The Seeds (Fees) (Scotland) Regulations 2007

Made: 28th November 2007

Laid before Parliament: 29th November 2007

Coming into force: 1st January 2008

In accordance with section 16(1) of that Act, they have consulted with representatives of such interests as appear to them to be concerned.

Citation, commencement and extent

1

These Regulations may be cited as the Seeds (Fees) (Scotland) Regulations 2007 and shall come into force on 1st January 2008.

2

These Regulations extend to Scotland only.

Fees

3

• (1) Paragraph (2) applies to matters set out in Schedule 1 relating to the following Regulations–

• (a) the Beet Seeds Regulations 1993[^f00002];

• (b) the Vegetable Seeds Regulations 1993[^f00003];

• (c) the Oil and Fibre Plant Seed (Scotland) Regulations 2004[^f00004];

• (d) the Cereal Seed (Scotland) Regulations 2005[^f00005]; and

• (e) the Fodder Plant Seed (Scotland) Regulations 2005[^f00006].

• (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[^f00007].

4

• (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.

Withdrawals

5

Where an application in respect of a matter set out in Schedule 1 is withdrawn before arrangements have been made for the purposes of an official crop examination, the appropriate fee set out in that Schedule shall–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).

Exemptions

6

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.

Revocations

7

The regulations listed in the first column of Schedule 3 to these Regulations are revoked to the extent specified in the second column.

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

Interpretation

1

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.

SCHEDULE 2 — FEES FOR MATTERS RELATING TO THE SEED (REGISTRATION, LICENSING AND ENFORCEMENT) (SCOTLAND) REGULATIONS 2006

Interpretation

1

In this Schedule, words and expressions have the same meaning as they do in the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006[^f00008].

SCHEDULE 3 — REVOCATIONS

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 28th November 2007

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.

Footnotes

[^f00001]: 1964 c. 14; Section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and paragraph 5(1) and (2) of Schedule 4 and by the Agriculture Act 1986 (c. 49), section 2. See section 38 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.I. 1993/2006, as relevantly amended by S.I. 1997/616 and 1999/1861 and S.S.I. 2000/246.

[^f00003]: S.I. 1993/2008, as relevantly amended by S.I. 1996/1452, 1997/616, 1999/1863 and 2001/3510 and S.S.I. 2000/250 and 2007/305.

[^f00004]: S.S.I. 2004/317, as amended by S.S.I. 2006/313 and 2007/224.

[^f00005]: S.S.I. 2005/328, as amended by S.S.I. 2006/313 and 448 and 2007/224.

[^f00006]: S.S.I. 2005/329, as amended by S.S.I. 2006/313 and 448 and 2007/224.

[^f00007]: S.S.I. 2006/313.

[^f00008]: S.S.I. 2006/313.