The Forest Reproductive Material (Great Britain) Regulations 2002

Registration of suppliers of forest reproductive material E+W+S

16.—(1) No person shall market or import forest reproductive material if he does so acting in the course of a business or trade whether or not for profit unless his name appears in the Register of Suppliers of Forest Reproductive Material (“the Register of Suppliers”).

[F1 (1A) The Register of Suppliers shall be maintained in [F2 three] parts, namely—

(a) a part maintained by the Welsh Ministers which shall record suppliers whose principal place of business or trade is in Wales;

(b) a part maintained by the Commissioners which shall record suppliers whose principal place of business or trade is in England F3 ....

[F4 (c) a part maintained by the Scottish Ministers which shall record suppliers whose principal place of business or trade is in Scotland.]

(1B) In this regulation and regulations 18 and 22, “the appropriate authority” means—

(a) the Welsh Ministers, in relation to a supplier whose principal place of business or trade is in Wales;

[F5 (aa) the Scottish Ministers, in relation to a supplier whose principal place of business or trade is in Scotland,]

(b) the Commissioners, in relation to a supplier whose principal place of business or trade is in England F6 ....]

(2) Any person seeking entry of his name in the Register of Suppliers shall apply to [F7 the appropriate authority] in writing, paying [F8 the appropriate authority's] prescribed fee, if any, and providing the following—

(a) his name, address and contact details;

(b) the nature of his business or trade in the course of which he supplies forest reproductive material; and

(c) if different from the address provided under sub-paragraph (a), each address at which he produces, stores or markets forest reproductive material.

(3) [F9 The appropriate authority] shall enter in the Register of Suppliers the name of a supplier (a “registered supplier”) whose application has been submitted in accordance with paragraph (2), except that if they are satisfied that upon their doing so, a breach of these Regulations is likely to occur within a reasonable time after entry of the applicant’s name in the Register of Suppliers, or if they are not satisfied that the applicant is or intends to be a supplier or importer of forest reproductive material, they need not enter the applicant’s name in the Register of Suppliers, and shall instead provide the applicant, within 14 days of reaching such a decision, with written reasons for doing so.

(4) If [F9 the appropriate authority] are satisfied that a breach of these Regulations has occurred for which the registered supplier is responsible, they may—

(a) on giving 28 days' notice in writing specifying their reasons for doing so, remove a registered supplier’s name from the Register of Suppliers; or

(b) on giving 14 days' notice in writing specifying their reasons for doing so, impose conditions upon the supplier’s continuing registration.

(5) Where [F9 the appropriate authority] act under paragraph (4) to remove a supplier’s name from the Register of Suppliers or impose conditions on his registration in reliance wholly or partly on seed testing results obtained from an independent third party, they shall provide to the supplier when giving notice under paragraph (4) a copy of those results in documentary form.

(6) [F10 The Commissioners [F11 , the Scottish Ministers] and the Welsh Ministers shall each make that part of the Register of Suppliers which they maintain] available for inspection by the public whether by electronic means or in paper form.

Textual Amendments

F1 Reg. 16(1A)(1B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(2) (with Sch. 7)

F2 Word in reg. 16(1A) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(a)(i); S.S.I. 2019/47, reg. 2

F3 Words in reg. 16(1A)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(a)(ii); S.S.I. 2019/47, reg. 2

F4 Reg. 16(1A)(c) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(a)(iii); S.S.I. 2019/47, reg. 2

F5 Reg. 16(1B)(aa) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(b)(i); S.S.I. 2019/47, reg. 2

F6 Words in reg. 16(1B)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(b)(ii); S.S.I. 2019/47, reg. 2

F7 Words in reg. 16(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(3)(a) (with Sch. 7)

F8 Words in reg. 16(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(3)(b) (with Sch. 7)

F9 Words in reg. 16(3)-(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. 147(4) (with Sch. 7)

F10 Words in reg. 16(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(5) (with Sch. 7)

F11 Words in reg. 16(6) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(c); S.S.I. 2019/47, reg. 2