Statutory Instrument 1997 No. 1415

      The Seeds (Fees) (Amendment) Regulations 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS


1997 No. 1415

SEEDS

The Seeds (Fees) (Amendment) Regulations 1997

  Made 4th June 1997 
  Laid before Parliament 6th June 1997 
  Coming into force 1st July 1997 

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964[1] and of all other powers enabling them in that behalf, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Title and commencement
     1. These Regulations may be cited as the Seeds (Fees) (Amendment) Regulations 1997 and shall come into force on 1st July 1997.

Amendment
    
2. For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985[2] there shall be substituted the Schedules set out in the Schedule to these Regulations.


Lord Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

2nd June 1997


Sewel
Parliamentary Under Secretary of State, Scottish Office

3rd June 1997



Signed by authority of the Secretary of State for Wales


Win Griffiths
Parliamentary Under Secretary of State, Welsh Office

4th June 1997



SCHEDULE
Regulation 2


PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985




    " SCHEDULE 1
    Regulation 3


    MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993[3]


    (1) (2) (3)  
    Matter When payable Fee
        £ £[4]
    A. Initial fees
    Initial fee per hectare or part thereof for crops intended to produce:

      (i) pre-basic or basic seed
    On application for registration 22.35 (21.80)
      (ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
      5.60 (5.45)
      (iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
      5.00 (4.90)
    B. Crop inspection fees
    Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined On application 11.15 (10.90)
    C. Seed lot fee
    Fee for the issue of an official certificate in respect of a seed lot entered as: - 
      (i) breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize
    On application 36.85 (35.95)
      (ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
      18.45 (18.00)
    D. Seed testing fees
    Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined) Within one month of demand by or on behalf of the appropriate Minister 32.40 (31.60)
    E. Fees for additional tests
    Fee for Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley Within one month of demand by or on behalf of the appropriate Minister 38.00 (37.05)



    SCHEDULE 2
    Regulation 3


    MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993[5]


    (1) (2) (3)  
    Matter When payable Fee
        £ £[6]
    A. Initial fees
    Initial fee per hectare or part thereof for crops intended to produce:

        (i) pre-basic or basic seed of - 

          (a) grasses, legumes (except field beans and field peas) and crucifers

    On application for registration 16.75 (16.35)
    (b) field beans and field peas

      14.50 (14.15)
    (ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers

      7.85 (7.65)
    (iii) certified seed of the first and second generation of field beans and field peas

      6.70 (6.55)
    B. Crop inspection fee
    Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape) On application 11.15 (10.90)
    C. Seed lot fee
    Fee for the issue of an official certificate in respect of a seed lot entered as: - 

        (i) breeder's seed of - 

          (a) grasses, legumes (except field beans and field peas) and crucifers

    On application 30.20 (29.45)
    (b) field beans and field peas

      49.15 (47.95)
    (ii) pre-basic or basic seed of - 

      (a) grasses, legumes (except field beans and field peas) and crucifers

      57.00 (55.60)
    (b) field beans and field peas

      49.15 (47.95)
    (iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers

      57.00 (55.60)
    (iv) certified seed of the first and second generation of field beans and field peas

      45.80 (44.70)
    (v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993

      50.30 (49.05)



    SCHEDULE 3
    Regulation 3


    MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993[7]


    (1) (2) (3)  
    Matter When payable Fee
        £ £[8]
    A. Initial fees
    Initial fee per hectare or part thereof for crops intended to produce:

        (i) pre-basic or basic seed

    On application for registration 24.60 (24.00)
    (ii) all other categories of seed

      11.75 (11.45)
    B. Crop inspection fees
    Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined On application 11.15 (10.90)
    C. Seed lot fee
    Fee for the issue of an official certificate in respect of a seed lot entered as: - 

        (i) breeder's, pre-basic or basic seed

    On application 44.70 (43.60)
    (ii) all other categories of seed

      44.70 (43.60)
    D. Seed testing fees
    Fees for an official examination of seed for: - 

        (i) sunflower for Botrytis spp

    Within one month of demand by or on behalf of the appropriate Minister 37.95 (37.05)
    (ii) flax and linseed for: - 

      (a) Alternaria spp

      (b) Phoma exiqua var. linicola

      (c) Colletotrichum lini

         
    (d) Fusarium spp

    (e) Botrytis spp

      31.25 (30.50)



