The Seeds (Fees) (Scotland) Regulations 2007

Citation, commencement and extent

1.  These Regulations may be cited as the Seeds (Fees) (Scotland) Regulations 2007 and shall come into force on 1st January 2008.

2.  These Regulations extend to Scotland only.

Fees

3.—(1) Paragraph (2) applies to matters set out in Schedule 1 relating to the following Regulations–

(a) the Beet Seeds Regulations 1993(1);

(b) the Vegetable Seeds Regulations 1993(2);

(c) the Oil and Fibre Plant Seed (Scotland) Regulations 2004(3);

(d) the Cereal Seed (Scotland) Regulations 2005(4); and

(e) the Fodder Plant Seed (Scotland) Regulations 2005(5).

(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) In paragraph (2), the “relevant person” is–

(a) a licensed crop inspector, where the fee is for an official examination of a crop undertaken 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 undertaken by a licensed seed sampler; or

(c) in any other case, the Scottish Ministers.

(4) In paragraph (3), “licensed crop inspector” and “licensed seed sampler” have the same meaning as in regulation 2 (interpretation) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006(6).

4.—(1) Paragraph (2) applies to matters set out in Schedule 2 relating to the Seeds (Registration, Licensing and Enforcement) (Scotland) Regulations 2006.

(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.

Withdrawals

5.  Where an application in respect of a matter set out in Schedule 1 is withdrawn before arrangements have been made for the purposes of an official crop examination, the appropriate fee set out in that Schedule shall–

(a) be reduced to the sum of £2.75 per hectare, if the application was in respect of a matter set out in paragraph A of Schedule 1 (initial fee); and

(b) otherwise not be due (and if already paid shall be repaid).

Exemptions

6.  The Scottish Ministers may exempt any person from compliance with any provision in these Regulations relating to the payment of fees, subject to any conditions the Scottish Ministers think appropriate.

Revocations

7.  The regulations listed in the first column of Schedule 3 to these Regulations are revoked to the extent specified in the second column.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th November 2007