The Seed (Fees) (Scotland) Regulations 2018

Scottish Statutory Instruments

2018 No. 152

Seeds

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 M1 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.

Marginal Citations

M1 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).

Citation, commencement and extent S

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 S

2.—(1) In these Regulations—

“the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 M2 ;

“the relevant person” means—

(a)

a licensed crop inspector, where the fee is for an official examination carried out 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 carried out by a licensed seed sampler; or

(c)

in any other case, the Scottish Ministers; and

“the Seed Marketing Regulations” means—

(a)

in relation to vegetable seed, the Vegetable Seeds Regulations 1993 M3 ;

(b)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004 M4 ;

(c)

in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005 M5 ;

(d)

in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005 M6 ; and

(e)

in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010 M7 .

(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.

Marginal Citations

M2 S.S.I. 2016/68, amended by S.S.I. 2016/434 and S.S.I. 2017/179.

M3 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.

M4 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.

M5 S.S.I. 2005/328, amended by S.S.I. 2006/313, S.S.I. 2006/448, 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.

M6 S.S.I. 2005/329, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2009/330, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2012/5, S.S.I. 2013/326, S.S.I. 2016/68, S.S.I. 2016/434 and S.S.I. 2017/384.

M7 S.S.I. 2010/148, as amended by S.S.I. 2011/413, S.I. 2011/1043, S.S.I. 2016/68 and S.S.I. 2016/434.

Fees for matters set out in schedule 1 S

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 S

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 S

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 S

6.—(1) The following provisions of the Seed (Fees etc.) (Scotland) Regulations 2017 M8 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 M9 is revoked.

Marginal Citations

M8 S.S.I. 2017/179 as amended by S.S.I. 2017/384.

M9 S.S.I 2017/384.

FERGUS EWING

A member of the Scottish Government

St Andrew's House,

Edinburgh

10th May 2018

Regulation 3

SCHEDULE 1 S FEES FOR MATTERS RELATING TO THE SEED MARKETING REGULATIONS

Matter			Fee £
A. Initial Fees
(i)	initial fee per hectare or part thereof, except where sub-paragraph (ii) applies, for applications in respect of crops intended to produce:—
	(a)	Pre-basic Seed or Basic Seed	28.12 (online applications)
			31.03 (other applications)
	(b)	Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation	4.05 (online applications)
			4.46 (other applications)
(ii)	Reduced initial fee per hectare or part thereof for applications referred to in sub-paragraph (i)(a) or (b) which are withdrawn before arrangements have been made for the purposes of an official examination.		2.88
(iii)	Late application fee per crop payable in addition to initial fee under sub-paragraph (i)(a) or (b) where the application is not made by the date for enabling arrangements to be made for an official examination of a crop grown to produce seed of a species to which any instrument comprising the Seed Marketing Regulations applies.		30.41
B. Crop inspection fees
(i)	Fee for the official examination of crops other than a hybrid of swede rape intended to produce Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation, per hectare or part thereof examined.		19.71
(ii)	Fee for the official field inspection of a hybrid of swede rape, per hectare or part thereof examined.		59.14
(iii)	Fee for the further official examination of crops intended to produce Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation, per hectare or part thereof examined, except:—		19.71
	(a)	further official examination of crops for wild oats, per hectare or part thereof examined	9.07
	(b)	further official examination of crops in respect of isolation distance, per hectare or part thereof examined	3.56
	(c)	further official examination of crops which have been lodged, per hectare or part thereof examined	8.02
(iv)	Fee for the authentication of seed lot sown (where this has not been carried out at crop inspection), per crop.		8.02
(v)	Fee for the official examination of crops where there has been an official post control the results of which have been unsatisfactory, per hectare or part thereof examined.		19.71
(vi)	Fee payable in addition to fee under sub-paragraph (i) to (v) above where arrangements have been made for an official examination to be carried out by a licensed crop inspector and the applicant subsequently requests that the examination be carried out instead by the Scottish Ministers.		30.41
C. Seed lot fees
Fee for issuing an official certificate or a breeder's confirmation (other than in the circumstances described under paragraph D below) in respect of a seed lot certifying the seed to be:—
(i)	of a multiplication category		80.75 (online applications)
			89.13 (other applications)
(ii)	of a final generation category		31.35 (online applications)
			34.60 (other applications)
D. Seed lot re-entry fee
Fee for issuing an official certificate or a breeder's confirmation in respect of a seed lot where, following an application for certification of the seed to be within one particular category, that application has been withdrawn and a new application has been submitted for certification of the seed within another category, as follows:-
(i)	Pre-basic Seed, Basic Seed, Certified Seed or Certified Seed of the First Generation		36.70
(ii)	Certified Seed of the Second Generation or Certified Seed of the Third Generation		18.29
E. Sampling fees
Fee per seed lot for the sampling or re-sampling of a seed lot for the purposes of an official examination, and for sampling or re-sampling imported seed intended for further multiplication.			52.55
F. Official label fees
Fee per seed lot for the issue and printing of a:-
(i)	tear resistant label for Pre-basic Seed, seeds for export or seeds following the issue of a breeder's confirmation		42.47
(ii)	self adhesive label for Pre-basic Seed, seeds for export or seeds following the issue of a breeder's confirmation		29.36
G. OECD Certificate
Fee per certificate for issuing an Organisation for Economic Co-operation and Development (OECD) Certificate.			26.21
H. Higher Voluntary Standards (HVS)
Fee per seed lot for verification that a seed lot meets the applicable Higher Voluntary Standards (HVS).			7.34

