The Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009

PART 1 N.I. General

Citation and commencement N.I.

1.  These Regulations may be cited as the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 and shall come into operation on 31st December 2009.

Commencement Information

I1 Reg. 1 in operation at 31.12.2009, see reg. 1

General interpretation N.I.

2.—(1) In these Regulations—

“the Act” means the Seeds Act (Northern Ireland) 1965;

“analyst in charge” and “seed analyst” have the meaning given in regulation 27(1);

“authorised officer” means an officer authorised by the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales for the purposes of these Regulations;

“the Department” means the Department of Agriculture and Rural Development in Northern Ireland;

“Licensed Seed Testing Station” means a laboratory in respect of which a licence has been granted pursuant to regulation 25;

“official measures” includes—

(a)

matters connected with the registration of a person who may engage in a seed industry activity under Part 2 of these Regulations;

(b)

matters connected with the training, examination and licensing of crop inspectors under Part 3 of these Regulations;

(c)

matters connected with the training, examination and licensing of seed samplers under Part 4 of these Regulations; and

(d)

matters connected with the licensing of seed testing stations and the training and examination of seed analysts and Analysts in Charge under Part 5 of these Regulations;

“prescribed minimum weight”, in relation to a submitted sample, means the minimum weight of such a sample as prescribed in Schedule 7 of the appropriate Seed Marketing Regulations;

“registered person” means a person registered pursuant to regulation 5 as a person who may engage in a seed industry activity;

“seed” means seed of any species to which Seed Marketing Regulations apply;

“seed industry activity” means any of the following—

(a)

the marketing of seed other than the marketing—

(i)

of small packages of seed, small EC packages of seed, small EC A packages of seed, or small EC B packages of seed (as defined in each case in the Seed Marketing Regulations);

(ii)

of unpacketed seed;

(iii)

by a producer of small quantities of seed for scientific purposes or selection work in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations which would permit the marketing of such seed under those Regulations;

(iv)

by a producer of seed for test and trial purposes in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations (where applicable) which would permit the marketing of such seed under those Regulations;

(v)

by or on behalf of a breeder of seed for market testing in compliance with an authorisation referred to in that connection in the Vegetable Seed Regulations (Northern Ireland) 2009(1) which would permit the marketing of such seed under those Regulations; or

(vi)

of seed, as grown, for processing provided the identity of the seed is ensured;

(b)

the packing, sealing or labelling of seed (including the labelling or marking of standard seed of vegetables) except small packages of seed, small EC packages of seed, small EC A packages of seed, or small EC B packages of seed (as defined in each case in the Seed Marketing Regulations);

(c)

the re-packing, re-sealing or re-labelling of seed;

(d)

the preparation of mixtures of seeds permitted by the Seed Marketing Regulations; and

(e)

the cleaning, treating or other processing of seed intended for marketing;

“the Seed Marketing Directives” means—

(a)

Council Directive 2002/54/EC(2)on the marketing of beet seed, as last amended by Council Directive 2004/117/EC (3);

(b)

Council Directive 66/402/EEC (4) on the marketing of cereal seed, as last amended by Council Directive 2006/55/EC (5);

(c)

Council Directive 66/401/EEC(6)on the marketing of fodder plant seed, as last amended by Commission Decision 2007/72/EC(7);

(d)

Council Directive 2002/57/EC(8) on the marketing of oil and fibre plant seed, as last amended by Council Directive 2004/117/EC; and

(e)

Council Directive 2002/55/EC(9) on the marketing of vegetable seed, as last amended by Commission Decision 2006/124/EC (10);

“the Seed Marketing Regulations” means—

(a)

in relation to beet seed, the Beet Seed Regulations (Northern Ireland) 2009(11);

(b)

in relation to cereal seed, the Cereal Seed Regulations (Northern Ireland) 2009(12);

(c)

in relation to fodder plant seed, the Fodder Plant Seed Regulations (Northern Ireland) 2009(13);

(d)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed Regulations (Northern Ireland) 2009(14); and

(e)

in relation to vegetable seed, the Vegetable Seed Regulations (Northern Ireland) 2009(15);

“statutory seed testing” means seed testing carried out for the purposes of the Seed Marketing Regulations;

“the Tribunal” means the Plant Varieties and Seeds Tribunal established by the Plant Varieties Act 1997(16);

(2) Subject to paragraph (3), in these Regulations “marketing” means

(a) selling, holding with a view to sale and offering for sale, and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies, and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

(4) All applications, statements of commitment, representations, notices and requests to which these Regulations apply shall be made in writing.

