The Seed Potatoes (Fees) (Scotland) Order 1994

Made: 11th July 1994

Coming into force: 12th July 1994

The Secretary of State in exercise of the powers conferred on him by section 102(4) of the Finance (No.2) Act 1987[^f00001] and of all other powers enabling him in that behalf, a draft of this instrument having been laid before and approved by a resolution of the House of Commons, hereby makes the following Order:–

1

This Order may be cited as The Seed Potatoes (Fees) (Scotland) Order 1994, applies to Scotland only and shall come into force on the day after the day on which it is made.

2

• (1) In relation to the functions mentioned in paragraph (2) below the costs of which fall to be taken into account on the exercise of the powers for the charging of the fees to which paragraph (3) below applies, the following matter, namely, any deficit incurred in relation to a service referred to in paragraph (3) before the exercise of the relevant power but after 31st December 1992, is hereby specified for the purposes of section 102(4) of the Finance (No.2) Act 1987 as one which may be taken into account in determining the cost of that service.

• (2) The functions are those of the Secretary of State in respect of the inspection and classification of seed potatoes under regulations made under the Plant Varieties and Seeds Act 1964[^f00002].

• (3) This paragraph applies to the fees payable under regulations made by the Secretary of State in exercise of the powers conferred by section 16(1A)(e)[^f00003] of the last mentioned Act in relation to the services of–

• (a) crop inspection and scientific testing of seed potatoes in respect of which an application has been made for classification; and

• (b) the provision of seals and labels for, including official examination of, seed potatoes.

Signed

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 11th July 1994

Explanatory note

(This note is not part of the Order)

This Order provides that past deficits since 31st December 1992, may be taken into account in the determination of fees fixed by the Secretary of State for certain services in relation to the classification of seed potatoes.

Footnotes

[^f00001]: 1987 c. 51.

[^f00002]: 1964 c. 14.

[^f00003]: Section 16(1A) was inserted by the European Communities Act 1972 (c. 68), section 4 and Schedule 4, paragraph 5(2).