The Seeds (National Lists of Varieties) (Amendment) Regulations 1998

Amendments to the Seeds (National Lists of Varieties) Regulations 1982

2.—(1) The Seeds (National Lists of Varieties) Regulations 1982(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) After regulation 5 there shall be inserted the following–

“5A.   Notwithstanding the failure by an applicant for the entry of a variety in a National List to comply with the requirements of regulation 11(3) prior to the date of coming into force of the Seeds (National Lists of Varieties) (Amendment) Regulations 1998–

(a) his application shall be considered to have been lawfully entertained by the Ministers in accordance with regulation 5(1); and

(b) any entry of a variety pursuant to his application shall be considered to be valid.”.

(3) In regulation 11, paragraph (3) shall be omitted.

(4) The following regulation shall be inserted between regulation 11 and regulation 11A–

“11AA.   For the purposes of determining an application for the entry of a variety in a National List which was made before but has not been determined by the date of coming into force of the Seeds (National Lists of Varieties) (Amendment) Regulations 1998, any tests and trials conducted after the date of the application by or on behalf of the Ministers or by the National Institute of Agricultural Botany in relation to the variety with a view to establishing whether or not it conforms to the requirements of Schedule 2 shall be taken to be tests and trials required by regulation 11(1), notwithstanding the failure by the applicant to comply with the requirements of regulation 11(3) prior to that coming into force date.”.

(1)

S.I. 1982/844, relevant amending instruments are S.I. 1985/1529 and 1990/1353.