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The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016
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- Scottish Statutory Instruments
- 2016 No. 68
- PART II
- Regulation 7
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Suspension and revocation of licencesS
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7.—(1) The Scottish Ministers may suspend or revoke a licence in whole or in part if they are satisfied that the licence holder—
(a)is no longer competent to perform a function specified in the licence;
(b)has failed to comply with a requirement under regulation 8;
(c)in the case of a professional seed operator, no longer has adequate premises or equipment for the purposes of carrying out any functions specified in the licence;
(d)has failed to comply with a condition attached to the licence;
(e)has been convicted of an offence under section 16(7) of the Act; or
(f)is unsuitable to perform a function specified in the licence.
(2) Without prejudice to paragraph (1), the Scottish Ministers may suspend or revoke a seed testing station licence in whole or in part if they are satisfied that—
(a)the Analyst in Charge or any seed analyst carrying out statutory seed testing at the seed testing station is no longer qualified to act as an Analyst in Charge or, as the case may be, to carry out such testing;
(b)the Analyst in Charge has failed to comply with the duties imposed by regulation 9 or is otherwise unfit to perform the duties of an Analyst in Charge;
(c)the seed testing station no longer has adequate premises or equipment for the purposes of carrying out statutory seed testing;
(d)there is no longer a person acting as Analyst in Charge at the seed testing station; or
(e)any employee of the seed testing station has been convicted of an offence under section 16(7) of the Act.
(3) A licence suspended under paragraph (1) or (2) may be suspended for any period up to its unexpired duration and ceases to have effect and is deemed to be withdrawn during the period of suspension to the extent specified by the Scottish Ministers.
(4) The Scottish Ministers may suspend a licence under paragraph (1) or (2) in whole or in part with immediate effect if they are satisfied that the carrying out of the functions specified in the licence is causing, or is likely to cause, prejudice to the administration or enforcement of seeds regulations.
(5) The Scottish Ministers may recall a suspension of a licence if they consider it appropriate to do so.
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