(5) “Writing” in paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act 2000(17) provided that—

(a) any document of the type referred to in paragraph (4) shall only be sent to the Department by an electronic communication if the Department has represented that electronic communication is a means by which persons can send such a document to it, and

(b) notifications required to be made by the Department to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the Department pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Department can communicate with the recipient.

(6) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in those Regulations.

Commencement Information

I2 Reg. 2 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Registration of persons engaged in seed industry activities

Obligation to be registered N.I.

3.  A person shall not engage in a seed industry activity unless he is registered by the Department as a person who may engage in that activity.

Commencement Information

I3 Reg. 3 in operation at 31.12.2009, see reg. 1

Applications for registration N.I.

4.—(1) A person may apply to the Department to be registered as a person who may engage in a seed industry activity.

(2) An application made under paragraph (1) may relate to all seed industry activities or to any one or more of them and shall—

(a) be made in such form and manner as the Department may require; and

(b) be accompanied by such information relating to the applicant’s proposed business and such other information as the Department may reasonably require for the purpose of determining whether the applicant is a suitable person to be registered as a person who may engage in the seed industry activity to which his application relates.

Commencement Information

I4 Reg. 4 in operation at 31.12.2009, see reg. 1

Registrations N.I.

5.—(1) Where an application is made under regulation 4 the Department shall, after carrying out such investigations and inspections as the Department may think fit, register the applicant as a person who may engage in the seed industry activity to which his application relates if the Department is satisfied that the applicant is a suitable person to engage in such activity.

(2) In deciding whether an applicant is a suitable person to engage in the seed industry activity to which his application relates the Department may take into account the matters specified in Part 1 of Schedule 1.

Commencement Information

I5 Reg. 5 in operation at 31.12.2009, see reg. 1

Conditions to be complied with by registered persons N.I.

6.  A registration granted under regulation 5 may be subject to any of the conditions specified in Part 2 of Schedule 1 and such other conditions as the Department may think necessary or desirable.

Commencement Information

I6 Reg. 6 in operation at 31.12.2009, see reg. 1

Termination of registrations N.I.

7.  If a registered person requests the Department to terminate his registration in respect of any or all of the seed industry activities that he is registered as being entitled to engage in the Department shall comply with the request.

Commencement Information

I7 Reg. 7 in operation at 31.12.2009, see reg. 1

Revocation of registrations N.I.

8.  Subject to regulation 36, the Department may revoke a person’s registration relating to his entitlement to engage in a seed industry activity if—

(a) the Department is satisfied that the person is not complying with any of the conditions to which his registration is subject;

(b) she is satisfied that there is no longer available to the person such premises, machinery, equipment, facilities or personnel and services as are necessary to enable him to engage in the seed industry activity;

(c) the person has been found guilty of committing any offence under section 3 of the Act; or

(d) the Department is otherwise no longer satisfied that the person is a suitable person to engage in the seed industry activity.

Commencement Information

I8 Reg. 8 in operation at 31.12.2009, see reg. 1

List N.I.

9.  The Department—

(a) shall keep a list containing the names and addresses of registered persons who may engage in a seed industry activity specifying, in the case of each registered person, the seed industry activity in respect of which they are registered;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as the Department thinks appropriate.

Commencement Information

I9 Reg. 9 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Licensed crop inspectors

Applications for licences N.I.

10.—(1) An individual may apply to the Department for a licence authorising him to inspect crops grown to produce seed of any one or more of the species and categories listed in Part 1 of Schedule 2.

(2) An application made under paragraph (1) shall be in such form and manner as the Department may require and be accompanied by such information as the Department may reasonably require.

Commencement Information

I10 Reg. 10 in operation at 31.12.2009, see reg. 1

Licences N.I.

11.—(1) Where an application is made under regulation 10(1) the Department shall grant the applicant a licence authorising him to inspect crops of the species and category to which his application relates if the Department is satisfied that the applicant has—

(a) completed an appropriate training course relating to the inspection of seed crops of that species and category;

(b) passed an examination relating to the inspection of seed crops of that species and category organised by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales; and

(c) signed a statement of commitment to carry out his functions in accordance with such instructions as may from time to time be issued by or on behalf of the Department.

