In these Regulations–

• “Breeder’s Seed” means seed of barley, durum wheat, maize, oats, rye, spelt wheat, triticale or wheat of a generation prior to Basic Seed which has been produced by or under the responsibility of the breeder and is intended for the production of Pre-basic Seed or Basic Seed;

• “Pre-basic Seed” means seed of a generation prior to Basic Seed which–

  1. a

     has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

  2. b

     is intended to be used for the production of more Pre-basic Seed, Basic Seed, or with the written authority of the breeder–

     1. i

        in the case of maize or rye, Certified Seed;

     2. ii

        except in the case of maize or rye, Certified Seed of the First Generation;

     3. iii

        except in the case of maize or rye, Certified Seed of the Second Generation; and

  3. c

     has been–

     1. i

        subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in Schedule 4; or

     2. ii

        certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Cereal Seed Directive;

• “Basic Seed” means seed which–

  1. a

     in relation to barley, durum wheat, oats, rye, triticale, spelt wheat and wheat, other than a hybrid variety–

     1. i

        has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

     2. ii

        is intended to be used for the production of–

        1. aa

           in the case of rye, Certified Seed;

        2. bb

           except in the case of rye, Certified Seed of the First Generation;

        3. cc

           except in the case of rye, Certified Seed of the Second Generation; or

  2. b

     in relation to a component of a hybrid variety of barley, durum wheat, maize, oats, rye, self pollinating triticale, spelt wheat or wheat, is intended to be used for the production of a hybrid variety of barley, durum wheat, maize, oats, rye, self-pollinating triticale, spelt wheat or wheat and which has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; or

  3. c

     in relation to an open-pollinated variety of maize–

     1. i

        has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

     2. ii

        is intended to be used–

        1. aa

           for the production of Certified Seed of the same variety; or

        2. bb

           as a component in the production of Certified Seed of a top cross or intervarietal hybrid variety; or

  4. d

     in relation to inbred lines of maize, has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; or

  5. e

     in relation to simple hybrids of maize, is intended to be used for the production of double hybrids, triple-cross hybrids or top cross hybrids; and

  6. f

     has been–

     1. i

        subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in Schedule 4; or

     2. ii

        certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraph (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Cereal Seed Directive;

• “Certified Seed” means seed which, in relation to maize and rye (including hybrids of maize and rye) and hybrids of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat–

  1. a

     has been produced directly from Basic Seed or, with the breeder’s written authority, from Pre basic Seed;

  2. b

     is intended for purposes other than the production of cereal seed; and

  3. c

     has been–

     1. i

        subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Schedule 4; or

     2. ii

        certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Cereal Seed Directive;

• “Certified Seed of the First Generation” means seed of barley, durum wheat, oats, spelt wheat, triticale, or wheat, other than a hybrid in each case, which–

  1. a

     has been produced directly from Basic Seed or, with the written authority of the breeder, from Pre basic Seed;

  2. b

     is intended–

     1. i

        for the production of Certified Seed of the Second Generation; or

     2. ii

        for purposes other than the production of cereal seed; and

  3. c

     has been

     1. i

        subject to regulation 12, officially certified as meeting the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Schedule 4; or

     2. ii

        certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Cereal Seed Directive;

• “Certified Seed of the Second Generation” means seed of barley, durum wheat, oats, spelt wheat, triticale or wheat, other than hybrids in each case, which–

  1. a

     has been produced directly from Basic Seed, Certified Seed of the First Generation or, with the written authority of the breeder, from Pre basic Seed;

  2. b

     is intended for purposes other than the production of cereal seed; and

  3. c

     has been–

     1. i

        subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in Schedule 4; or

     2. ii

        certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Cereal Seed Directive;

• “Seed of a Certified Generation” means Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation.