- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Forest Reproductive Material (Great Britain) Regulations 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
Regulation 4(1)(d)
1.—(a) General
The basic material must satisfy the requirements of Schedules 3 or 4 which are relevant to the type of basic material. Tests set up for the approval of basic material are to be prepared, laid out, conducted and their results interpreted in accordance with internationally recognised procedures, which the provisions of paragraph (e) require shall be approved by [F1the appropriate authority] in writing. For comparative tests, the reproductive material under test must be compared with one or preferably several standards approved by [F1the appropriate authority] or the standards set out in paragraph 3(b) below.
(b)Characters to be examined
(i)[F1The appropriate authority] shall be satisfied that tests relied on by an applicant seeking approval under regulation 7(7) are designed in such a way as to assess specific characters, which must be indicated for each test.
(ii)Weight shall be given in the testing process to adaptation, growth, biotic and abiotic factors of importance. In addition, [F1the appropriate authority] shall be satisfied that other characters which are important in light of the specified purpose, have been evaluated in relation to the ecological conditions of the region in which the test is carried out.
(c)Documentation
The age of the material and results at the time of the evaluation must be notified to [F1the appropriate authority].
(d)Setting up the tests
(i)Each sample of reproductive material shall be raised, planted and managed in an identical way as far as the types of plant material permit.
(ii)Each experiment must be established in a valid statistical design with a sufficient number of trees in order that the individual characteristics of each component under examination can be evaluated. The statistical design shall be approved by [F1the appropriate authority] in writing.
(e)Analysis and validity of results
(i)The data from experiments must be analysed using statistical methods, which [F1the appropriate authority] are satisfied are internationally recognised, and which they shall approve in writing; and results shall be presented to [F1the appropriate authority] for each character examined.
(ii)The methodology used for the test and the detailed results obtained shall be made freely available by the applicant to the public on request and payment of reasonable copying and postage charges.
(iii)An applicant seeking approval under regulation 7(7) shall inform [F1the appropriate authority] of the likely region of adaptation within the country in which the test was carried out and information as to any characteristics which might limit the usefulness of the material must also be provided to [F1the appropriate authority].
(iv)If during tests it is proved that the reproductive material produced from the basic material the subject of the application under regulation 7(7) does not possess the characteristics of the basic material, or similar resistance of the basic material to plant pests within the meaning of the Plant Health Act 1967(1) and any other harmful organisms which may have an undesirable economic impact, then such reproductive material shall be eliminated from further comparative testing.
Textual Amendments
F1Words in Sch. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 162 (with Sch. 7)
2.—(a) Only the components of the following basic material may be genetically evaluated: seed orchards, parents of family, clones and clonal mixtures.
(b)Documentation
The following additional documentation is required for approval of the basic material:
evidence or a statement of the identity, origin and pedigree of the evaluated components; and
evidence or a statement or plan of the crossing design used to produce the reproductive material used in the evaluation tests.
(c)Test procedures
The following requirements must be met:
the genetic value of each component must be estimated in two or more evaluation test-sites, at least one of which must be in an environment relevant to the proposed specified use of the reproductive material;
the estimated superiority of the reproductive material to be marketed shall be calculated on the basis of these genetic values and the specific crossing design; and
evaluation tests and genetic calculations must be approved in writing by [F1the appropriate authority].
(d)Interpretation
(i)The estimated superiority of the reproductive material shall be calculated against a reference population for a character or set of characters.
(ii)The applicant seeking approval under regulation 7(7) shall advise [F1the appropriate authority] whether the estimated genetic value of the reproductive material is inferior to the reference population for any important character.
Textual Amendments
F1Words in Sch. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 162 (with Sch. 7)
3.—(a) Sampling of the reproductive material
(i)The sample of the reproductive material for comparative testing must be truly representative of the reproductive material derived from the basic material to be approved.
(ii)Sexually produced reproductive material for comparative testing shall be:
harvested by methods that ensure that the samples obtained are representative;
harvested in years of good flowering and good fruit or seed production, and
in any event may be produced by artificial pollination.
(b)Standards
(i)The performance of standards used for comparative purposes in comparative tests should if possible have been known in the region in which the test is to be carried out over a sufficiently long period to enable their use as a standard, namely, they shall represent, in principle, material that has been shown useful for forestry at the time that the test starts, and in ecological conditions for which it is proposed to certify the material. They should come as far as possible from stands selected according to the criteria in Schedule 3 or from basic material approved by [F1the appropriate authority] or another official body for production of tested material.
(ii)For comparative testing of artificial hybrids, both parent species shall, if it is practically possible, be included among the standards.
(iii)Whenever possible several standards are to be used. When necessary and justified, standards may be replaced by the most suitable of the material under test or the mean of the components of the test.
(iv)The same standards will be used in all tests over as wide a range of site conditions as possible.
(c)Interpretation
(i)A statistically significant superiority as compared with the standards must be demonstrated for at least one important character.
(ii)The applicant under regulation 7(7) shall clearly report in his application for approval if there are any characters of economic or environmental importance which show significantly inferior results to the standards; and [F1the appropriate authority] must be satisfied before approving the basic material that the effect of these inferior qualities is compensated for by other favourable characters.
Textual Amendments
F1Words in Sch. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 162 (with Sch. 7)
4. The requirements of this Schedule are subject to the discretion of [F1the appropriate authority] to grant conditional approval under regulation 7(2).
Textual Amendments
F1Words in Sch. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 162 (with Sch. 7)
5. Nursery, greenhouse and laboratory tests may be accepted by [F1the appropriate authority] for approval or for conditional approval if they are satisfied that there is a close correlation between the measured trait and the characters which would normally be assessed in forest stage tests. Other characters to be tested must meet the requirements set out in paragraph 3.
Textual Amendments
F1Words in Sch. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 162 (with Sch. 7)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys