Sch. 1 para. 31 in operation at 31.12.2009, see reg. 1
The requirement contained in paragraph 23 (that CS seed be produced directly from officially certified basic seed) shall be treated as having been complied with in relation to CS seed in a case where—
the CS seed (in this paragraph called “the harvested CS seed”) has been harvested from a crop produced from basic seed to which sub-paragraph (2) or (3) applies, and
the variety of the harvested CS seed was not listed at the time when the basic seed referred to in sub-paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.
This sub-paragraph applies to basic seed—
that was harvested from a crop—
that was produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for a crop from which basic seed is to be produced;
that was produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed; or
that was produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority in that country to satisfy the Directive crop conditions for basic seed;
that—
was found by official UK seed test or UK seed testing carried out under official supervision to satisfy the conditions laid down in Part 2 of Schedule 4 for basic seed,
was found by seed testing carried out by or on behalf of the competent seed certification authority, or an authorised seed testing laboratory, in another member State to satisfy the Directive seed conditions for basic seed; or
was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for basic seed; and
that was of the same variety as the harvested CS seed.
This sub-paragraph applies to basic seed of a component of a hybrid veriety—
that complied with the requirements of sub-paragraph (2)(a) and (b), and
that was a component in the production of the harvested CS seed.