2009 No. 306
The Seed Potatoes (Fees) (Scotland) Regulations 2009
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 16(1), (1A)(e) and (5)(a) of the Plant Varieties and Seeds Act 19641 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.
Citation, commencement and extent1
1
These Regulations may be cited as the Seed Potatoes (Fees) (Scotland) Regulations 2009 and come into force on 25th September 2009.
2
These Regulations extend to Scotland only.
Interpretation2
In these Regulations “Approved Stock” means seed potatoes that are to be subjected to crop inspection or official examination for the purposes of regulation 3(5) of the Seed Potatoes (Scotland) Regulations 20002.
Payment of Fees3
Fees must be paid to the Scottish Ministers in respect of the matters arising under the Seed Potatoes (Scotland) Regulations 2000 and specified in relation to an entry in column 1 of the Schedule to these Regulations, calculated on the basis corresponding to that entry specified in column 2 of that Schedule.
Withdrawal of application4
1
If an application for crop inspection referred to in paragraph 2 of the Schedule is withdrawn before the arrival of an inspector for the purpose of inspecting the crop for the first time the fee paid will be refunded to an applicant, subject to the charging of an administration fee of £1.50 per half‑hectare.
2
If the labels and seals referred to in paragraph 4 of the Schedule are returned unused within 2 months of issue, the fee paid will be refunded to an applicant, subject to the charging of an administration fee of £1.00 per tonne.
Cancellation of an official examination5
If an arrangement has been made with an applicant for the carrying out of an official examination (referred to in paragraph 5 of the Schedule) on a particular day, but, on that day, the applicant cancels the arrangement, the applicant will be subject to the charging of an administration fee of £25.00.
Exemptions6
The Scottish Ministers may exempt any person, class of person, or persons generally, from compliance in whole or in part, with the provisions of these Regulations in relation to the payment of fees and any exemption so made may be made subject to conditions.
Revocation7
SCHEDULE
Column 1 Matter | Column 2 Fee | ||
|---|---|---|---|
1. Crop inspection in respect of crops for which an application has been made for inspection as Pre‑basic TC, Approved Stock or test and trial seed potatoes. | £25.00 per half hour or part thereof | ||
2. Crop inspection in respect of crops for which an application has been made for inspection as Pre‑basic class generations 1 to 4, Super Elite or Elite. | £29.00 per half‑hectare or part thereof | ||
3. Scientific testing of a sample taken from a crop in respect of which an application has been made for inspection. | £165.00 per sample | ||
4. Provision of any number of official labels and seals reasonably required in respect of crops classified as Pre‑basic class generations 1 to 4, Super Elite, Elite or A, which fee shall include an official examination of tubers. | £3.00 per tonne or part thereof of crop duly classified | ||
5. Official examination of tubers in respect of crops for which an application has been made for inspection as Pre‑basic TC, Approved Stock or test and trial seed potatoes which fee shall include the provision of any number of official labels and seals reasonably required. | £25 per half hour or part thereof | ||
6. Fees for nuclear stock— | |||
(a) | initiation of new nuclear stock; | £176.00 (6 microplants) | |
(b) | provision of in vitro maintained nuclear stock; and | £50.00 (6 microplants) | |
(c) | in vitro maintenance of nuclear stock. | £72.00 annual fee (per variety) | |
(This note is not part of the Regulations)