Statutory Instruments
2002 No. 1563
SEEDS, ENGLAND
The Seeds (Fees) (Amendment) (England) Regulations 2002
Made
12th June 2002
Laid before Parliament
28th June 2002
Coming into force
23rd July 2002
The Secretary of State, 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 her 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 2002, shall extend to England and shall come into force on 23rd July 2002.
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.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
12th June 2002
Regulation 2
SCHEDULE PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985
Regulation 3
“ SCHEDULE 1 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: | On application for registration | |||
(i) pre-basic or basic seed | 27.15 | (25.85) | ||
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize | 6.85 | (6.50) | ||
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 6.10 | (5.80) | ||
| 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 | 13.55 | (12.90) | |
| 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 | 13.55 | (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: | 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 | 44.85 | (42.70) | ||
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 22.35 | (21.30) | ||
| 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 | 39.40 | (37.50) | |
| 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 | 46.20 | (44.00) | |
| F. | 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: | On application | |||
(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 | 31.35 | (29.85) | ||
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 15.65 | (14.90) |
Regulation 3
SCHEDULE 2 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: | On application for registration | |||
(i) pre-basic or basic seed of— | ||||
(a) grasses, legumes (except field beans and field peas) and crucifers | 20.40 | (19.45) | ||
(b) field beans and field peas | 17.65 | (16.80) | ||
(ii) certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 9.55 | (9.10) | ||
(iii) certified seed of the first and second generation of field beans and field peas | 8.15 | (7.75) | ||
(iv) certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 9.55 | (9.10) | ||
| 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 | 13.55 | (12.90) | |
| 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 of grasses, legumes, (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas or certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne per hectare or part thereof examined. | On application | 13.55 | (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: | On application | |||
(i) breeder’s seed of— | ||||
(a) grasses, legumes (except field beans and field peas) and crucifers | 36.70 | (34.95) | ||
(b) field beans and field peas | 59.75 | (56.90) | ||
(ii) pre-basic or basic seed of— | ||||
(a) grasses, legumes (except field beans and field peas) and crucifers | 69.30 | (66.00) | ||
(b) field beans and field peas | 59.75 | (56.90) | ||
(iii) certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 69.30 | (66.00) | ||
(iv) certified seed of the first and second generation of field beans and field peas | 55.70 | (53.05) | ||
(ivA) certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 69.30 | (66.00) | ||
(v) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 | 61.10 | (58.20) | ||
| 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: | On application | |||
(i) pre-basic or basic seed of— | ||||
(a) grasses, legumes (except field beans and field peas) and crucifers | 48.50 | (46.20) | ||
(b) field beans and peas | 41.85 | (39.85) | ||
(ii) certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 48.50 | (46.20) | ||
(iii) certified seed of the first and second generation of field beans and peas | 38.95 | (37.10) | ||
(iiiA) certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 48.50 | (46.20) | ||
(iv) commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 | 42.80 | (40.75) |
Regulation 3
SCHEDULE 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: | On application for registration | |||
(i) pre-basic or basic seed | 29.95 | (28.50) | ||
(ii) all other categories of seed | 14.30 | (13.60) | ||
| 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 | 13.55 | (12.90) | |
| 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 | 13.55 | (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: | On application | |||
(i) breeder's, pre-basic or basic seed | 54.35 | (51.75) | ||
(ii) all other categories of seed | 54.35 | (51.75) | ||
| D. | Seed testing fees | |||
| 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 | 46.15 | (43.95) | ||
(ii) flax and linseed for: | 37.95 | (36.15) | ||
