F74The Seeds (National Lists of Varieties) Regulations 2001

In these Regulations, unless the context otherwise requires—

• F5“the 1990 Directive” means Council Directive 90/220/EEC4 on the deliberate release into the environment of genetically modified organisms, as amended by Commission Directive 94/15/EC5 and Commission Directive 97/35/EC6;

• F82“the appropriate authority” means—

  1. a

     in relation to England, the Secretary of State;

  2. b

     in relation to Scotland, the Scottish Ministers;

  3. c

     in relation to Wales, the Welsh Ministers; and

  4. d

     in relation to the acceptance of a plant variety onto a GB Variety List, the Secretary of State, the Welsh Ministers and the Scottish Ministers, acting jointly;

• “authorised officer” means an officer authorised for the purposes of these Regulations by the Secretary of State, the National Assembly for Wales F83or the Scottish Ministers;

• “a B List vegetable variety” means a variety whose seed may not be controlled except as standard seed;

• “certified”, in relation to seed, has the same meaning as in the Seeds Marketing Regulations and “certification” shall be construed accordingly;

• F91...

• F84...

• F4“the Common Catalogue Directive” means Council Directive 2002/53/EC7 on the common catalogue of varieties of agricultural plant species, as amended by the Food and Feed Regulation;

• F29“conservation variety” means a landrace or plant variety of a species specified in Part I of Schedule 1 that is naturally adapted to the local and regional conditions (or, in the case of a vegetable variety, that has been traditionally grown in particular localities and regions) and is threatened by genetic erosion, and for these purposes—

  1. a

     “landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

  2. b

     “genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;

• F24“the Deliberate Release Directive” means Council Directive 2001/18/EC8 on the deliberate release into the environment of genetically modified organisms, as F55last amended by Directive (EU) 2015/412 of the European Parliament and of the Council;

• “Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

• “derogated species” means a species of plant specified in Part II of Schedule 1;

• F23“the Equivalence Decision” means Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries F56, as last amended by Council Regulation (EU) 517/2013;

• “the fees Regulations” means the Seeds (National Lists of Varieties) (Fees) Regulations 19945;

• F8“the Food and Feed Regulation” means Council Regulation (EC) No 1829/200316 on genetically modified food and feed F57, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council;

• “the Gazette” means the Plant Varieties and Seeds Gazette published in accordance with section 34(1) of the Plant Varieties and Seeds Act 19646;

• F85“the GB Variety Lists” means the lists of varieties of species of agricultural plants and varieties of species of vegetables, prepared and published in accordance with regulation 3, and “GB Variety List” means any one of those lists;

• F45“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;

• “maintainer”, in respect of a plant variety, means a person named in or ascertainable by reference to a F86GB Variety List as responsible for maintaining a variety in accordance with the characteristics to which regard was had when that variety was accepted on a F86GB Variety List; and “maintenance” shall be construed accordingly;

• “name”, in respect of a plant variety, includes denomination;

• F84...

• F84...

• F87“the NI Variety Lists” means the lists of varieties of species of agricultural plants and varieties of species of vegetable, prepared and published by the Department of Agriculture and Rural Development in accordance with legislation having effect corresponding to that of regulation 3(1)(a) and (2) to (5) F157, and “NI Variety List” means any one of those lists;

• F67“the Novel Foods Regulation” means Council Regulation (EC) No 258/97 concerning novel foods and novel food ingredients, as it applied immediately before 18 April 2004;

• “official measures” includes official examinations, growing trials, tests and assessments;

• “person affected”, in respect of a proposed relevant decision or a relevant decision, means—

  1. a

     any person to whom the F88appropriate authority have given notice of the proposed relevant decision or the relevant decision;

  2. b

     any person appearing to the F88appropriate authority to have a sufficient interest in the matter to which the decision relates; and

  3. c

     any person or organisation appearing to them to be representative of a class of persons likely to be affected by the decision;

• F39“region of origin” means the region identified by the F88appropriate authority when a conservation variety is accepted on to a F86GB Variety List as being the region in which the variety has historically been grown and to which it is naturally developed;

• “relevant decision” means a decision of the F88appropriate authority—

  1. a

     under regulation 5 to accept or refuse to accept a plant variety on to a F86GB Variety List;

  2. b

     that they are satisfied a plant variety has a name suitable, in accordance with regulation 6, for publication in the Gazette;

  3. c

     to accept, or refuse to accept, an application under regulation 7;

  4. d

     to renew or not to renew the acceptance of a variety under regulation 13; or

  5. e

     to revoke the acceptance of a variety under regulation 14, replace the original acceptance of a variety under that regulation or delete the name of a person as the maintainer of a variety under regulation 14(4)(e);

• F47“the relevant legislation” means—

  1. a

     in respect of a genetically modified variety any material derived from which is intended to be used as food or a food ingredient within the meaning of article 2 of Council Regulation (EC) No 178/200219 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and falling within the scope of article 3 of the Food and Feed Regulation—

     1. i

        in relation to material authorised prior to 18 April 2004—

        1. aa

           the 1990 Directive; or

        2. bb

           the Deliberate Release Directive,

        and the Novel Foods Regulation; and

     2. ii

        in relation to material authorised after 18 April 2004, the Food and Feed Regulation;

  2. b

     in respect of a genetically modified variety any material derived from which is intended to be used as feed or a feed ingredient within the meaning of article 3 of Council Regulation (EC) No 178/2002 and falling within the scope of article 15 of the Food and Feed Regulation —

     1. i

        in relation to material authorised prior to 18 April 2004—

        1. aa

           the 1990 Directive; or

        2. bb

           the Deliberate Release Directive; and

     2. ii

        in relation to material authorised after 18 April 2004, the Food and Feed Regulation; and

  3. c

     in respect of a genetically modified variety any material derived from which is intended to be used for any other purpose—

     1. i

        F92in relation to material authorised before IP completion day—

        1. (aa)

           the 1990 Directive, or

        2. (bb)

           the Deliberate Release Directive; and

     2. ii

        in relation to material authorised after IP completion day—

        1. (aa)

           in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

        2. (bb)

           in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

        3. (cc)

           in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

        4. (dd)

           in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

• and “proposed relevant decision” and “proposal for a relevant decision” shall be construed accordingly;

• “the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

• “seeds” means seeds for sowing;

• F58“the Seeds Marketing Directives” means—

  1. a

     the Vegetable Seed Marketing Directive;

  2. b

     Council Directive 66/401/EEC on the marketing of fodder plant seed;

  3. c

     Council Directive 66/402/EEC on the marketing of cereal seed;

  4. d

     Council Directive 2002/54/EC on the marketing of beet seed;

  5. e

     Council Directive 2002/56/EC on the marketing of seed potatoes; and

  6. f

     Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants;

• F1“the Seeds Marketing Regulations” means—

  1. a

     as respects England—

     1. i

        in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing Regulations 201110, and

     2. ii

        in relation to seed potatoes, F59the Seed Potatoes (England) Regulations 2015;

  2. b

     as respects Wales—

     1. i

        F60in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing (Wales) Regulations 2012;

     2. vi

        in relation to seed potatoes, the F38Seed Potatoes (Wales) Regulations 2016;

  3. c

     as respects Scotland—

     1. i

        in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 201018,

     2. ii

        in relation to cereal seed, the Cereal Seed (Scotland) Regulations 200519,

     3. iii

        in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 200520,

     4. iv

        in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 200421,

     5. v

        in relation to vegetable seed, the Vegetable Seeds Regulations 199322, and

     6. vi

        in relation to seed potatoes, the F15Seed Potatoes (Scotland) Regulations 2015; F89...

  4. d

     F89...

• F6“standard seed”, in relation to seed of a vegetable variety, has the same meaning—

  1. a

     as respects England, as in Part 5 of Schedule 2 to the Seed Marketing Regulations 2011,

  2. b

     as respects Wales, as in F61Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012,

  3. c

     as respects Scotland, as in the Vegetable Seeds Regulations 1993, F89...

  4. d

     F89...

• “the Tribunal” means the tribunal continued as the Plant Varieties and Seeds Tribunal by section 42 of the Plant Varieties Act 199730;

• “varietal association” means an association of—

  1. a

     certified seed of a male-sterile hybrid variety accepted on to a F86GB Variety ListF93...; with

  2. b

     certified seed of one or more varieties capable of shedding pollen accepted on to a F86GB Variety ListF93...,

  mechanically combined in proportions jointly determined by the maintainers of all the varieties in the association;

• F90“a variety known in Great Britain” is any variety—

  1. a

     accepted onto—

     1. i

        a GB Variety List; or

     2. ii

        a NI Variety List; or

  2. b

     in respect of which an application for acceptance onto a GB Variety List or a NI Variety List has been submitted and has not been determined,

  and “a variety not known in Great Britain” shall be construed accordingly; and;

• F69“the Vegetable Seed Marketing Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

If any plant variety accepted on a F97GB Variety List is a genetically modified variety the Secretary of State shall publish a clear indication of that fact in the List together with the reference number under which the variety has been accepted for marketing in accordance with F35the relevant legislation.

Where an application for acceptance of a variety onto a F97GB Variety List is yet to be determined, the Secretary of State shall not publish in the Gazette details of any proposed maintainer or proposed substitution or addition of a maintainer of that variety.

The F75appropriate authority shall not make a relevant decision before the expiry of the period published in the Gazette as being the period within which written representations, and a request for oral representations, in respect of the proposal for the decision may be made.

If any document required by paragraphs (2)(a) or (3)(b) above to be included with an application is in a language other than English the F75appropriate authority may require it to be accompanied by a complete and adequate translation into the English language.

If the F75appropriate authority have reasonable grounds for believing that any information, document, reproductive or other material of a plant variety relating to but not included with an application referred to in paragraph (1) above is necessary or desirable for the purpose of determining the application, the F75appropriate authority may, by notice to the applicant specifying the information, document or material, require the information, document or material to be given to them within such reasonable period as may be so specified.

Where a person has made an application under this regulation in respect of any matter relating to a variety he may not make another application in respect of that matter until the previous application has been finally determined or withdrawn.

Subject to the following provisions of this regulation, the F75appropriate authority shall base acceptance of a variety on to a F105GB Variety List on the results of official measures, particularly growing trials, carried out in respect of the variety by or on behalf of the F75appropriate authorityF106....

The appropriate authority may base acceptance of a variety onto a GB Variety List on the results of official growing trials conducted by competent authorities outside of Great Britain if the appropriate authority is satisfied that those growing trials are of equivalent standards to those carried out by or on behalf of the appropriate authority.

In respect of a B List vegetable variety the F75appropriate authority may also take into consideration the results of unofficial tests and knowledge gained from practical experience during cultivation.

In respect of a conservation variety, the requirement in paragraph (1) to base acceptance on to a F105GB Variety List on the results of official measures does not apply if the F75appropriate authority are satisfied that other information is sufficient for such acceptance.

The appropriate authority may determine that the acceptance of a variety in Northern Ireland onto a NI Variety List is equivalent to acceptance for inclusion on a GB Variety List and, where they so determine, may accept the variety onto a GB Variety List.

The F75appropriate authority shall inform the applicant of an acceptance or refusal to accept a variety under this regulation, or a determination under paragraph (5) of this regulation, and of the reasons.

Any function of the F75appropriate authority under these Regulations, including functions in relation to the administration and determination of any application under these Regulations, the examination or inspection of any documents, records or material, the service of notices, the provision of information and the issue of approvals, may be discharged with the agreement of the other F75appropriate authority by any one or more of the F75appropriate authority acting on their behalf.

The provisions of these Regulations relating to conservation varieties apply in relation to amateur vegetable varieties, with the exceptions and modifications listed in paragraphs (2), (3) and (4).

In this regulation an amateur vegetable variety is a vegetable variety with no intrinsic value for commercial crop production but developed for growing under particular agro-technical, climatic or pedological conditions.

A name of a plant variety of a conservation variety is suitable in accordance with this regulation for publication in the Gazette if the name is not unsuitable as described in paragraph (2)(a), (e) or (f).

If the F75appropriate authority are aware that seed or propagating material of a plant variety, whose name is suitable in accordance with this regulation for publication in the Gazette, is marketed in F125another country for commercial purposes under a different name, the F75appropriate authority shall include that name in the reference to the name of the variety on the F114GB Variety List.

