Statutory Instrument 2000 No. 1542

The Seeds (Fees) (Amendment) (England) Regulations 2000

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2000 No. 1542

SEEDS, ENGLAND

The Seeds (Fees) (Amendment) (England) Regulations 2000

	Made	7th June 2000
	Laid before Parliament	12th June 2000
	Coming into force	7th July 2000

The Minister of Agriculture, Fisheries and Food, in relation to England, in exercise of the powers conferred by sections 16(1) and (1A)(e) 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 him to be concerned, hereby makes the following Regulations:

Title, extent and commencement
    1.These Regulations may be cited as the Seeds (Fees) (Amendment) (England) Regulations 2000, shall extend to England and shall come into force on 7th July 2000.

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.


HAYMAN
Minister of State Ministry of Agriculture, Fisheries and Food

7th June 2000



SCHEDULERegulation 2


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

" SCHEDULE 1Regulation 3


MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993[3]



(1)	(2)	(3)
Matter	When payable	Fee	Old 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	25.85	(24.60)
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		6.50	(6.20)
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		5.80	(5.50)
B. Crop inspections
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	12.90	(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined.	On application	12.90	( - )
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under F. below) 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	42.70	(40.65)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		21.30	(20.30)
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	37.50	(35.70)
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	44.00	(41.90)
F. Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which has entered for one category and has been withdrawn and is being re-entered as: -  (i) pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize	On application	29.85	(28.45)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		14.90	(14.20)




SCHEDULE 2Regulation 3


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



(1)	(2)	(3)
Matter	When payable	Fee	Old 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	19.45	(18.50)
(b) field beans and field peas		16.80	(16.00)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		9.10	(8.65)
(iii) certified seed of the first and second generation of field beans and field peas		7.75	(7.40)
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	12.90	(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or the equivalent list in another Member State) intended to produce certified seed of grasses, legumes (except field beans and field peas) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas per hectare or part thereof examined.	On application	12.90	( - )
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D. below) 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	34.95	(33.30)
(b) field beans and field peas		56.90	(54.20)
(ii) pre-basic or basic seed of -  (a) grasses, legumes (except field beans and field peas) and crucifers		66.00	(62.85)
(b) field beans and field peas		56.90	(54.20)
(iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		66.00	(62.85)
(iv) certified seed of the first and second generation of field beans and field peas		53.05	(50.50)
(v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993		58.20	(55.45)
D. Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as: -  (i) pre-basic or basic seed of -  (a) grasses, legumes (except field beans and field peas) and crucifers	On application	46.20	(44.00)
(b) field beans and peas		39.85	(37.95)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers		46.20	(44.00)
(iii) certified seed of the first and second generation of field beans and peas		37.10	(35.35)
(iv) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993		40.75	(38.80)




SCHEDULE 3Regulation 3


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



(1)	(2)	(3)
Matter	When payable	Fee	Old 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	28.50	(27.15)
(ii) all other categories of seed		13.60	(12.95)
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	12.90	(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation, per hectare or part thereof examined.	On application	12.90	( - )
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as: -  (i) breeder's, pre-basic or basic seed	On application	51.75	(49.30)
(ii) all other categories of seed		51.75	(49.30)
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	43.95	(41.85)
(ii) flax and linseed for: -  (a) Alternaria spp (b) Phoma exiqua var. linicola (c) Colletotrichum lini (d) Fusarium spp (e) Botrytis spp		36.15	(34.45)
(iii) soya bean for Pseudomonas syringae pv. glycinea spp
for one sub-sample test		63.00	60.00
for five sub-sample tests		210.00	(200.00)
(iv) soya bean for Diaporthe phaselorum spp		39.40	(37.50)
E. Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category	On application	36.25	(34.50)




SCHEDULE 4Regulation 3


MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993[9]



(1)	(2)	(3)
Matter	When payable	Fee	Old 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	33.65	(32.05)
(ii) certified seed		15.55	(14.80)
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	12.90	(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined.	On application	12.90	( - )
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as -  (i) pre-basic or basic seed	On application	63.40	(60.40)
(ii) certified seed		62.05	(59.10)
D. Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as: -  (i) pre-basic or basic seed	On application	44.40	(42.30)
(ii) certified seed		43.45	(41.40)




