
1 
These Regulations may be cited as the Seed (Fees etc.) (Scotland) Regulations 2017 and come into force on 1st July 2017.
2 
These Regulations extend to Scotland only.
3 

(1) In these Regulations—
 “the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016;
 “the relevant person” means—
(a) a licensed crop inspector, where the fee is for an official examination carried out by a licensed crop inspector;
(b) a licensed seed sampler, where the fee is for the sampling of a seed lot for the purposes of an official examination carried out by a licensed seed sampler; or
(c) in any other case, the Scottish Ministers; and
 “the Seed Marketing Regulations” means—
(a) in relation to vegetable seed, the Vegetable Seeds Regulations 1993;
(b) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;
(c) in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;
(d) in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005; and
(e) in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010.
(2) Other words and expressions used in these Regulations have the same meaning as they do in the Seed Marketing Regulations or, as the case may be, the 2016 Regulations.
4 

(1) Paragraph (2) applies to matters set out in schedule 1 relating to the Seed Marketing Regulations.
(2) Where this paragraph applies—
(a) the relevant person must charge the appropriate fee for the matter set out in schedule 1; and
(b) the fee must be paid to the relevant person within one month of demand.
(3) Where paragraph A(ii) of schedule 1 applies, any initial fee which has been paid under paragraph A(i) must be repaid to the extent that it exceeds the fee payable under paragraph A(ii).
5 

(1) Paragraph (2) applies to matters set out in schedule 2 relating to the 2016 Regulations.
(2) Where this paragraph applies—
(a) the Scottish Ministers must charge the appropriate fee for the matter set out in schedule 2; and
(b) the fee must be paid to the Scottish Ministers within the relevant timescale set out in schedule 2.
6 
The Scottish Ministers may exempt any person or class of persons, or persons generally, from compliance with any of the provisions of these Regulations, subject to any conditions the Scottish Ministers think appropriate.
7 
The Seed (Fees) (Scotland) Regulations 2016 are revoked.
8 
In regulation 15(2) (right to make representations) of the 2016 Regulations , for “the person refused a licence” substitute “the person who applied for a licence under regulation 3”.
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
30th May 2017
SCHEDULE 1
Regulation 4


Matter Fee£
A. Initial fees
(i) Initial fee per hectare or part thereof, except where sub-paragraph (ii) applies, for applications in respect of crops intended to produce:— 

(a) Pre-basic Seed or Basic Seed 29.60(online applications)
30.13(other applications)

(b) Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Certified Seed of the Third Generation 4.25(online applications)
4.33(other applications)
(ii) Reduced initial fee per hectare or part thereof for applications referred to in sub-paragraph (i)(a) or (b) which are withdrawn before arrangements have been made for the purposes of an official examination. 2.80
(iii) Late application fee per crop payable in addition to initial fee under sub-paragraph (i)(a) or (b) where application is not made by the date for enabling arrangements to be made for an official examination of a crop grown to produce seed of a species to which any instrument comprising the Seed Marketing Regulations applies. 29.52
B. Crop inspection fees
(i) Fee for the official examination of crops other than a hybrid of swede rape intended to produce Pre-basic Seed, Basic Seed, 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. 19.14
(ii) Fee for the official field inspection of a hybrid of swede rape, per hectare or part thereof examined. 57.42
(iii) Fee for the further official examination of crops intended to produce Pre-basic Seed, Basic Seed, 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, except:— 19.14

(a) further official examination of crops for wild oats, per hectare or part thereof examined 8.81

(b) further official examination of crops in respect of isolation distance, per hectare or part thereof examined 3.46