(2) A licence granted under paragraph (1)—

(a) shall specify which of the functions listed in Part 2 of Schedule 2 are covered by the licence; and

(b) may impose any of the conditions listed in Part 3 of Schedule 2 and such other conditions as the Department may think necessary or desirable having regard to the species and category of crops that may be inspected by the licence holder.

(3) A licensed crop inspector who is employed by a person who is engaged in a seed industry activity shall carry out crop inspections only on crops grown by or on behalf of his employer unless otherwise agreed between his employer, the applicant for certification and by the Department.

Commencement Information

I11 Reg. 11 in operation at 31.12.2009, see reg. 1

Variation of licences N.I.

12.—(1) A crop inspector may apply to the Department for his licence to be varied so as to authorise him to inspect crops being grown to produce seed of another species and category listed in Part 1 of Schedule 2 in addition to the species and category specified in his licence or instead of such species and category.

(2) Where an application is made under paragraph (1) it shall be treated as though it had been made under regulation 10(1) and the Department may vary a crop inspector’s licence so as to authorise him to inspect crops of the species and category to which his application relates if the Department is satisfied that the applicant has satisfied the requirements of regulation 11(1).

(3) In varying a licence under paragraph (2) the Department may vary the functions of the crop inspector specified in his licence and the conditions imposed by his licence.

(4) Subject to regulation 36, the Department may vary a crop inspector’s licence whether or not the Department has received any application under this regulation by—

(a) removing his authorisation to inspect a species and category of crop if the Department is satisfied that the crop inspector is no longer qualified to inspect crops of that species and category or that his authorisation to inspect such crops is otherwise no longer appropriate; or

(b) varying the functions or the conditions set out in the licence.

Commencement Information

I12 Reg. 12 in operation at 31.12.2009, see reg. 1

Termination of licences N.I.

13.  If a licensed crop inspector requests the Department to terminate his licence the Department shall comply with the request.

Commencement Information

I13 Reg. 13 in operation at 31.12.2009, see reg. 1

Suspension and revocation of licences N.I.

14.  Subject to regulation 36, the Department may suspend or revoke a licensed crop inspector’s licence if the Department is satisfied that the licence holder—

(a) is no longer qualified to inspect crops of the species and category to which his licence relates or is otherwise unfit to perform any of the functions of a licensed crop inspector specified in the licence, or

(b) has failed to comply with any of the conditions imposed on him by the licence.

Commencement Information

I14 Reg. 14 in operation at 31.12.2009, see reg. 1

List N.I.

15.  The Department—

(a) shall keep a list of the names and addresses of licensed crop inspectors and shall specify in the case of each crop inspector the species and category of crops which he is licensed to inspect;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as the Department thinks appropriate.

Commencement Information

I15 Reg. 15 in operation at 31.12.2009, see reg. 1

Fees N.I.

16.  A licensed crop inspector may charge reasonable fees for carrying out his functions as a licensed crop inspector but shall not derive any private gain in connection with the carrying out of such functions.

Commencement Information

I16 Reg. 16 in operation at 31.12.2009, see reg. 1

PART 4 N.I. Licensed seed samplers

Applications for licences N.I.

17.—(1) An individual may apply to the Department for a licence authorising him to take samples of seed of the species specified in Part 1 of Schedule 3 for the purposes of the Seed Marketing Regulations.

(2) An application made under paragraph (1) shall be made in such form and manner as the Department may require and shall be accompanied by such information as the Department may reasonably require.

Commencement Information

I17 Reg. 17 in operation at 31.12.2009, see reg. 1

Licences N.I.

18.—(1) Where an application is made under regulation 17 the Department shall grant the applicant a seed sampler’s licence if

(a) The Department is satisfied that the applicant has undertaken a training course on seed sampling organised by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales; and

(b) the applicant, having completed such a course, has passed an examination on seed sampling organised by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales.

(2) A licence granted under paragraph (1)

(a) shall specify which of the functions listed in Part 2 of Schedule 3 are covered by the licence and may in addition specify any other functions which the Department thinks necessary or desirable; and

(b) may impose any of the conditions listed in Part 3 of Schedule 3 and such other conditions as the Department may think necessary or desirable.

(3) A licensed seed sampler who is employed by a person who is engaged in a seed industry activity shall only sample seed lots produced by or on behalf of his employer unless otherwise agreed between his employer, the applicant for certification and by the Department.

