OpenLegislation

Regulation 11 Fees

Original text. Later amendments are not shown.

(1)

The Department may charge any person, including any person with whom an arrangement or further arrangement has been made under regulation 10, fees in respect of costs the Department reasonably incurs in carrying out official measures for the purpose of these Regulations.

(2)

The Department may charge any person concerned in any matter connected with these Regulations fees in respect of costs the Department reasonably incurs in the administration of that matter for the purposes of these Regulations, including—

(a)

the administration and determination of any application under these Regulations, including the administration and determination of an application—

(i)

for acceptance of a variety on to an NI Variety List or a change to any such application;

(ii)

to change the name of a plant variety for the purposes of these Regulations;

(iii)

in relation to the maintainer or the maintenance of a plant variety; and

(iv)

for renewal of acceptance of a variety.

(b)

the examination or inspection of any documents, records or material under these Regulations; and

(c)

the annual cost of keeping a variety accepted on an NI Variety List.

(3)

A person with whom an arrangement or further arrangement has been made in accordance with regulation 10, may charge any person, including any other person with whom that or any other arrangement or further arrangement has been made under that regulation, amounts in respect of costs reasonably incurred in carrying out official measures under the responsibility of the Department in accordance with these Regulations.

(4)

Where a person has been given notice—

(a)

by or on behalf of the Department of a fee duly charged in accordance with paragraphs (1) or (2); or

(b)

by a person with whom an arrangement or further arrangement has been made under regulation 10 of an amount duly charged in accordance with paragraph (3),

the person to whom the notice is given shall pay as specified in it the amount so charged.

(5)

An amount charged in accordance with this regulation in respect of which notice has been given in accordance with paragraph (4) shall be recoverable as a civil debt from the person to whom the notice was given.