The Seeds (Fees) (Amendment) Regulations 1998

Link to law: http://www.legislation.gov.uk/uksi/1998/1396/made/data.htm?wrap=true
Published: 1998-06-02

Statutory Instruments
1998 No. 1396

SEEDS
The Seeds (Fees) (Amendment) Regulations 1998

Made
2nd June 1998

Laid before Parliament
5th June 1998

Coming into force
1st July 1998

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), 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 1998 and shall come into force on 1st July 1998.

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.

Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
2nd June 1998

Sewel
Parliamentary Under Secretary of State, Scottish Office
1st June 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
1st June 1998

Regulation 2

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

Regulation 3

“SCHEDULE 1MATTERS 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
23.45
(22.35)

(ii)certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

5.90
(5.60)

(iii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

5.25
(5.00)

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
11.70
(11.15)

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
38.70
(36.85)

(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

19.35
(18.45)

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
34.00
(32.40)

E. Fees for additional tests

Fee for a 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
39.90
(38.00)

Regulation 3

SCHEDULE 2MATTERS 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
17.60
(16.75)

(b)field beans and field peas

15.25
(14.50)

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

8.25
(7.85)

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

7.05
(6.70)

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
11.70
(11.15)

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
31.70
(30.20)

(b)field beans and field peas

51.60
(49.15)

(ii)pre-basic or basic seed of—

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

59.85
(57.00)

(b)field beans and field peas

51.60
(49.15)

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

59.85
(57.00)

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

48.10
(45.80)

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

52.80
(50.30)

Regulation 3

SCHEDULE 3MATTERS 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
25.85
(24.60)

(ii)all other categories of seed

12.35
(11.75)

B. Crop inspection fees

Fee for official examination orre-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined
On application
11.70
(11.15)

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
46.95
(44.70)

(ii)all other categories of seed

46.95
(44.70)

D. Seed testing fees

Fee 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
39.85
(37.95)

(ii)flax and linseed for:—

(a)Alternaria spp

(b)Phoma exiqua var. linicola

(c)Colletotrichum lini

(d)Fusarium spp

(e)Botrytis spp

32.80
(31.25)

Regulation 3

SCHEDULE 4MATTERS 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
30.50
(29.05)

(ii)certified seed

14.10
(13.45)

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
11.70
(11.15)

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
57.50
(54.75)

(ii)certified seed

56.30
(53.60)

Regulation 3

SCHEDULE 5MATTERS 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—

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

On application for registration
41.05
(39.10)

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

25.85
(24.60)

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

41.05
(39.10)

(ii)certified seed of—

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

22.25
(21.20)

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

10.55
(10.05)

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

22.25
(21.20)

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
11.70
(11.15)

(ii)A(i)(c) above, per crop examined

11.70
(11.15)

C. Seed lot fee

Fee for the issue of an official certificate in respect of a seed lot entered
On application
93.85
(89.40)

Regulation 3

SCHEDULE 6MATTERS 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, a seed merchant, processor or packer

(i)Fee for making written representations to the Minister

On making representations
29.35
(27.95)

(ii)Fee for being heard by a person appointed by the Minister

On applying to be heard
58.65
(55.85)

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
1,936.00
(1,844.00)

(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
4.65
(4.45)”

Explanatory Note

(This note is not part of the Regulations)
These Regulations, which come into force on 1st July 1998, 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 5 per cent. 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 regulatory appraisal 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.


(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”.

(2)
S.I. 1985/981; relevant amending instruments are S.I. 1990/610 and 1997/1415.

(3)
S.I. 1993/2005, amended by S.I. 1995/1482 and 1997/616.

(4)
The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 (S.I. 1985/981 as amended by S.I. 1997/1415) before the coming into force of the Seeds (Fees) (Amendment) Regulations 1998 on 1st July 1998.

(5)
S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453 and 1997/616.

(6)
The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 (S.I. 1985/981 as amended by S.I. 1997/1415) before the coming into force of the Seeds (Fees) (Amendment) Regulations 1998 on 1st July 1998.

(7)
S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451 and 1997/616.

(8)
The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 (S.I. 1985/981 as amended by S.I. 1997/1415) before the coming into force of the Seeds (Fees) (Amendment) Regulations 1998 on 1st July 1998.

(9)
S.I. 1993/2006, amended by S.I. 1997/616.

(10)
The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 (S.I. 1985/981 as amended by S.I. 1997/1415) before the coming into force of the Seeds (Fees) (Amendment) Regulations 1998 on 1st July 1998.

(11)
S.I. 1993/2008, amended by S.I. 1996/1452 and 1997/616.

(12)
The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 (S.I. 1985/981 as amended by S.I. 1997/1415) before the coming into force of the Seeds (Fees) (Amendment) Regulations 1998 on 1st July 1998.

(13)
S.I. 1985/980, amended by S.I. 1987/1098, 1990/611 and 1993/2530.

(14)
The figures in italics are the fees which were charged under the Seeds (Fees) Regulations 1985 (S.I. 1985/981 as amended by S.I. 1997/1415) before the coming into force of the Seeds (Fees) (Amendment) Regulations 1998 on 1st July 1998.
Read Entire Law on www.legislation.gov.uk