Statutory Instruments
1996 No. 1486
SEEDS
The Seeds (Fees) (Amendment) Regulations 1996
Made
5th June 1996
Laid before Parliament
10th June 1996
Coming into force
1st July 1996
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 now vested in them(2) 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 1996 and shall come into force on 1st July 1996.
Amendment
2. For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985(3) there shall be substituted the Schedules set out in the Schedule to these Regulations.
Revocation
3. The Seeds (Fees) (Amendment) Regulations 1993(4) are revoked.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th June 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
5th June 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
24th May 1996
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(5)
(1)
(2)
(3)
Matter
When payable
Fee
£
£(6)
Initial fees
A. Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
(i)pre-basic or basic seed
21.80
(20.00)
(ii)certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
5.45
(5.00)
(iii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
4.90
(4.50)
Crop inspection fees
B. 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
10.90
(10.00)
Seed lot fee
C. Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(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
35.95
(33.00)
(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
18.00
(16.50)
Seed testing fees
D. 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
31.60
(29.00)
MFees for additional tests
E. 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
37.05
(34.00)”
Regulation 3
SCHEDULE 2MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993(7)
(1)
(2)
(3)
Matter
When payable
Fee
£
£(8)
Initial fees
A. Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
(i)pre-basic or basic seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
16.35
(15.00)
(b)field beans and field peas
14.15
(13.00)
(ii)certified seed of grasses, legumes (except field beans and field peas) and crucifers
7.65
(7.00)
(iii)certified seed of the first and second generation of field beans and field peas
6.55
(6.00)
Crop inspection fee
B. 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
10.90
(10.00)
Seed lot fee
C. Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i)breeder’s seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
29.45
(27.00)
(b)field beans and field peas
47.95
(44.00)
(ii)pre-basic or basic seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
55.60
(51.00)
(b)field beans and field peas
47.95
(44.00)
(iii)certified seed of grasses, legumes (except field beans and field peas) and crucifers
55.60
(51.00)
(iv)certified seed of the first and second generation of field beans and field peas
44.70
(41.00)
(v)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993
49.05
(45.00)
Regulation 3
SCHEDULE 3MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993(9)
(1)
(2)
(3)
Matter
When payable
Fee
£
£(10)
Initial fees
A. Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
(i)pre-basic or basic seed
24.00
(22.00)
(ii)all other categories of seed
11.45
(10.50)
Crop inspection fees
B. 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
10.90
(10.00)
Seed lot fee
C. Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i)breeder’s, pre-basic or basic seed
43.60
(40.00)
(ii)all other categories of seed
43.60
(40.00)
Seed testing fees
D. Fees for an official examination of seed for:—
Within one month of demand by or on behalf of the appropriate Minister
(i)sunflower for Botrytis spp
37.05
(34.00)
(ii)flax and linseed for:—
(a)Alternaria spp
(b)Phoma exiqua var.linicola
(c)Colletotrichum lini
(d)Fusarium spp
(e)Botrytis spp
30.50
(28.00)
Regulation 3
SCHEDULE 4MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993(11)
(1)
(2)
(3)
Matter
When payable
Fee
£
£(12)
Initial fees
A. Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
(i)pre-basic or basic seed
28.35
(26.00)
(ii)certified seed
13.10
(12.00)
Crop inspection fees
B. 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
10.90
(10.00)
Seed lot fee
C. Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i)pre-basic or basic seed
53.40
(49.00)
(ii)certified seed
52.30
(48.00)
Regulation 3
SCHEDULE 5MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993(13)
(1)
(2)
(3)
Matter
When payable
Fee
£
£(14)
Initial fees
A. Initial fee for crops intended to produce:
On application for registration
(i)pre-basic or basic seed of—
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
38.15
(35.00)
(b)peas and broad beans per hectare or part thereof entered
24.00
(22.00)
(c)cucumber, gherkin and tomato, per crop entered
38.15
(35.00)
(ii)certified seed of—
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
20.70
(19.00)
(b)peas and broad beans per hectare or part thereof entered
9.80
(9.00)
(c)cucumber, gherkin and tomato, per crop entered
20.70
(19.00)
Crop inspection fees
B. Fee for official examination or re-examination of crops intended to produce:
On application
(i)A(i)(a) or (b) above, per hectare or part thereof examined
10.90
(10.00)
(ii)A(i)(c) above, per crop examined
10.90
(10.00)
Seed lot fee
C. Fee for the issue of an official certificate in respect of a seed lot entered
On application
87.20
(80.00)
Regulation 3
SCHEDULE 6MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985(15)
(1)
(2)
(3)
Matter
When payable
Fee
£
£(16)
Representations by, and hearings of, a seed merchant, processor or packer
(i)A. Fee for making written representations to the Minister
On making representations
27.25
(25.00)
(ii)Fee for being heard by a person appointed by the Minister
On applying to be heard
54.50
(50.00)
Licensed Seed Testing Stations
(i)B. 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
1,799.00
(1,650.00)
(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
4.35
(4.00)
Explanatory Note
(This note is not part of the Regulations)
These Regulations, which come into force on 1st July 1996, amend the Seeds (Fees) Regulations 1985. 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, the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2). The Seeds (Fees) (Amendment) Regulations 1993 are revoked (regulation 3).
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 9% 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 in relation to these Regulations has been placed in the libraries of both Houses of Parliament, and 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 section 4(1) of and paragraph 5(1), (2) and (3) of Schedule 4 to the European Communities Act 1972 (c. 68); see section 38(1) for a definition of “the Ministers”.
(2)
In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.
(3)
S.I. 1985/981; relevant amending instruments are S.I. 1990/610, 1993/429.
(4)
S.I. 1993/429.
(5)
S.I. 1993/2005, amended by S.I. 1995/1482.
(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 1996 (S.I. 1996/1486) on 1st July 1996.
(7)
S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453.
(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 1996 (S.I. 1996/1486) on 1st July 1996.
(9)
S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451.
(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 1996 (S.I. 1996/1486) on 1st July 1996.
(11)
S.I. 1993/2006.
(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 1996 (S.I. 1996/1486) on 1st July 1996.
(13)
S.I. 1993/2008, amended by S.I. 1996/1452.
(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 1996 (S.I. 1996/1486) on 1st July 1996.
(15)
S.I. 1985/980, amended by S.I. 1987/1098, 1990/611, 1993/2530.
(16)
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 1996 (S.I. 1996/1486) on 1st July 1996.