Commencement Information

I18 Reg. 18 in operation at 31.12.2009, see reg. 1

Variation of licences N.I.

19.  Subject to regulation 36, the Department may vary a seed sampler’s licence as the Department thinks fit.

Commencement Information

I19 Reg. 19 in operation at 31.12.2009, see reg. 1

Termination of licences N.I.

20.  If a seed sampler requests the Department to terminate his licence the Department shall comply with the request.

Commencement Information

I20 Reg. 20 in operation at 31.12.2009, see reg. 1

Suspension and revocation of licences N.I.

21.  Subject to regulation 36, the Department may suspend or revoke a seed sampler’s licence if the Department is satisfied that the seed sampler—

(a) is no longer qualified to sample seed or is otherwise unfit to perform any of the functions specified in that licence; or

(b) is not carrying out the functions specified in that licence or complying with the conditions imposed on him by that licence.

Commencement Information

I21 Reg. 21 in operation at 31.12.2009, see reg. 1

List N.I.

22.  The Department—

(a) shall keep a list of the names and addresses of licensed seed samplers;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as the Department thinks appropriate.

Commencement Information

I22 Reg. 22 in operation at 31.12.2009, see reg. 1

Fees N.I.

23.  A licensed seed sampler may charge reasonable fees for carrying out the functions of a licensed seed sampler but shall not derive any private gain in connection with the carrying out of such functions.

Commencement Information

I23 Reg. 23 in operation at 31.12.2009, see reg. 1

PART 5 N.I. Licensed seed testing stations

Applications for licences N.I.

24.—(1) A person may apply to the Department for an establishment to be licensed as a laboratory that may be used for carrying out statutory seed testing.

(2) An application made under paragraph (1) may relate to any species of seed to which the Seed Marketing Regulations apply.

(3) An application made under paragraph (1) shall—

(a) contain the name and address of the applicant and, where different, the person who shall be in charge of the laboratory (the “person in charge”);

(b) be accompanied by details of the laboratory and species of seed in respect of which a licence is sought; and

(c) contain such other information as the Department may reasonably require for the purpose of considering the matters to be taken into account in Part 1 of Schedule 4.

Commencement Information

I24 Reg. 24 in operation at 31.12.2009, see reg. 1

Licences N.I.

25.—(1) Where an application is made in accordance with regulation 24 the Department shall license the establishment to be used as a laboratory that may carry out statutory seed testing of the species specified in that application if the Department is satisfied that the laboratory is suitable having regard to the matters to be taken into account in Part 1 of Schedule 4.

(2) A licensed seed testing station belonging to a registered person shall only carry out statutory seed testing on seed lots produced by or on behalf of that person unless otherwise agreed between the registered person, the applicant for certification and the Department.

(3) The licence shall be subject to the conditions set out in Part 2 of Schedule 4 and such other conditions as the Department may think necessary or desirable having regard to the species of seed to be tested, the nature of the tests to be carried out and the procedure to be followed in connection with such tests.

Commencement Information

I25 Reg. 25 in operation at 31.12.2009, see reg. 1

Variation of licences N.I.

26.—(1) The person in charge of a licensed seed testing station may apply to the Department for the licence held in respect of that licensed seed testing station to be varied so as to authorise its use as a laboratory that may carry out statutory seed testing on another species of seed in addition to the species specified in the licence or instead of such species.

(2) Where an application is made under paragraph (1) the Department shall vary the licence so as to authorise the laboratory to which it relates to carry out statutory seed testing on the species of seed to which that application relates if the Department is satisfied that the laboratory is suitable, having regard to the matters to be taken into account in Part 1 of Schedule 4.

(3) In varying a licence under paragraph (2) the Department may vary the conditions imposed by the licence.

(4) Subject to regulation 36, the Department may vary a licensed seed testing station licence whether or not the Department has received any application under this regulation—

(a) by removing the authorisation relating to the statutory seed testing of a species of seed if the Department is satisfied that the licensed seed testing station is no longer suitable to carry out statutory seed tests in respect of that species or that the authorisation to test such seed is otherwise no longer appropriate; or

(b) by varying the conditions imposed by a licensed seed testing station licence.

Commencement Information

I26 Reg. 26 in operation at 31.12.2009, see reg. 1

Examinations N.I.

