The Seed (Fees) (Scotland) Regulations 2018

Made: 10th May 2018

Laid before the Scottish Parliament: 14th May 2018

Coming into force: 1st July 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (3)(i), (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.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Seed (Fees) (Scotland) Regulations 2018 and come into force on 1st July 2018.

• (2) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations—

• “the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 ;

• “the relevant person” means—a licensed crop inspector, where the fee is for an official examination carried out by a licensed crop inspector;a licensed seed sampler, where the fee is for the sampling of a seed lot for the purposes of an official examination carried out by a licensed seed sampler; orin any other case, the Scottish Ministers; and

• “the Seed Marketing Regulations” means—in relation to vegetable seed, the Vegetable Seeds Regulations 1993 ;in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004 ;in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005 ;in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005 ; andin relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010 .

• (2) Other words and expressions used in these Regulations have the same meaning as they do in the Seed Marketing Regulations or, as the case may be, the 2016 Regulations.

Fees for matters set out in schedule 1

3

• (1) Paragraph (2) applies to matters set out in schedule 1 relating to the Seed Marketing Regulations.

• (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) Where paragraph A(ii) of schedule 1 applies, any initial fee which has been paid under paragraph A(i) must be repaid to the extent that it exceeds the fee payable under paragraph A(ii).

Fees for matters set out in schedule 2

4

• (1) Paragraph (2) applies to matters set out in schedule 2 relating to the 2016 Regulations.

• (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.

Exemptions

5

The Scottish Ministers may exempt any person or class of persons, or persons generally, from compliance with any of the provisions of these Regulations, subject to any conditions the Scottish Ministers think appropriate.

Revocations and savings

6

• (1) The following provisions of the Seed (Fees etc.) (Scotland) Regulations 2017 are revoked—

• (a) regulation 3(1) (except for the definition of “the 2016 Regulations”) and (2);

• (b) regulations 4 to 7; and

• (c) schedules 1 and 2.

• (2) Regulation 3 of the Seed (Miscellaneous Amendments) (Scotland) Regulations 2017 is revoked.

Schedule 1 — FEES FOR MATTERS RELATING TO THE SEED MARKETING REGULATIONS

Schedule 2 — FEES FOR MATTERS RELATING TO THE 2016 REGULATIONS

Signed

FERGUS EWING — A member of the Scottish Government — 2018-05-10

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1964 c.14. Section 16(1) was amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section 4(1) and schedule 4, paragraph 5(1) and (2). Section 16(1A) was inserted by the 1972 Act, 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, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.S.I. 2016/68, amended by S.S.I. 2016/434 and S.S.I. 2017/179.

[^f00003]: S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043, S.S.I. 2013/326 and S.S.I. 2016/434.

[^f00004]: S.S.I. 2004/317, amended by S.S.I. 2006/313, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2016/68 and S.S.I. 2016/434.