Legalize
Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Cereal Seed (Scotland) and Fodder Plant Seed (Scotland) Amendment Regulations 2006

Type Scottish-Statutory-Instrument
Publication 2006-08-30
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 30th August 2006

Laid before the Scottish Parliament: 4th September 2006

Coming into force: 26th September 2006

The Scottish Ministers, in exercise of the powers conferred by sections 16(1), (1A), (3) and 36 of the Plant Varieties and Seeds Act 1964[^f00001] and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Cereal Seed (Scotland) and Fodder Plant Seed (Scotland) Amendment Regulations 2006 and shall come into force on 26th September 2006.

Amendment of the Cereal Seed (Scotland) Regulations 2005

2

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Species Level (where applicable) Maximum weight of a lot Minimum weight of a sample to be drawn from a lot Minimum weight of a sample for a moisture test Weight of the sample for determination by number in accordance with paragraph 16 of Part II of Schedule 4
(tonnes) (grams) (grams) (grams)
Barley, durum wheat, oats, spelt wheat and wheat Minimum 30 1,000 100 500
HVS 30 1,000 100 1,000
Rye and triticale – 30 1,000 100 500
Maize, Basic Seed of inbred lines – 40 250 100 250
Maize, Basic Seed other than of inbred lines and Certified Seed – 40 1,000 100 1,000
A mixture of seed to which regulation 8 applies which does not contain more than 50% maize Minimum 30 – – –
HVS 30 — – –
A mixture of seed to which regulation 8 applies which contains more than 50% maize – 40 – – –

Amendment of the Fodder Plant Seed (Scotland) Regulations 2005

3

(25) (1) The maximum weight of a seed lot of a mixture of seeds shall be 10 tonnes, subject to sub paragraph (2). (2) Where more than 50% of a mixture of seeds consists of species of seed for which the maximum weight of a seed lot prescribed in seeds regulations is more than 10 tonnes, the maximum weight of a seed lot shall be as prescribed for the species of that type that appears in the larger or largest proportion.

Signed

ROSS FINNIE — A member of the Scottish Executive — 30th August 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 26th September 2006, implement Commission Directive 2006/55/EC of 12th June 2006 amending Annex III to Council Directive 66/402/EEC as regards the maximum weight of seed lots (O.J. No. L 159, 13.6.06, p.13).

These Regulations amend Part II of Schedule 5 to the Cereal Seed (Scotland) Regulations 2005 (S.S.I. 2005/328) by substituting the table in paragraph 26(2) in order to increase the maximum weight of a seed lot of certain species of cereal seed as shown in the following table (regulation 2)–

Species Level (where applicable) Old maximum weight of a seed lot (tonnes) New maximum weight of a seed lot (tonnes)
Barley, durum wheat, oats, spelt wheat and wheat Minimum 25 30
HVS 25 30
Rye and triticale – 25 30

These Regulations also change the basis of the maximum seed lot weight of 40 tonnes available for mixtures of seed containing maize. Previously a 40 tonne limit was available for all mixtures containing maize and other mixtures were subject to a 25 tonne limit. Now, mixtures containing more than 50% maize are subject to a 40 tonne limit with other mixtures being subject to a 30 tonne limit (regulation 2).

These Regulations also amend Part II of Schedule 5 to the Fodder Plant Seed (Scotland) Regulations 2005 (S.S.I. 2005/329) by substituting paragraph 25 (maximum weight of a seed lot of mixtures) (regulation 3). This clarifies that where more than 50% of a mixture contains species of seed for which the maximum seed lot weight prescribed in seeds regulations is more than 10 tonnes, then the maximum seed lot weight of the mixture is as prescribed for the species of that type that appears in the larger or largest proportion.

The maximum weight of a seed lot remains subject to a margin by which it may be exceeded by virtue of paragraph 25 of Part II of Schedule 5 to the Cereal Seed (Scotland) Regulations 2005 and paragraph 24 of Part II of Schedule 5 to the Fodder Plant Seed (Scotland) Regulations 2005.

A Regulatory Impact Assessment and Transposition Note have been prepared in respect of these Regulations. Copies have been placed in the Scottish Parliament Information Centre and copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Area 1 B, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.

Footnotes

[^f00001]: 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), 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 were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: S.S.I. 2005/328.

[^f00003]: S.S.I. 2005/329.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.