# The Seeds (Fees) (Scotland) Regulations 2007 S.S.I. 2007/536 · made 28 November 2007 These Regulations prescribe fees–(in regulation 4 and Schedule 1) for matters relating to: the Beet Seeds Regulations 1993, the Vegetable Seeds Regulations 1993, the Oil And Fibre Plant Seed (Scotland) Regulations 2004, the Cereal Seed (Scotland) Regulations 2005 and the Fodder Plant Seed (Scotland) Regulations 2005; and(in regulation 5 and Schedule 2) for matters relating to the Seed (Registration, Licensing And Enforcement) (Scotland) Regulations 2006. Made under: Plant Varieties and Seeds Act 1964 (Section 16, Section 36) PDFs: Printed copy https://openlegislation.uk/seeds-fees-scotland-regulations-2007/pdf/ssi_20070536_en.pdf; Executive Note https://openlegislation.uk/seeds-fees-scotland-regulations-2007/pdf/ssien_20070536_en.pdf ## Introductory text SEEDS Made 28th November 2007 Laid before Parliament 29th November 2007 Coming into force 1st January 2008 The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A)(e), (5)(a) and 36 of the Plant Varieties and Seeds Act 1964, 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. ## 1 Citation, commencement and extent These Regulations may be cited as the Seeds (Fees) (Scotland) Regulations 2007 and shall come into force on 1st January 2008. ## 2 Citation, commencement and extent These Regulations extend to Scotland only. ## 3 Fees (1) Paragraph (2) applies to matters set out in Schedule 1 relating to the following Regulations– (a) the Beet Seeds Regulations 1993; (b) the Vegetable Seeds Regulations 1993; (c) the Oil and Fibre Plant Seed (Scotland) Regulations 2004; (d) the Cereal Seed (Scotland) Regulations 2005; and (e) the Fodder Plant Seed (Scotland) Regulations 2005. (2) Where this paragraph applies– (a) the relevant person must charge the appropriate fee for the matter set out in Schedule 1; and (b) the fee must be paid to the relevant person within one month of demand. (3) In paragraph (2), the “relevant person” is– (a) a licensed crop inspector, where the fee is for an official examination of a crop undertaken by a licensed crop inspector; (b) a licensed seed sampler, where the fee is for the sampling of a seed lot for the purposes of an official examination undertaken by a licensed seed sampler; or (c) in any other case, the Scottish Ministers. (4) In paragraph (3), “licensed crop inspector” and “licensed seed sampler” have the same meaning as in regulation 2 (interpretation) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006. ## 4 Fees (1) Paragraph (2) applies to matters set out in Schedule 2 relating to the Seeds (Registration, Licensing and Enforcement) (Scotland) Regulations 2006. (2) Where this paragraph applies– (a) the Scottish Ministers must charge the appropriate fee for the matter set out in Schedule 2; and (b) the fee must be paid to the Scottish Ministers within the relevant timescale set out in Schedule 2. ## 5 Withdrawals Where an application in respect of a matter set out in Schedule 1 is withdrawn before arrangements have been made for the purposes of an official crop examination, the appropriate fee set out in that Schedule shall– (a) be reduced to the sum of £2.75 per hectare, if the application was in respect of a matter set out in paragraph A of Schedule 1 (initial fee); and (b) otherwise not be due (and if already paid shall be repaid). ## 6 Exemptions 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. ## 7 Revocations The regulations listed in the first column of Schedule 3 to these Regulations are revoked to the extent specified in the second column. ## Signature RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 28th November 2007 ## Schedule 1: FEES FOR MATTERS RELATING TO THE BEET SEEDS REGULATIONS 1993, THE VEGETABLE SEEDS REGULATIONS 1993, THE OIL AND FIBRE PLANT SEED (SCOTLAND) REGULATIONS 2004, THE CEREAL SEED (SCOTLAND) REGULATIONS 2005 AND THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005 ## 1 Interpretation In this Schedule, words and expressions have the same meaning as they do in the relevant Regulations; and “the relevant Regulations” means the particular Regulations which the matter relates to that are listed in regulation 4(1) to these Regulations. Matter Fee £ (1) per hectare; parts of a hectare shall be rounded up to the nearest hectare. (2) per seed lot (3) per certificate A. Initial fee Initial fee for crops intended to produce:– (i) 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 4.25 B. Crop inspection fees (i) 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 14.25 (ii) Official re-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, except:– 14.25 (a) official re-examination of crops for wild oats 7.15 (b) official re-examination of crops for isolation 2.85 (c) authentication of seed lot sown (where this has not been carried out at crop inspection) 6.40 C. Seed lot fee Issuing an official certificate or a breeder’s confirmation (other than in the circumstances described under D below) in