The Forest Reproductive Material (Great Britain) Regulations 2002

Keeping and production of documents E+W+S

26.—(1) Subject to paragraph (2), any applicant under regulation 7(7) who seeks or obtains approval of basic material shall, for a period of five years from the date of his application, retain copies of any documentation referred to in Schedules 2 to 5 as he has obtained or created pursuant to his application, and in particular, in respect of basic material intended for the production of forest reproductive material to be certified as “tested”, shall keep and retain records which describe test sites, including location, climate, soil, past use, establishment, management and any damage due to abiotic or biotic factors.

(2) An applicant under regulation 7(7) who is unsuccessful in obtaining approval of basic material, shall cease to be subject to the obligations of paragraph (1) after his time has expired for appealing against a decision of the Commissioners [F1 , the Scottish Ministers] [F2 or the Welsh Ministers (as the case may be)] not to approve the basic material the subject of the application, or, in the case where he lodges an appeal against such a decision, on the expiry of his time for further appeal after receiving notification of a decision of the Tribunal or other relevant appeal body rejecting his appeal.

(3) Any registered supplier and any other person who undertakes the collecting or production, storage, processing, or transportation of forest reproductive material (“relevant activities”) shall–

(a) retain or cause to be retained such of the following documents as he has obtained or created pursuant to these Regulations or, where in accordance with these Regulations, the original is no longer retained, a copy thereof:

(i) notification under regulation 11 of the proposed collection of forest reproductive material and any written authorization or evidence of the collector’s authority to collect that forest reproductive material ;

(ii) Master Certificate;

(iii) evidence of any assessment undertaken for the purpose of regulation 19(2), including the date on which the assessment was made;

(iv) supplier’s label or document;

(v) licence granted under regulation 18;

(vi) communication required under regulation 22;

[F3 (vii) [F4 UK] plant passports and phytosanitary certificates;

(viii) notification under regulation 25 of intended import of forest reproductive material; and]

(b) retain or cause to be retained if so required by a notice in writing served on him by the Commissioners [F5 , the Scottish Ministers] [F6 or the Welsh Ministers], such other records relating to relevant activities, or to activities undertaken as a registered supplier, in such form, as may be specified in the said notice.

(4) All such documents and other records required to be retained by a registered supplier or other person—

(a) pursuant to paragraph (3)(a) shall be so retained for a period of 5 years from the date of the document; and

(b) pursuant to paragraph (3)(b) shall be so retained for the period of time specified in the notice served pursuant to that paragraph.

(5) A registered supplier or other person required pursuant to paragraph (3)(b) to retain specified records shall furnish to the Commissioners [F7 or (according as the requirement was made) the Welsh Ministers] [F8 or the Scottish Ministers] at their request such information relating to those records as they may reasonably require.

(6) Any applicant referred to in paragraph (1) (as read with paragraph (2)), any registered supplier and any other person who undertakes relevant activities shall, on the request of an authorised officer, produce to that officer or another person nominated by that officer, and allow the officer or other person to make copies of—

(a) records and documents kept or retained by him or on his behalf pursuant to paragraphs (1) or (3); and

(b) any other books, plans, maps, photographs, records or other documents, including those held in electronic form (“electronic material”), in his possession or control which relate to his application under regulation 7(7) or to the relevant activities or his activities as a registered supplier, as appropriate.

(7) Any applicant, registered supplier or other person required to produce electronic material under paragraph (6) shall give the authorised officer or other person referred to in that paragraph access to the computer processor or disk or any other electronic storage on which the electronic material is held, and shall provide the authorised officer or other person nominated by him with reasonable facilities for the inspection and copying of such electronic material.

Textual Amendments

F1 Words in reg. 26(2) 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(13)(a); S.S.I. 2019/47, reg. 2

F2 Words in reg. 26(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 156(2) (with Sch. 7)

F3 Reg. 26(3)(a)(vii)(viii) substituted for reg. 26(3)(a)(vii) (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 10

F4 Words in reg. 26(3)(a)(vii) inserted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(17); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(18); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(17); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 26(3)(b) 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(13)(a); S.S.I. 2019/47, reg. 2

F6 Words in reg. 26(3)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 156(3) (with Sch. 7)

F7 Words in reg. 26(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 156(4) (with Sch. 7)

F8 Words in reg. 26(5) 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(13)(b); S.S.I. 2019/47, reg. 2