The Seeds (National Lists of Varieties) Regulations 2001

[F1Maintainers of plant varietiesU.K.

7.—(1) The [F2appropriate authority] shall not grant an application for the substitution or addition of a maintainer of a variety accepted on to a [F3GB Variety List] unless they are satisfied the applicant is able to maintain the variety in accordance with the characteristics to which regard was had when the variety was accepted on to the [F3GB Variety List] [F4, and, in the case of a conservation variety, in its region of origin].

(2) For the purposes of a decision under paragraph (1) above the [F2appropriate authority] shall have regard to—

(a)the facilities and services available to the applicant for the purpose of enabling him to maintain the variety; and

(b)such information, documents, reproductive or other material of the plant variety and any of its components as the [F2appropriate authority] may have required under regulation 4.

(3) The [F2appropriate authority] may make arrangements for such examinations of reproductive or other material of the variety and any of its components produced by the applicant as appear to them to be necessary to establish that the material conforms with the characteristics to which regard was had when the variety was accepted on to the [F3GB Variety List].

(4) The applicant shall pay any fee prescribed for the purposes of this paragraph under regulation 10 in respect of the costs of any examinations carried out under arrangements made by the [F2appropriate authority] for the purposes of paragraph (3) above.

(5) If an application for acceptance of a variety on to a [F3GB Variety List] has not yet been determined the [F2appropriate authority] shall not accept a person proposed in the application as a maintainer of the variety, or grant an application in respect of that application for the substitution or addition of a person proposed as a maintainer, unless they are satisfied the person—

(a)is capable of maintaining the variety [F5, including, in the case of a conservation variety, maintaining it in its region of origin];

(b)has access to sufficient facilities and services for the purpose of enabling him to maintain the variety; and

(c)is willing to maintain the variety.

(6) The [F2appropriate authority] shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.]

Textual Amendments

F1Regulations revoked (N.I.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 5 (with savings and transitional provisions in S.R. 2020/302, reg. 25)

F2Words in regs. 3-7 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(4)