The F75appropriate authority shall not grant an application for a change to the name of a variety accepted on to a F114GB Variety List or a change to the name of a variety proposed in any application for acceptance of a variety on to a F114GB Variety List, unless they are satisfied that the proposed new name complies with the requirements of this regulation.

The F75appropriate authority shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.

The F75appropriate authority shall not grant an application for the substitution or addition of a maintainer of a variety accepted on to a F126GB Variety List unless they are satisfied the applicant is able to maintain the variety in accordance with the characteristics to which regard was had when the variety was accepted on to the F126GB Variety ListF12, and, in the case of a conservation variety, in its region of origin.

The F75appropriate authority may make arrangements for such examinations of reproductive or other material of the variety and any of its components produced by the applicant as appear to them to be necessary to establish that the material conforms with the characteristics to which regard was had when the variety was accepted on to the F126GB Variety List.

The applicant shall pay any fee prescribed for the purposes of this paragraph under regulation 10 in respect of the costs of any examinations carried out under arrangements made by the F75appropriate authority for the purposes of paragraph (3) above.

The F75appropriate authority shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.

Official measures, particularly growing trials, on the results of which an acceptance of a variety on to a F127GB Variety List is based, shall cover a sufficient number of characteristics for the variety to be described; and the methods used for determining characteristics for this purpose shall be exact and reliable.

For the purposes of establishing distinctness the growing trials shall include at least the available comparable varieties known in the F128United Kingdom and available comparable varieties accepted onto the national lists of countries outside the United Kingdom which have comparable varietal listing procedures and similar growing conditions.

For the purpose of accepting a variety on to a F127GB Variety List under a name determined in accordance with regulation 6, the growing trials for distinctness shall F129... include other available comparable varieties F130in addition to those specified in paragraph (2).

Subject to the following provisions of this regulation, the F131appropriate authority may make arrangements, in such form as they are of the opinion may be necessary or desirable, for the purpose of enabling any person to act under their responsibility to carry out official measures.

The F131appropriate authority may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice in writing to the person with whom the arrangement or further arrangement is made, and a further arrangement or any of the conditions of that arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made or the conditions of that arrangement are not also varied, suspended or revoked.

When a variation, suspension or revocation has effect the F131appropriate authority may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to them to be official measures carried out in accordance with the provisions of these Regulations.

The F77appropriate authority may charge any person, including any person with whom an arrangement or further arrangement has been made under regulation 9, reasonable fees in respect of costs the F77appropriate authority reasonably incur in carrying out official measures for the purposes of these Regulations.

A person with whom an arrangement or further arrangement has been made in accordance with regulation 9, may charge any person, including any other person with whom that or any other arrangement or further arrangement has been made under that regulation, reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility of the F77appropriate authority in accordance with these Regulations.

A fee charged in accordance with this regulation in respect of which reasonable notice has been given in accordance with paragraph (4) above shall be recoverable as a debt from the person given the notice.

No person shall market any seeds of a plant variety of a species specified in Schedule 1 if a marketing prohibition notice has been published by the Secretary of State in the Gazette in relation to the variety.

No person shall market seed of a variety accepted on to a F76GB Variety ListF137... except under the name in which the variety is accepted; and where the F77appropriate authority adapt the name of a variety under regulation 6(5), and specify in a notice published in the Gazette in respect of the variety a period during which seed of the variety may be marketed under the name as it was referred to in the List before it was adapted, seed of the variety may be marketed during that period under the name as it was referred to in the List before it was adapted.

The maintainer of a plant variety on a F76GB Variety List, other than a B List vegetable variety widely known on 1 January 1973, shall maintain the variety according to accepted practices for maintaining the variety.

The maintainer of a conservation variety shall not maintain that variety except in its region of origin.

The maintainer of a plant variety shall keep records of all the generations of the variety he maintains and shall on demand produce at his own expense such records for inspection by or on behalf of the F77appropriate authority and shall also, if so required at any time, at his own expense deliver to the F77appropriate authority samples of seed of that variety.

If, for the purposes of checking compliance with any of the provisions of this regulation, an authorised officer considers it is necessary or desirable to take a sample of any seed of a variety requiring to be maintained under these Regulations the officer may, at any premises, take a sample of the seed.