(a) Alternaria spp | ||||
(b) Phoma exiqua var. linicola | ||||
(c) Colletotrichum lini | ||||
(d) Fusarium spp | ||||
(e) Botrytis spp | ||||
(iii) soya bean for Pseudomonas syringae pv. glycinea spp | ||||
| 66.15 | (63.00) | ||
| 220.50 | (210.00) | ||
(iv) soya bean for Diaporthe phaselorum spp | 41.35 | (39.40) | ||
| E. | Seed lot re-entry fee | On application | 38.05 | (36.25) |
| 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 |
Regulation 3
SCHEDULE 4 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: | On application for registration | |||
(i) pre-basic or basic seed | 35.35 | (33.65) | ||
(ii) certified seed | 16.35 | (15.55) | ||
| 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 | 13.55 | (12.90) | |
| 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 | 13.55 | (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: | On application | |||
(i) pre-basic or basic seed | 66.55 | (63.40) | ||
(ii) certified seed | 65.15 | (62.05) | ||
| 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: | On application | |||
(i) pre-basic or basic seed | 46.60 | (44.40) | ||
(ii) certified seed | 45.60 | (43.45) |
Regulation 3
SCHEDULE 5 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: | 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 | 47.50 | (45.25) | ||
(b) peas and broad beans per hectare or part thereof entered | 29.95 | (28.50) | ||
(c) cucumber, gherkin and tomato, per crop entered | 47.50 | (45.25) | ||
(ii) certified seed of: | ||||
(a) all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered | 25.75 | (24.50) | ||
(b) peas and broad beans per hectare or part thereof entered | 12.25 | (11.65) | ||
(c) cucumber, gherkin and tomato, per crop entered | 25.75 | (24.50) | ||
| B. | Crop inspection fees | |||
| 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 | 13.55 | (12.90) | ||
(ii) A(i)(c) above, per crop examined | 13.55 | (12.90) | ||
| 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: | On application | |||
(i) A(ii)(a) or (b) above, per hectare or part thereof examined | 13.55 | (12.90) | ||
(ii) A(ii)(c) above, per crop examined | 13.55 | (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 | 108.70 | (103.50) | |
| 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 | 76.05 | (72.45) |
Regulation 3
SCHEDULE 6 MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985 ( 13 )
| (1) | (2) | (3) | ||
|---|---|---|---|---|
| Matter | When payable | Fee | Old fee | |
| £ | £ ( 14 ) | |||
| A. | Representations by, and hearings of, a seed merchant, processor or packer | |||
(i) Fee for making written representations to the Secretary of State | On making representations | 33.95 | (32.35) | |
(ii) Fee for being heard by a person appointed by the Secretary of State | On applying to be heard | 67.95 | (64.70) | |
| 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 Secretary of State annually in advance | 1,800.00 | (2,135.00) | |
(ii) Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed | Within one month of demand by the Secretary of State, annually in arrears | 9.65 | (9.20) | |
| C. | Examination fees | |||
(i) Examination for crop inspector in respect of: | ||||
| ||||
| ||||
| ||||
(a) examination | Before the examination | 157.45 | (149.95) | |
(b) re-sit of examination (other than cereals) | Before the examination | 157.45 | (149.95) | |
(c) re-sit of either part of cereals examination | Before the examination | 78.70 | (74.95) | |
(d) re-test | Before the examination | 78.70 | (74.95) | |
(ii) Examination for crop inspector in respect of | ||||
| ||||
| ||||
(a) examination | Before the examination | 98.40 | (93.70) | |
(b) re-sit of examination | Before the examination | 98.40 | (93.70) | |
(c) re-test | Before the examination | 78.70 | (74.95) | |
(iii) Examination for seed sampler | Before the examination | 98.40 | (93.70) ” |
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. In respect of the Secretary of State, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food Dissolution Order 2002 (S.I. 2002/794 ).
S.I. 1985/981 ; relevant amending instruments are S.I. 1990/610 , 1999/1553 , 1865 and 2698 , 2000/1542 and 2001/2598 .
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 2002 (S.I. 2002/1563 ) on 23rd July 2002.
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 2002 (S.I. 2002/1563 ) on 23rd July 2002.
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 2002 (S.I. 2002/1563 ) on 23rd July 2002.
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 2002 (S.I. 2002/1563 ) on 23rd July 2002.
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 2002 (S.I. 2002/1563 ) on 23rd July 2002.
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 2002 (S.I. 2002/1563 ) on 23rd July 2002.