27.—(1) For the purposes of this Part and Schedule 4—

(a) a seed analyst is a person who—

(i) has completed a training course organised by, or on behalf of, the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales relating to seed testing in respect of seed of the species being tested, or to be tested, by him; and

(ii) having completed such a course, has passed the relevant examination organised by, or on behalf of, the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales;

(b) an Analyst in Charge is a person who, being also a seed analyst, has

(i) completed the training course and passed the examination required of a seed analyst in respect of seed of each of the species which may be tested at the licensed seed testing station for which he has, or is to have, responsibility; and

(ii) passed an examination relating to laboratory management organised by, or on behalf of, the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales.

(2) The Department may from time to time require any seed analyst carrying out statutory seed testing at a licensed seed testing station or the Analyst in Charge of a licensed seed testing station to attend such further training courses and undergo such further examinations as the Department considers appropriate in order to maintain his knowledge and qualifications in respect of his functions at the licensed seed testing station.

Commencement Information

I27 Reg. 27 in operation at 31.12.2009, see reg. 1

Duties of seed analysts in charge of licensed seed testing stations N.I.

28.  A person acting as the Analyst in Charge of a licensed seed testing station shall—

(a) have direct responsibility for the technical operations of the licensed seed testing station;

(b) be in effective control of all the statutory seed testing carried out at the licensed seed testing station; and

(c) exercise close supervision of the work of any seed analyst assisting him in connection with statutory seed testing carried out at the licensed seed testing station.

Commencement Information

I28 Reg. 28 in operation at 31.12.2009, see reg. 1

Suspension and revocation of licences N.I.

29.  Subject to regulation 36, the Department may suspend or revoke a licensed seed testing station licence if it appears to her that—

(a) there has been a breach of any conditions of the licence

(b) a person acting as a Analyst in Charge of a licensed seed testing station —

(i) is no longer qualified to act as such,

(ii) has failed to comply with the duties imposed on him by regulation 28, or

(iii) is otherwise unfit to perform his duties; or

(c) a seed analyst carrying out statutory seed testing at the licensed seed testing station is no longer qualified to do so.

Commencement Information

I29 Reg. 29 in operation at 31.12.2009, see reg. 1

List N.I.

30.  The Department—

(a) shall prepare a list of licensed seed testing stations and shall specify in the case of each licensed seed testing station the species of seed which it is licensed to test;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as the Department thinks appropriate.

Commencement Information

I30 Reg. 30 in operation at 31.12.2009, see reg. 1

Fees N.I.

31.—(1) The person in charge of a licensed seed testing station may charge reasonable fees for statutory seed testing carried out on seed at the licensed seed testing station but shall not derive any private gain from such tests.

(2) The Department may charge the person in charge of a licensed seed testing station reasonable fees in respect of costs incurred by the Department in connection with the licensing and supervision of the licensed seed testing station and the statutory seed testing carried out there.

Commencement Information

I31 Reg. 31 in operation at 31.12.2009, see reg. 1

PART 6 N.I. Enforcement of Seeds Regulations

Sampling for enforcement purposes N.I.

32.—(1) A sample of seed taken for the enforcement of the Seed Marketing Regulations or these Regulations shall be taken and divided by an authorised officer in accordance with the requirements contained in Schedule 5 to provide three parts of which—

(a) one part shall be delivered or sent to the owner of the seed or his representative; and

(b) two parts shall be delivered or sent to an official seed testing station, one of which parts shall be officially examined for the purposes of the appropriate Seed Marketing Regulations and the other of which shall be retained by such person for production to a court in accordance with section 9(7) of the Act,

except that where it appears to the person taking the sample that the seed from which the sample has been taken was purchased for use and not for resale, the first part of the sample shall be delivered or sent to the last seller of the seed or to his representative instead of to the owner of the seed or his representative.

(2) Where a part of a sample taken under this regulation has been officially examined for the purposes of the appropriate Seed Marketing Regulations, any residue from the sample may be used for such other tests as the Department may direct including for the purpose of the Community comparative tests referred to in the corresponding Seed Marketing Directives.

(3) Subject to paragraph (4), the minimum weight of the sample of seed shall be such as to ensure that each of the parts into which it is divided is of not less than the prescribed minimum weight for the sample.

(4) Where the seed from which a sample is to be taken for the enforcement of the Vegetable Seed Regulations (Northern Ireland) 2009 is contained in small packages, the sample shall consist of as many such packages as the person taking the sample may reasonably require.

Commencement Information

I32 Reg. 32 in operation at 31.12.2009, see reg. 1

Certificates of taking and testing a sample N.I.