Regulation 4

SCHEDULE 2 S FEES FOR MATTERS RELATING TO THE 2016 REGULATIONS

Matter				When payable	Fee £
A. Representations by, and hearings of, a licensed professional seed operator, licensed crop inspector, licensed seed sampler or personnel pertaining to a licensed seed testing station
(i)	Fee for making written representations to the Scottish Ministers			On making representations	34.97
(ii)	Fee for being heard by a person appointed by the Scottish Ministers			On applying to be heard	69.99
B. Licensed seed testing stations
(i)	Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)			Within one month of demand by or on behalf of the Scottish Ministers, annually in advance	1699.50
(ii)	Fee payable by a licensed seed testing station in respect of an official examination of seed			Within one month of demand by or on behalf of the Scottish Ministers, annually in arrears	7.63
C. Cereal crop inspection courses and examination
Fee for:—				Within one month of demand by or on behalf of the Scottish Ministers
(i)	Cereal crop inspection course				647.99
(ii)	Initial examination and compulsory retest—
	(a)		all 3 species groups		101.39
	(b)		2 species		74.65
	(c)		1 species only		37.33
D. Seed sampling courses and examination
Fee for:—				Within one month of demand by or on behalf of the Scottish Ministers
(i)		Tuition and examination for seed samplers licence (administrative and sampling elements)			435.14
(ii)		Tuition and examination for seed samplers licence (administrative element only)			130.54
(iii)		Re-examination fee for seed samplers licence with sampling function enabled			38.06
(iv)		Re-examination fee for seed samplers licence with sampling function not enabled			10.91
E. Seed analyst courses and examination
Fee for:-				Within one month of demand by or on behalf of the Scottish Ministers
(i)		Laboratory management course registration			1146.05
(ii)		Laboratory management course attendance and examination (per day or part thereof)			432.00
(iii)		Analyst course registration			1896.81
(iv)		Analyst course registration – additional and retake divisions (per division)			184.55
(v)		Analyst course attendance (per day or part thereof. Number of days depends on division)			432.00
(vi)		Analyst course examination (per day or part thereof)			432.00
(vii)		Tetrazolium testing course attendance (per day or part thereof)			446.68
(viii)		Tetrazolium testing course examination (per day or part thereof)			446.68

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe fees for matters relating to—

• the Vegetable Seeds Regulations 1993, the Oil and Fibre Plant Seed (Scotland) Regulations 2004, the Cereal Seed (Scotland) Regulations 2005, the Fodder Plant Seed (Scotland) Regulations 2005 and the Beet Seed (Scotland) (No. 2) Regulations 2010 (regulation 3 and schedule 1); and

• the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (regulation 4 and schedule 2).

Regulation 5 makes provision for the Scottish Ministers to exempt any person from compliance with any provision in these Regulations relating to payment of fees.

Regulation 6(1) revokes regulations 3 to 7 and schedules 1 and 2 of the Seed (Fees etc.) (Scotland) Regulations 2017 (“the 2017 Regulations”) subject to savings.

Regulation 6(2) revokes regulation 3 of the Seed (Miscellaneous Amendments) (Scotland) Regulations 2017.

