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5.—(1) Growing trials must—
(a)establish whether a variety is distinct, uniform and stable;
(b)in relation to trial design, growing conditions and characteristics of the variety to be covered, be conducted in accordance with—
(i)CPVO protocols;
(ii)if no CVPO protocols have been published for the relevant species, any UPOV guidelines; or
(iii)if no CPVO protocols or UPOV guidelines have been published, any applicable protocols produced by, or on behalf of, the Scottish Ministers.
(2) Growing trials are not required if the Scottish Ministers are satisfied that an official description submitted in accordance with paragraph 4(3), or information submitted along with the official description, demonstrates that the variety is distinct, uniform and stable.
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