SCHEDULE 5Regulation 3


MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993[11]



(1)	(2)	(3)
Matter	When payable	Fee	Old 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	45.25	(43.10)
(b) peas and broad beans per hectare or part thereof entered		28.50	(27.15)
(c) cucumber, gherkin and tomato, per crop entered		45.25	(43.10)
(ii) certified seed of -  (a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered		24.50	(23.35)
(b) peas and broad beans per hectare or part thereof entered		11.65	(11.10)
(c) cucumber, gherkin and tomato, per crop entered		24.50	(23.35)
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	12.90	(12.30)
(ii) A(i)(c) above, per crop examined		12.90	(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce: (i) A(ii)(a) or (b) above, per hectare or part thereof examined	On application	12.90	( - )
(ii) A(ii)(c) above, per crop examined		12.90	( - )
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered	On application	103.50	(98.55)
D. Seed lot re-entry fee
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category	On application	72.45	(69.00)




SCHEDULE 6Regulation 3


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



(1)	(2)	(3)
Matter	When payable	Fee	Old fee
		£	£[14]
A. Representation by, and hearings of, a seed merchant, processor or packer
(i) Fee for making written representations to the Minister	On making representations	32.35	(30.80)
(ii) Fee for being heard by a person appointed by the Minister	On applying to be heard	64.70	(61.60)
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	2,135.00	(2,033.00)
(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	9.20	(8.75)
C. Examination fees
(i) Examination for crop inspector in respect of  -  cereals  -  field beans, field peas and pulses, or  -  grasses and herbage legumes.
(a) examination	Before the examination	149.95	(142.80)
(b) re-sit of examination (other than creals)	Before the examination	149.95	(142.80)
(c) re-sit of either part of cereals examination	Before the examination	74.95	(71.40)
(d) re-test	Before the examination	74.95	(71.40)
(ii) Examination for crop inspector in respect of  -  sugar beet, or  -  fodder and oil crucifers; turnips; fodder beet and mangels; flax and linseed; soya beans.
(a) examination	Before the examination	93.70	(89.25)
(b) re-sit of examination	Before the examination	93.70	(89.25)
(c) re-test	Before the examination	74.95	(71.40)
(iii) examination for seed sampler	Before the examination	93.70	(89.25)

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations 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 amd 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 are chargeable before these Regulations came into force are printed in italics besides the revised fees. New fees have been introduced for crop examinations of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed for the third generation.

All fees have been increased by 5 per cent. 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 Impact Assessment has been prepared and placed in the library of each House 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.

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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 Minister". Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.back

[2] S.I. 1985/981; relevant amending instruments are S.I. 1990/610 and 1999/1553, 1865 and 2698.back

[3] S.I. 1993/2005, amended by S.I. 1995/1482, 1997/616 and 1999/1860 and 2196.back

[4] The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (England) Regulations 2000 (S.I. 2000/1542) on 7th July 2000.back

[5] S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453, 1997/616 and 1999/1864.back

[6] The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (England) Regulations 2000 (S.I. 2000/1542) on 7th July 2000; where no figure is stated no fee was previously charged for the matter.back

[7] S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451, 1997/616 and 1999/1862.back

[8] The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (England) Regulations 2000 (S.I. 2000/1542) on 7th July 2000; where no figure is stated no fee was previously charged for the matter.back

[9] S.I. 1993/2006, amended by S.I. 1997/616 and 1999/1861.back

[10] The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (England) Regulations 2000 (S.I. 2000/1542) on 7th July 2000; where no figure is stated no fee was previously charged for the matter.back

[11] S.I. 1993/2008, amended by S.I. 1996/1452, 1997/616 and 1999/1863.back

[12] The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (England) Regulations 2000 (S.I. 2000/1542) on 7th July 2000; where no figure is stated no fee was previously charged for the matter.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 these Regulations before the coming into force of the Seeds (Fees) (Amendment) (England) Regulations 2000 (S.I. 2000/1542) on 7th July 2000back

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ISBN 0 11 099526 0

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