60)
(b) field beans and field peas		49.15	(47.95)
(iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		57.00	(55.60)
(iv) certified seed of the first and second generation of field beans and field peas		45.80	(44.70)
(v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993		50.30	(49.05)

(1)	(2)	(3)
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	24.60	(24.00)
(ii) all other categories of seed		11.75	(11.45)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate in respect of a seed lot entered as:— (i) breeder's, pre-basic or basic seed	On application	44.70	(43.60)
(ii) all other categories of seed		44.70	(43.60)
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	37.95	(37.05)
(ii) flax and linseed for:— (a) Alternaria spp (b) Phoma exiqua var. linicola (c) Colletotrichum lini
(d) Fusarium spp (e) Botrytis spp		31.25	(30.50)

(1)	(2)	(3)
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	29.05	(28.35)
(ii) certified seed		13.45	(13.10)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate in respect of a seed lot entered as:— (i) pre-basic or basic seed	On application	54.75	(53.40)
(ii) certified seed		53.60	(52.30)

(1)	(2)	(3)
A. *Initial fees*
Initial fee for crops intended to produce: (i) pre-basic or basic seed of—	On application for registration (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered	39.10	(38.15)
(b) peas and broad beans per hectare or part thereof entered		24.60	(24.00)
(c) cucumber, gherkin and tomato, per crop entered		39.10	(38.15)
(ii) certified seed of— (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered	21.20	(20.70)
(b) peas and broad beans per hectare or part thereof entered		10.05	(9.80)
(c) cucumber, gherkin and tomato, per crop entered		21.20	(20.70)
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	11.15	(10.90)
(ii) A(i)(c) above, per crop examined		11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate in respect of a seed lot entered	On application	89.40	(87.20)

(1)	(2)	(3)
A. *Representations by, and hearings of, aseed merchant, processor or packer*
(i) Fee for making written representations to the Minister	On making representations	27.95	(27.25)
(ii) Fee for being heard by a person appointed by the Minister	On applying to be heard	55.85	(54.50)
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	1,844.00	(1,799.00)
(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	4.45	(4.35)

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st July 1997, 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 and 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 were chargeable before these Regulations came into force are printed in italics beside the revised fees.

A uniform increase of 2.5% has been applied to all fees and has been 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 Compliance Cost Assessment has been prepared and placed in the libraries of both Houses 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.

(1)	(2)	(3)
Matter	When payable	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	22.35	(21.80)
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		5.60	(5.45)
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		5.00	(4.90)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate 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	36.85	(35.95)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		18.45	(18.00)
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	32.40	(31.60)
E. *Fees for additional tests*
Fee for 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	38.00	(37.05)

(1)	(2)	(3)
Matter	When payable	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	16.75	(16.35)
(b) field beans and field peas		14.50	(14.15)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		7.85	(7.65)
(iii) certified seed of the first and second generation of field beans and field peas		6.70	(6.55)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate 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	30.20	(29.45)
(b) field beans and field peas		49.15	(47.95)
(ii) pre-basic or basic seed of— (a) grasses, legumes (except field beans and field peas) and crucifers		57.00	(55.60)
(b) field beans and field peas		49.15	(47.95)
(iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		57.00	(55.60)
(iv) certified seed of the first and second generation of field beans and field peas		45.80	(44.70)
(v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993		50.30	(49.05)

(1)	(2)	(3)
Matter	When payable	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	24.60	(24.00)
(ii) all other categories of seed		11.75	(11.45)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate in respect of a seed lot entered as:— (i) breeder's, pre-basic or basic seed	On application	44.70	(43.60)
(ii) all other categories of seed		44.70	(43.60)
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	37.95	(37.05)
(ii) flax and linseed for:— (a) Alternaria spp (b) Phoma exiqua var. linicola (c) Colletotrichum lini
(d) Fusarium spp (e) Botrytis spp		31.25	(30.50)

(1)	(2)	(3)
Matter	When payable	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	29.05	(28.35)
(ii) certified seed		13.45	(13.10)
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	11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate in respect of a seed lot entered as:— (i) pre-basic or basic seed	On application	54.75	(53.40)
(ii) certified seed		53.60	(52.30)

(1)	(2)	(3)
Matter	When payable	Fee
		£	£^f10
A. *Initial fees*
Initial fee for crops intended to produce: (i) pre-basic or basic seed of—	On application for registration (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered	39.10	(38.15)
(b) peas and broad beans per hectare or part thereof entered		24.60	(24.00)
(c) cucumber, gherkin and tomato, per crop entered		39.10	(38.15)
(ii) certified seed of— (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered	21.20	(20.70)
(b) peas and broad beans per hectare or part thereof entered		10.05	(9.80)
(c) cucumber, gherkin and tomato, per crop entered		21.20	(20.70)
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	11.15	(10.90)
(ii) A(i)(c) above, per crop examined		11.15	(10.90)
C. *Seed lot fee*
Fee for the issue of an official certificate in respect of a seed lot entered	On application	89.40	(87.20)

(1)	(2)	(3)
Matter	When payable	Fee
		£	£^f12
A. *Representations by, and hearings of, aseed merchant, processor or packer*
(i) Fee for making written representations to the Minister	On making representations	27.95	(27.25)
(ii) Fee for being heard by a person appointed by the Minister	On applying to be heard	55.85	(54.50)
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	1,844.00	(1,799.00)
(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	4.45	(4.35)