The Seed (Fees) (Scotland) Regulations 2018

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	Reduced initial fee per hectare or part thereof for applications referred to in sub-paragraph (i)(a) or (b) which are withdrawn before arrangements have been made for the purpose of an official examination.			2.80	2.88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.