The Cereal Seed (England) Regulations 2002 (revoked)

Lodging of field inspection reports and similar documents U.K.

9.—(1) Subject to paragraphs (2) and (3), an application to lodge a copy of a document to which paragraph (2) applies may be made to the Secretary of State by a registered person.

(2) This paragraph applies—

(a) in relation to a crop produced in England, to a field inspection report issued under regulation 8(9), (10), (11) or (12);

(b) in relation to a crop produced in the United Kingdom elsewhere than in England, to a report relating to the crop equivalent to that specified in sub-paragraph (a) issued—

(i) by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, or

(ii) by a licensed crop inspector;

(c) in relation to a crop produced in another member State, to an Annex V(C) document relating to the crop issued by or on behalf of the competent seed certification authority in the member State; and

(d) in relation to a crop produced in an equivalent third country, to [F1 an Annex II.A(3) official certificate] relating to the crop issued by the approved seed certification authority in that country.

(3) An application made under this regulation—

(a) shall be made in such form and manner as the Secretary of State may require;

(b) shall be made within such time as the Secretary of State may require but, unless otherwise permitted by the Secretary of State, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the Secretary of State under regulation 12;

(c) shall, subject to paragraph (4), be accompanied—

(i) in relation to a crop produced in England, by a copy of the document referred to in paragraph (2)(a);

(ii) in relation to a crop produced in the United Kingdom elsewhere than in England, by a copy of the document referred to in paragraph 2(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category and, where applicable, level of seed has already been provided to the Secretary of State by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be);

(iii) in relation to a crop produced in another member State, by a copy of the document referred to in paragraph 2(c);

(iv) in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph 2(d); and

(v) by such other information and documents as the Secretary of State may require.

(4) The Secretary of State may permit, subject to any conditions that she may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 8(3) to be accompanied by the following document instead of the field inspection report issued under regulation 8(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which an application has been made by the applicant under regulation 8(3))—

(a) that states, by reference to the relevant category and, where appropriate, level, the conditions met by that crop;

(b) that identifies the licensed crop inspector or inspectors who inspected the crop;

(c) that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the Secretary of State on demand and that a copy of the report will be made available to her on request during that period; and

(d) that contains such other information as the Secretary of State may require.

(5) Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Secretary of State on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to her on request during that period.

Textual Amendments

F1 Words in reg. 9(2)(d) substituted (8.10.2004) by The Cereal Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2386), regs. 1, 2(3)