Right to make representations
35.—(1) The Scottish Ministers shall not–
(a)refuse to register a person as a seed merchant, seed packer or seed processor;
(b)vary, refuse to var y, or revoke the registration of a person as a seed merchant, seed packer or seed processor, except where a variation is at the request of the registered person;
(c)refuse to grant or refuse to vary a crop inspector’s licence;
(d)vary a crop inspector’s licence under regulation 12(5);
(e)suspend or revoke a crop inspector’s licence;
(f)refuse to grant or refuse to vary a seed sampler’s licence;
(g)vary a seed sampler’s licence under regulation 19(3);
(h)suspend or revoke a seed sampler’s licence;
(i)refuse to grant or refuse to vary a seed testing station licence;
(j)vary a seed testing station licence under regulation 26(4); or
(k)suspend or revoke a seed testing station licence,
unless they have complied with the provisions of this regulation.
(2) Subject to paragraph (3), before taking any decision mentioned in paragraph (1) the Scottish Ministers shall–
(a)give the person concerned notice stating what they are proposing to do and the reasons for it; and
(b)inform the person concerned of the right to make representations to them and of the manner in which and the time, being not less than 21 days from the giving of the notice, within which such representations may be made.
(3) Paragraphs (2), (7)(a) and (8) shall not apply to a decision of the Scottish Ministers to suspend a licence with immediate effect under regulation 14(3), 21(3) or 29(3).
(4) Where the Scottish Ministers decide to suspend a licence with immediate effect under regulation 14(3), 21(3) or 29(3), they shall–
(a)as soon as reasonably practicable and not later than 7 days after making the decision give the person concerned notice of their decision and the reasons for it;
(b)inform the person concerned of the right to make representations to them and the manner in which and the time, being not less than 7 days from the giving of the notice unde r sub-paragraph (a), within which such representations may be made;
(c)decide within 21 days of the date of the decision whether the suspension is to remain in force or be withdrawn; and
(d)give the person concerned notice of their decision under sub-paragraph ( c) together with the reasons for it and, where appropriate, notice of the date from which that decision shall have effect.
(5) A person who makes representations to the Scottish Ministers shall, within the time allowed for the making of such representations, provide the Scottish Ministers with a copy of any document upon which that person seeks to rely.
(6) For the purposes of paragraphs (2) and (4), any notice to be given in connection with a registration held by a body corporate or a partnership or with a seed te sting station licence shall be–
(a)in the case of a registration, given to the responsible person; and
(b)in the case of a seed testing station licence, given to the Person in Charge.
(7) The Scottish Ministers shall not –
(a)take any decision mentioned in paragraph (1) until any period allowed under paragraph (2)(b) for making representations has passed; or
(b)take a decision under paragraph (4)(c) until any period allowed under paragraph (4)(b) for making representations has passed.
(8) The Scottish Ministers shall consider a ny representations made to them in accordance with this regulation before reaching a decision and shall give the person concerned notice of their decision together with the reasons for it and, where appropriate, notice of the date from which the decision shall have effect.
(9) In giving a notice under paragraphs (4)(d) or (8) the Scottish Ministers shall, where a right of appeal exists under regulation 36(1), inform the person concerned of–
(a)the right to appeal to the Tribunal against the decision; and
(b)the time within which such an appeal may be brought.
(10) The Scottish Ministers may charge any person making representations under this regulation reasonable fees in that connection and such fees shall be payable at the time that the representations are made.