33.—(1) A certificate in the form set out in Schedule 6 of the taking of a sample of seed for the enforcement of Seed Marketing Regulations is prescribed for the purposes of section 9(3) of the Act.

(2) A certificate of the result of a test of a sample of seed carried out for the enforcement of the Seed Marketing Regulations is prescribed for the purposes of section 7(3) of the Act, in the form set out in Schedule 7 which corresponds with the species of seed tested.

Commencement Information

I33 Reg. 33 in operation at 31.12.2009, see reg. 1

PART 7 N.I. Miscellaneous and supplemental

Arrangements for official measures N.I.

34.—(1) Subject to the following provisions of this regulation, the Department may make arrangements, in such form as the Department is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under the Department’s responsibility or control to carry out official measures.

(2) The Department shall not make arrangements under this regulation unless the Department is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under the supervision of the Department.

(3) An arrangement under this regulation may include such conditions as the Department is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures carried out; and

(iii) the records that must be kept by the person with whom the arrangement is made in connection with the official measures carried out; and

(b) prohibiting the person with whom the arrangement is made from—

(i) carrying out the official measures except under official supervision; and

(ii) charging fees in relation to official measures carried out under the arrangement except to the extent that these do not exceed the costs incurred in carrying them out.

(4) The Department may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, by giving notice to the person with whom the arrangement is made.

(5) A notice of a variation, suspension or revocation of any arrangement or of a condition of an arrangement shall specify—

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which the suspension shall have effect,

and the variation, suspension or revocation shall have effect in accordance with the notice.

(6) When a variation, suspension or revocation has effect the Department may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to her to be official measures carried out in accordance with the provisions of these Regulations.

Commencement Information

I34 Reg. 34 in operation at 31.12.2009, see reg. 1

Fees N.I.

35.—(1) The Department may charge any person, including any person with whom an arrangement has been made under regulation 34, reasonable fees in respect of the costs the Department reasonably incurs in carrying out official measures for the purposes of these Regulations.

(2) A person with whom an arrangement has been made in accordance with regulation 34, may charge any other person reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility or control of the Department in accordance with these Regulations.

(3) Where a person has been given notice—

(a) by or on behalf of the Department of a fee duly charged in accordance with paragraph (1); or

(b) by a person with whom an arrangement has been made under regulation 34 of a fee duly charged in accordance with paragraph (2),

the person given the notice shall pay as specified in the notice the amount of the fee so charged.

Commencement Information

I35 Reg. 35 in operation at 31.12.2009, see reg. 1

Right to make representations N.I.

36.—(1) The Department shall not—

(a) refuse to register a person as a person who may engage in a seed industry activity;

(b) revoke the registration of a person as a person who may engage in a seed industry activity;

(c) refuse to grant or vary a crop inspector’s licence;

(d) vary a crop inspector’s licence pursuant to regulation 12(4);

(e) suspend or revoke a licensed crop inspector’s licence;

(f) refuse to grant a seed sampler’s licence;

(g) vary a licensed seed sampler’s licence;

(h) suspend or revoke a licensed seed sampler’s licence;

(i) refuse to grant or vary a licensed seed testing station licence;

(j) vary a licensed seed testing station licence pursuant to regulation 26(4); or

(k) suspend or revoke a licensed seed testing station licence;

unless the Department has complied with the provisions of this regulation.

(2) The Department shall—

(a) give the person concerned notice stating what the Department is proposing to do and the reasons for it; and

(b) inform the person concerned of his right to make representations to the Department and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made.

(3) In this regulation, the person concerned in the case of any notice served in connection with a licensed seed testing station shall be the person in charge of the licensed seed testing station.

(4) Subject to paragraph (5), the Department shall not proceed with its proposed refusal, variation, suspension or revocation (as the case may be) until the period allowed for making representations has passed.

(5) Where the Department considers it necessary to suspend a crop inspector’s licence, a seed sampler’s licence or a licensed seed testing station licence, with immediate effect, the Department may do so notwithstanding the right of the person concerned to make representations and when the Department gives notice of its decision under paragraph (7) the Department shall—

(a) indicate whether the suspension should for the time being remain in force; or

(b) withdraw the suspension of the licence.

(6) A person who makes representations to the Department shall provide the Department with a copy of any document upon which that person seeks to rely within the time allowed for the making of such representations.

