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

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

I1 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

I2 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

I3 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

I4 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

I5 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

I6 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

I7 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

I8 Reg. 31 in operation at 31.12.2009, see reg. 1