The Seed Potatoes (Fees) (Wales) Regulations 2006

Welsh Statutory Instruments

2006 No. 519 (W.63)

SEEDS, WALES

The Seed Potatoes (Fees) (Wales) Regulations 2006

Made

28 February 2006

Coming into force

3 March 2006

The National Assembly for Wales, in exercise of the powers conferred by section 16(1) and (1A)(e) of the Plant Varieties and Seeds Act 1964(1) and now vested in it(2), after consultation with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Seed Potatoes (Fees) (Wales) Regulations 2006 and these Regulations come into force on 3 March 2006.

(2) These Regulations apply in relation to Wales.

Fees

2.—(1) An applicant for classification of seed potatoes must pay to the National Assembly for Wales in respect of its functions under the Seed Potatoes Regulations 1991(3) listed in the Schedule, or to any person authorised by it to carry out such functions on its behalf, the fees listed in the Schedule in respect of such functions.

(2) The fee specified in the Schedule as payable for each function is subject to any minimum fee there specified.

Withdrawal of application

3.  Where an application for the classification of seed potatoes is withdrawn by the applicant before the arrival of an inspector for the purpose of inspecting the crop for the first time, the applicant must pay to the National Assembly for Wales or to any person authorised by it to carry out such inspection on its behalf a fee of £15.

Revocation of previous regulations

4.  The Seed Potatoes (Fees) Regulations 1998(4) are revoked in respect of Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

28 February 2006

Regulation 2

SCHEDULE

Function	Fee*	(Previous fee)	Minimum fee	(Previous Minimum fee)
* Of the rates listed in this column those that are marked with an asterisk are per hour or part thereof and those not so marked are per half-hectare or part thereof.
Inspection of growing crops and provision of seals and labels in respect of applications for classification:—
as pre-basic seed potatoes	£81.00*	(—)	N/A	(N/A)
as basic seed potatoes:—
VTSC class	£75.00	(£75.00)	N/A	(N/A)
Super Elite class	£40.50	(£40.50)	£81.00	(£81.00)
Elite class	£40.50	(£40.50)	£81.00	(£81.00)
AA class	£38.50	(£38.50)	£77.00	(£77.00)
as certified seed potatoes	£35.00	(£35.00)	£70.00	(£70.00)
under a scheme or other arrangements in accordance with paragraph 4(c)(ii) of Part II of Schedule 1 to the Seed Potatoes Regulations 1991	£81.00*	(—)	N/A	(N/A)
Inspection of harvested tubers
Up to two inspections	£12.00	(£12.00)	£24.00	(£24.00)
Third and subsequent inspections	£81.00*	(£81.00)	N/A	(N/A)

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which revoke and replace the Seed Potatoes (Fees) Regulations 1998 in relation to Wales, prescribe the fees payable by applicants for classification of seed potatoes under the Seed Potatoes Regulations 1991.

The Regulations introduce two new categories of fee. These are for the inspection of pre-basic seed potatoes and for the inspection of seed potatoes under a scheme or arrangement as provided for by paragraph 4(c)(ii) of Part II of Schedule 1 to the 1991 Regulations.

All of the other fees prescribed by the Regulations remain unchanged from the 1998 Regulations. All fees represent the cost of performing the services for which charges are made. A Regulatory Appraisal in relation to these Regulations has been prepared and a copy is available from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1964 c. 14; section 16(1) was amended and section 16(1A) inserted by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 5(1) and (2).

(2)

Under the Transfer of Functions (Wales) (No.1) Order 1978 (SI 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they were exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672), article 2(1) and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales.

(3)

SI 1991/2206, amended by SI 1992/1031, 1993/1878, 1994/2592, 1997/1474, SI 2001/3666. Functions are vested in the National Assembly for Wales by virtue of Article 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672)

(4)

SI 1998/1228.

(5)

1998 c. 38.