The Seed Potatoes (Fees) (Scotland) (No.2) Regulations 1992

This Statutory Instrument has been made in consequence of a defect in S.I. 1992/2340 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1992 No. 2634 (S.231)

SEEDS

The Seed Potatoes (Fees) (Scotland) (No.2) Regulations 1992

Made

22nd October 1992

Laid before Parliament

26th October 1992

Coming into force

For the purposes of Regulation 2(b)

25th October 1992

For all other purposes

26th October 1992

The Secretary of State, in exercise of the powers conferred on him by section 16(1), (1A)(e) and (5)(a) of the Plant Varieties and Seeds Act 1964(1), and of all other powers enabling him in that behalf, after consultation with representatives of such interests as appear to him to be concerned, hereby makes the following Regulations:

Citation, extent and commencement

1.  These Regulations may be cited as the Seed Potatoes (Fees) (Scotland) (No.2) Regulations 1992, shall extend to Scotland only and shall come into force for the purposes of Regulation 2(b) on 25th October 1992 and for all other purposes on 26th October 1992.

Revocation of previous Regulations

2.—(a) The Seed Potatoes (Fees) (Scotland) Regulations 1992(2); and

(b) the Seed Potatoes (Fees) (Scotland) Amendment Regulations 1992(3);

are hereby revoked.

Payment of fees

3.  There shall be paid in advance in respect of the matters arising under the Seed Potatoes Regulations 1991(4) referred to in the Schedule hereto, or under any Regulations amending or superseding them, the fees respectively specified in the second column of the said Schedule opposite the references to such matters.

4.  The said fees shall be payable to the Secretary of State.

Exemptions

5.  The Secretary of State may exempt any person or class of person or persons generally from compliance in whole or in part with the provisions of these Regulations in relation to payment of fees and any exemptions so made may be made subject to conditions.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

22nd October 1992

Regulation 3

SCHEDULE

Matter	New Fee	Old Fee(5)
	£	£
1.  Fee for crop inspection in respect of crops for which an application has been made for classification as— (a) VTSC class per half—hectare or part thereof	23.00	(23.00)
Minimum fee	46.00	(46.00)
(b) SE class per half—hectare or part thereof	22.00	(22.00)
(c) E class per half—hectare or part thereof	22.00	(22.00)
Provided that, if the application for entry of crops is withdrawn before the arrival of an inspector for the purpose of inspecting the crop for the first time, the fee paid will be refunded to the applicant subject to payment of a reduced fee of £1.50 per half—hectare to cover administration costs.
2.  Fee for scientific testing of any one sample taken from a crop in respect of which an application has been made for classification.	135.00	(135.00)
3.  Fee for provisions of seals and labels including official examination—all calleses per tonne or part thereof— (a) Labels without tie–:holes	3.00	(2.80)
(b) Labels with tie—holes and seals;	3.00	(2.80)
Provided that, if labels are returned unused, the fee paid may be refunded subject to a payment of a reduced fee of £1.00 per tonne to cover administrative costs.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland only and which revoke and supersede the Seed Potatoes (Fees) (Scotland) Regulations 1992 prescribe the fees payable in respect of certain matters arising under the Seed Potatoes Regulations 1991.

The fees for the provision of labels and seals are increased by 7% and the reduced fee for returned unused labels by 25%.

The fees for crop inspection of all classes and the fee for scientific testing of samples from crops where required prior to classification remain unaltered.

These Regulations replace the Seed Potatoes (Fees) (Scotland) Amendment Regulations 1992 which were defectively drafted, and are being made available free of charge to all those who purchased those Regulations.

(1)

1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), Schedule 4,paragraph 5.

(2)

S.I. 1992/1022.

(3)

S.I. 1992/2340.

(4)

S.I. 1991/2206; amended by S.I. 1992/1031.

(5)

The fees in italics are the fees which were payable immediately before the coming into force of these Regulations.