The changes to the fees in schedules 1 and 2 from those in the 2017 Regulations are as follows:

					Current fee (£)	New fee (£)
SCHEDULE 1
A. Initial Fees
(i)		Initial fee per hectare or part thereof for crops intended to produce:—
		(a)		Pre-Basic Seed or Basic Seed	29.60 (online applications)	28.12 (online applications)
					30.13 (other applications)	31.03 (other applications)
		(b)		Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation	4.25 (online applications)	4.05 (online applications)
					4.33 (other applications)	4.46 (other applications)
(ii)		Reduced initial fee per hectare or part thereof for applications referred to in sub-paragraph (i)(a) or (b) which are withdrawn before arrangements have been made for the purpose of an official examination.			2.80	2.88
(iii)		Late application fee per crop payable in addition to initial fee under sub-paragraph (i)(a) or (b).			29.52	30.41
B. Crop inspection fees
(i)		Official examination of crops other than hybrids of swede rape (per hectare or part thereof).			19.14	19.71
(ii)		Official field inspection of hybrids of swede rape (per hectare or part thereof).			57.42	59.14
(iii)		Further official examination of crops (per hectare or part thereof) except:—			19.14	19.71
		(a)		further official examination of crops for wild oats	8.81	9.07
		(b)		further official examination of crops in respect of isolation distance	3.46	3.56
		(c)		further official examination of crops which have been lodged	7.79	8.02
(iv)		Authentication of seed lot sown (per crop)			7.79	8.02
(v)		Official examination of crops following an unsatisfactory official post control (per hectare or part thereof)			19.14	19.71
(vi)		Additional fee payable for official examinations to be carried out by the Scottish Ministers instead of licensed crop inspectors			29.52	30.41
C. Seed lot fee
Issuing an official certificate or a breeder's confirmation (except where paragraph D applies) in respect of a seed lot certifying the seed to be:—
(i)		of a multiplication category			85.00 (online applications)	80.75 (online applications)
					86.53 (other applications)	89.13 (other applications)
(ii)		of a final generation category			33.00 (online applications)	31.35 (online applications)
					33.59 (other applications)	34.60 (other applications)
D. Seed lot re-entry fee
Issuing an official certificate or a breeder's confirmation in respect of a seed lot where, following an application for certification of the seed to be within one particular category, that application has been withdrawn and a new application has been submitted for certification of the seed within another category, as follows:—
(i)		Pre-basic Seed, Basic Seed, Certified Seed or Certified Seed of the First Generation			35.63	36.70
(ii)		Certified Seed of the Second Generation or Certified Seed of the Third Generation			17.76	18.29
E. Sampling Fees
Sampling or re-sampling of a seed lot for the purposes of an official examination, and for sampling or re-sampling imported seed intended for further multiplication.					51.02	52.55
F. Official label fees
Fee per seed lot for the issue and printing of a:—
(i)		tear resistant label for breeder's confirmation seed, Pre-basic Seed or seed for export			41.23	42.47
(ii)		self-adhesive label for breeder's confirmation seed, Pre-basic Seed or seed for export			28.50	29.36
G. OECD Certificate
Issuing an Organisation for Economic Co-operation and Development (OECD) Certificate.					25.45	26.21
H. Higher Voluntary Standard
Verifying that a seed lot meets applicable higher voluntary standards (per seed lot).					7.13	7.34
SCHEDULE 2
A. Representations by, and hearings of, a licensed professional seed operator, licensed crop inspector, licensed seed sampler or personnel pertaining to a licensed seed testing station
(i)	Fee for making written representations to the Scottish Ministers				33.95	34.97
(ii)	Fee for being heard by a person appointed by the Scottish Ministers				67.95	69.99
B. Licensed seed testing stations
(i)	Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)				1650.00	1699.50
(ii)	Fee payable by a licensed seed testing station in respect of an official examination of seed				7.63	7.63
C. Cereal crop inspection courses and examination
(i)	Cereal crop inspection course				629.12	647.99
(ii)	Initial Examination and compulsory re-test:
	(a)		all 3 species groups		98.44	101.39
	(b)		2 species		72.48	74.65
	(c)		1 species only		36.24	37.33
D. Seed sampling courses and examination
(i)		Tuition and examination for seed samplers licence (administrative and sampling elements)			422.47	435.14
(ii)		Tuition and examination for seed samplers licence (administrative element only)			126.74	130.54
(iii)		Re-examination fee for seed samplers licence (with sampling function enabled)			36.95	38.06
(iv)		Re-examination fee for seed samplers licence (with sampling function not enabled)			10.59	10.91
E. Seed analyst courses and examination
(i)		Laboratory management course registration			1,112.67	1,146.05
(ii)		Laboratory management course attendance and examination (per day or part thereof)			419.42	432.00
(iii)		Analyst course registration			1,841.56	1,896.81
(iv)		Analyst course registration – additional and retake divisions (per division)			179.17	184.55
(v)		Analyst course attendance (per day or part thereof)			419.42	432.00
(vi)		Analyst course examination (per day or part thereof)			419.42	432.00
(vii)		Tetrazolium testing course attendance (per day or part thereof)			433.67	446.68
(viii)		Tetrazolium testing course examination (per day or part thereof)			433.67	446.68

A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies of it may be obtained from the Scottish Government Agriculture and Rural Economy Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD and online at www.legislation.gov.uk.