respect of a seed lot entered as:– (i) all multiplication categories 73.00 (ii) all final generation categories 30.55 D. Seed lot re-entry fee Issuing an official certificate or breeder’s confirmation 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 seed or basic seed, certified seed, certified seed of the first generation 35.00 (ii) certified seed of the second generation, certified seed of the third generation 17.45 E. Sampling fees 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 48.90 F. Official label fees Issuing and printing of official labels:– (i) tear resistant labels for breeder’s confirmation seed, pre basic seed and seed for export 40.50 (ii) self adhesive labels for breeder’s confirmation seed, pre basic seed and seed for export 28.00 G. OECD Certificate Issuing an Organisation for Economic Co-operation and Development (OECD) Certificate 25.00 ## Schedule 2: FEES FOR MATTERS RELATING TO THE SEED (REGISTRATION, LICENSING AND ENFORCEMENT) (SCOTLAND) REGULATIONS 2006 ## 1 Interpretation In this Schedule, words and expressions have the same meaning as they do in the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006. 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 (i) Making written representations to the Scottish Ministers On making representations 33.95 (ii) Being heard by a person appointed by the Scottish Ministers On applying to be heard 67.95 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 1500.00 (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 5.25 C. Crop Inspection Courses and Examination Within one month of demand by or on behalf of the Scottish Ministers (i) crop inspection course 570.00 (ii) initial examination and compulsory re-test (a) Theory together with all 3 species groups 95.00 (b) Theory only 25.00 (c) 1 species only 25.00 D. Seed Sampling Courses and Examination Within one month of demand by or on behalf of the Scottish Ministers (i) tuition and examination for seed samplers licence (administrative and sampling elements) 400.00 (ii) tuition and examination for seed samplers licence (administrative element only) 120.00 E. Seed Analyst Courses and Examination Within one month of demand by or on behalf of the Scottish Ministers (i) Laboratory Management Course Registration 504.00 (ii) Laboratory Management Course Attendance 1210.00 (iii) Analyst Course Registration 1344.00 (iv) Analyst Course additional and retake divisions (per division) 141.00 (v) Analyst Course attendance 380.00 (vi) Tetrazolium Testing Course attendance Barley and Wheat 824.00 (vii) Tetrazolium Testing Course attendance Barley Wheat and Oats 824.00 (viii) Tetrazolium Testing Course attendance Additional Species 200.00 (ix) Tetrazolium Testing Assessment Barley and Wheat 412.00 (x) Tetrazolium Testing Assessment Barley Wheat and Oats 577.00 (xi) Tetrazolium Testing Assessment Additional Species 165.00 ## Schedule 3 REVOCATIONS Regulations Provisions revoked The Seeds (Fees) (Scotland) Regulations 2002 (S.S.I. 2002/526) The whole Regulations The Oil and Fibre Plant Seed (Scotland) Regulations 2004 (S.S.I. 2004/317) Regulation 26 The Cereal Seed (Scotland) Regulations 2005 (S.S.I. 2005/328) Regulation 27 The Fodder Plant Seed (Scotland) Regulations 2005 (S.S.I. 2005/329) Regulation 27 The Seeds (Fees) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/70) The whole Regulations The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 (S.S.I. 2006/313) Regulation 44 The Seeds (Fees) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/184) The whole Regulations ## Explanatory note (This note is not part of the Regulations) These Regulations prescribe fees– (in regulation 4 and Schedule 1) for matters relating to: the Beet Seeds Regulations 1993, the Vegetable Seeds Regulations 1993, the Oil And Fibre Plant Seed (Scotland) Regulations 2004, the Cereal Seed (Scotland) Regulations 2005 and the Fodder Plant Seed (Scotland) Regulations 2005; and (in regulation 5 and Schedule 2) for matters relating to the Seed (Registration, Licensing And Enforcement) (Scotland) Regulations 2006. These Regulations commence on 1st January 2008. Regulation 6 provides for non-charging and repayment of fees for applications (in respect of matters specified in Schedule 1) which are withdrawn before arrangements have been made for a crop inspection. Regulation 7 makes provision for the Scottish Ministers to exempt any person from compliance with these Regulations relating to payment of fees. Regulation 8 of, and Schedule 3 to, these Regulations revoke the Seeds (Fees) (Scotland) Regulations 2002, together with the provisions of related S.S.I.s which amended those Regulations. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Rural Directorate, Mail point 1-B, Pentland House, 47 Robb’s loan, Edinburgh EH14 1TY. --- Source: https://www.legislation.gov.uk/ssi/2007/536 (the official version) Page: https://openlegislation.uk/seeds-fees-scotland-regulations-2007 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.