(7) The Department shall consider any representations made to it under this regulation before giving the person concerned notice of its decision together with the reasons for that decision and, where appropriate, of the date from which the decision shall have effect.

(8) A notice under paragraph (7) shall where applicable inform the person concerned of—

(a) his right to appeal to the Tribunal against the Department’s decision; and

(b) the time within which such an appeal may be brought.

(9) There shall be no right of appeal to the Tribunal where the Department—

(a) has refused to grant a crop inspector’s licence or a seed sampler’s licence for the sole reason that he failed to pass the relevant examination for the grant of the licence;

(b) has refused to vary a crop inspector’s licence for the sole reason that he failed to pass the relevant examination for the variation of the licence; or

(c) has decided that a licensed crop inspector or licensed seed sampler is no longer qualified to inspect crops or sample seed (as the case may be) and has—

(i) in the case of a crop inspector varied, suspended or revoked his licence, or

(ii) in the case of a licensed seed sampler suspended or revoked his licence,

for the sole reason that he failed to pass an examination which he was required to undergo as a condition of his licence.

(10) The Department may charge any person making representations under this regulation reasonable fees in that connection which shall be payable on making the representations to her.

Commencement Information

I36 Reg. 36 in operation at 31.12.2009, see reg. 1

Appeals N.I.

37.—(1) A person notified of his right to appeal under regulation 36(8) may bring an appeal to the Tribunal.

(2) The Department shall take such steps as may be necessary to give effect to any decision of the Tribunal given on the final determination of an appeal under paragraph (1).

Commencement Information

I37 Reg. 37 in operation at 31.12.2009, see reg. 1

Extension of time N.I.

38.  Where any document is to be delivered or given or any act is to be done in a time prescribed by these Regulations the Department may, if in all the circumstances of the case the Department considers it reasonable, extend the time for such period and upon such terms as the Department thinks fit.

Commencement Information

I38 Reg. 38 in operation at 31.12.2009, see reg. 1

Form of records N.I.

39.  Any record required to be kept under these Regulations may be in written or electronic form and shall be kept for at least three years.

Commencement Information

I39 Reg. 39 in operation at 31.12.2009, see reg. 1

Form of lists N.I.

40.  Any list required to be kept by the Department under these Regulations may be in written or electronic form.

Commencement Information

I40 Reg. 40 in operation at 31.12.2009, see reg. 1

Revocations, transitional and savings provisions N.I.

41.—(1) Subject to the following provisions of this regulation, the following Regulations are revoked—

(a) the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 1994(18) (the 1994 Regulations); and

(b) the Seeds (Fees) (No.2) Regulations (Northern Ireland) 2002(19) in relation to matters arising under the 1994 Regulations

(2) The revocation in paragraph (1) shall not apply in relation to seed harvested on or before 31st December 2009 until 1st July 2010.

(3) Any application made to the Department in accordance with regulation 4(2) of the 1994 Regulations but not determined at the coming into force of these Regulations shall be treated as an application referred to in regulation 4(1) of these Regulations and shall be determined in accordance with these Regulations.

(4) Any registration made pursuant to regulation 4(3) of the 1994 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a registration made pursuant to regulation 5 of these Regulations.

(5) Subject to paragraph (6)—

(a) any licence granted to a seed testing station pursuant to regulation 8(1) of the 1994 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 25 of these Regulations; and

(b) any licence granted to a crop inspector or seed sampler pursuant to regulation 9(1) of the 1994 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 11 of these Regulations in the case of a crop inspector and regulation 18 of these Regulations in the case of a seed sampler.

(6) The right to make representations pursuant to regulation 36 of these Regulations and to appeal to the Tribunal pursuant to regulation 37 of these Regulations shall not apply in respect of any licence which was granted under the 1994 Regulations and which is varied within three months of the coming into force of these Regulations.

(7) Any fee arising (whether wholly or in part) under the 1994 Regulations or the Seeds (Fees) (No. 2) Regulations (Northern Ireland) 2002 but not paid at the coming into force of these Regulations shall be treated as a fee arising under these Regulations and shall be recoverable accordingly.

Commencement Information

I41 Reg. 41 in operation at 31.12.2009, see reg. 1

Sealed with the official Seal of the Department of Agriculture and Rural Development on 25th November 2009.

John Speers

A senior officer of the Department of Agriculture and Rural Development.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th November 2009.

Jack Layberry

A senior officer of the Department of Finance and Personnel.