(c) further official examination of crops which have been lodged, per hectare or part thereof examined 7.79
(iv) Fee for the authentication of seed lot sown (where this has not been carried out at crop inspection), per crop. 7.79
(v) Fee for the official examination of crops where there has been an official post control the results of which have been unsatisfactory, per hectare or part thereof examined. 19.14
(vi) Fee payable in addition to fee under sub-paragraph (i) to (v) above where arrangements have been made for an official examination to be carried out by a licensed crop inspector and the applicant subsequently requests that the examination be carried out instead by the Scottish Ministers. 29.52
C. Seed lot fees
Fee for issuing an official certificate or a breeder’s confirmation (other than in the circumstances described under paragraph D below) in respect of a seed lot certifying the seed to be:— 

(i) of a multiplication category 85.00(online applications)
86.53(other applications)

(ii) of a final generation category 33.00(online applications)
33.59(other applications)
D. Seed lot re-entry fee
Fee for issuing an official certificate or a breeder’s confirmation in respect of a seed lot where, following an application for certification of the seed to be within one particular category, that application has been withdrawn and a new application has been submitted for certification of the seed within another category, as follows:— 

(i) Pre-basic Seed, Basic Seed, Certified Seed or Certified Seed of the First Generation 35.63

(ii) Certified Seed of the Second Generation or Certified Seed of the Third Generation 17.76
E. Sampling fees
Fee per seed lot for the sampling or re-sampling of a seed lot for the purposes of an official examination, and for sampling or re-sampling imported seed intended for further multiplication. 51.02
F. Official label fees
Fee per seed lot for the issue and printing of a:— 

(i) tear resistant label for Pre-basic Seed, seeds for export or seeds following the issue of a breeder’s confirmation 41.23

(ii) self adhesive label for Pre-basic Seed, seeds for export or seeds following the issue of a breeder’s confirmation 28.50
G. OECD Certificate
Fee per certificate for issuing an Organisation for Economic Co-operation and Development (OECD) Certificate. 25.45
H. Higher Voluntary Standards (HVS)
Fee per seed lot for verification that a seed lot meets the applicable Higher Voluntary Standards (HVS). 7.13
SCHEDULE 2
Regulation 5


Matter When payable Fee£
A. Representations by, and hearings of, a licensed professional seed operator, licensed crop inspector, licensed seed sampler or personnel pertaining to a licensed seed testing station
(i) Fee for making written representations to the Scottish Ministers On making representations 33.95
(ii) Fee for being heard by a person appointed by the Scottish Ministers On applying to be heard 67.95
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 or on behalf of the Scottish Ministers, annually in advance 1650.00
(ii) Fee payable by a licensed seed testing station in respect of an official examination of seed Within one month of demand by or on behalf of the Scottish Ministers, annually in arrears 7.50
C. Cereal crop inspection courses and examination
Fee for:— Within one month of demand by or on behalf of the Scottish Ministers 
(i) Cereal crop inspection course  629.12
(ii) Initial examination and compulsory retest—  

(a) all 3 species groups  98.44

(b) 2 species  72.48

(c) 1 species only  36.24
D. Seed sampling courses and examination
Fee for:— Within one month of demand by or on behalf of the Scottish Ministers 

(i) Tuition and examination for seed samplers licence (administrative and sampling elements)  422.47

(ii) Tuition and examination for seed samplers licence (administrative element only)  126.74

(iii) Re-examination fee for seed samplers licence with sampling function enabled  36.95

(iv) Re-examination fee for seed samplers licence with sampling function not enabled  10.59
E. Seed analyst courses and examination
Fee for:— Within one month of demand by or on behalf of the Scottish Ministers 

(i) Laboratory management course registration  1112.67

(ii) Laboratory management course attendance and examination (per day or part thereof)  419.42

(iii) Analyst course registration  1841.56

(iv) Analyst course registration – additional and retake divisions (per division)  179.17

(v) Analyst course attendance (per day or part thereof. Number of days depends on division)  419.42

(vi) Analyst course examination (per day or part thereof)  419.42

(vii) Tetrazolium testing course attendance (per day or part thereof)  433.67

(viii) Tetrazolium testing course examination (per day or part thereof)  433.67