    SCHEDULE 4
    Regulation 3


    MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993[9]


    (1) (2) (3)  
    Matter When payable Fee
        £ £[10]
    A. Initial fees
    Initial fee per hectare or part thereof for crops intended to produce:

        (i) pre-basic or basic seed

    On application for registration 29.05 (28.35)
    (ii) certified seed

      13.45 (13.10)
    B. Crop inspection fees
    Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined On application 11.15 (10.90)
    C. Seed lot fee
    Fee for the issue of an official certificate in respect of a seed lot entered as: - 

        (i) pre-basic or basic seed

    On application 54.75 (53.40)
    (ii) certified seed

      53.60 (52.30)



    SCHEDULE 5
    Regulation 3


    MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993[11]


    (1) (2) (3)  
    Matter When payable Fee
        £ £[12]
    A. Initial fees
    Initial fee for crops intended to produce:

        (i) pre-basic or basic seed of - 

    On application for registration(a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

    39.10 (38.15)
    (b) peas and broad beans per hectare or part thereof entered

      24.60 (24.00)
    (c) cucumber, gherkin and tomato, per crop entered

      39.10 (38.15)
    (ii) certified seed of - 

      (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

    21.20 (20.70)  
    (b) peas and broad beans per hectare or part thereof entered

      10.05 (9.80)
    (c) cucumber, gherkin and tomato, per crop entered

      21.20 (20.70)
    B. Crop inspection fees
    Fee for official examination or re-examination of crops intended to produce:

        (i) A(i)(a) or (b) above, per hectare or part thereof examined

    On application 11.15 (10.90)
    (ii) A(i)(c) above, per crop examined

      11.15 (10.90)
    C. Seed lot fee
    Fee for the issue of an official certificate in respect of a seed lot entered On application 89.40 (87.20)



    SCHEDULE 6
    Regulation 3


    MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985[13]


    (1) (2) (3)  
    Matter When payable Fee
        £ £[14]
    A. Representations by, and hearings of, aseed merchant, processor or packer
    (i) Fee for making written representations to the Minister

    On making representations 27.95 (27.25)
    (ii) Fee for being heard by a person appointed by the Minister

    On applying to be heard 55.85 (54.50)
    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)

    Within one month of demand by the Minister, annually in advance 1,844.00 (1,799.00)
    (ii) Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed

    Within one month of demand by the Minister, annually in arrears 4.45 (4.35)"




EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which come into force on 1st July 1997, amend the Seeds (Fees) Regulations 1985 (as amended). They prescribe revised fees in respect of matters arising under the Cereal Seeds Regulations 1993 (as amended), the Fodder Plant Seeds Regulations 1993 (as amended), the Oil and Fibre Plant Seeds Regulations 1993 (as amended), the Beet Seeds Regulations 1993 (as amended), the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.

A uniform increase of 2.5% has been applied to all fees and has been rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations, which has been rounded to the nearest £1.

A Compliance Cost Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.


Notes:

[1] 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272) for a definition of "the Ministers".back

[2] S.I. 1985/981; relevant amending instruments are S.I. 1990/610 and 1996/1486.back

[3] S.I. 1993/2005, amended by S.I. 1995/1482 and 1997/616.back

[4] The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1997 (S.I. 1997/1415) on 1st July 1997.back

[5] S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453 and 1997/616.back

[6] The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1997 (S.I. 1997/1415) on 1st July 1997.back

[7] S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451 and 1997/616.back

[8] The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1997 (S.I. 1997/1415) on 1st July 1997.back

[9] S.I. 1993/2006, amended by S.I. 1997/616.back

[10] The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1997 (S.I. 1997/1415) on 1st July 1997.back

[11] S.I. 1993/2008, amended by S.I. 1996/1452 and 1997/616.back

[12] The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1997 (S.I. 1997/1415) on 1st July 1997.back

[13] S.I. 1985/980, amended by S.I. 1987/1098, 1990/611 and 1993/2530.back

[14] The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 before the coming into force of the Seeds (Fees) (Amendment) Regulations 1997 (S.I. 1997/1415) on 1st July 1997.back



ISBN 0 11 064580 4


 
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© Crown copyright 1997
Prepared 7 July 1997