Subject to the following provisions of this regulation and regulation 14, the acceptance of a variety under regulation 5(3) or (5) is valid until the end of the tenth calendar year following acceptance.

Provided the requirements of distinctness, uniformity and stability are still satisfied in respect of a variety the F77appropriate authority may renew acceptance of the variety if they are satisfied that cultivation of the variety is on such a scale as to justify renewed acceptance.

The F77appropriate authority may determine an application for renewal of acceptance of a variety notwithstanding that any fee payable under regulation 10 in relation to the variety, whether in connection with that renewal or any other matter, has not been paid as so prescribed.

An application for renewal of acceptance of a variety shall be made not later than two years before the date on which the acceptance is due to expire.

Acceptance of a variety may be renewed more than once in accordance with this regulation.

If an application for renewal of acceptance of a variety in accordance with this regulation has been made not later than two years before the date on which the acceptance is due to expire and the F77appropriate authority have not determined the application before that date, the F77appropriate authority may provisionally renew the acceptance for a reasonable period extending after that date to permit them to determine the application.

The F77appropriate authority shall inform the applicant of a determination made by them under this regulation relating to the application and of the reasons for the determination.

If a determination is replaced by another determination under paragraph (2) above the variety replaced shall, with effect from the date of the determination replaced, no longer be regarded as a variety known in the F142United Kingdom.

The F77appropriate authority may revoke acceptance of a variety, whether or not they are satisfied of any of the matters in respect of the variety specified in paragraph (4) above, if they are satisfied that revocation is required by virtue of any provision of national law justified on grounds of the protection of health and life of humans, animals or plants.

On being given notice by a maintainer that he intends to stop, or has stopped, maintaining the variety with effect from a date specified in the notice the F77appropriate authority shall delete the reference to the name of that person as the maintainer of the variety with effect from that date.

Where the F77appropriate authority make a determination under this regulation in relation to a variety or a maintainer of a variety, they shall inform the maintainer, and any other person whose name is in the record of the variety kept by the Secretary of State under regulation 15 below, of the determination and of the reasons for it.

Where, for the purposes of a relevant decision under these Regulations in relation to a variety, examination of the components of the variety is necessary in order to study hybrids and synthetic varieties, the Secretary of State shall ensure, if the applicant concerned in respect of that determination so requests, that she excludes from the record kept in respect of the variety under paragraph (2) above and treats as confidential the results of the examination and the description of the components.

The description in paragraph (2)(b) above shall be the description obtained in the course of the official examination of the variety for the purposes of determining whether it is distinct, stable and sufficiently uniform.

Subject to paragraph (3) above, the Secretary of State shall disclose a record kept under this regulation on payment of any fee charged by the F77appropriate authority under regulation 10 for the disclosure of the record.

The F77appropriate authority may afford to any person entitled to make representations in accordance with paragraph (1) above in respect of a proposed relevant decision an opportunity to make representations to them about it on more than one occasion if in the circumstances it appears to them to be necessary or desirable to do so; and, on a second or subsequent such occasion, may afford to any such person the opportunity to do so without charging any fee.

The F77appropriate authority shall send to each person entitled to make written representations in accordance with paragraph (1) above of whom they are aware a copy of any representations so made.

Any person entitled to make oral representations at a hearing in accordance with this regulation shall, not later than 7 days before the day appointed for the hearing, deliver to the F77appropriate authority two copies of any documents which the person proposes to rely upon; and the F77appropriate authority shall deliver a copy of these documents to each of the other persons who appear to them to be concerned in the matter.

The procedure in relation to the preparation for the hearing of oral representations in respect of a proposed relevant decision, and, subject to paragraph (7) below, the procedure at the hearing of them, including any adjournment or subsequent convening of the hearing, shall be as the person conducting the hearing directs having regard to the wishes of the persons affected by the proposed relevant decision who are entitled to make the oral representations in respect of it or who have been afforded an opportunity to make oral representations in respect of it in accordance with paragraph (2) above.

The F77appropriate authority shall not take a relevant decision until they have considered any oral or written representations made to them in accordance with this regulation in respect of the proposal for it and any documents relied on and evidence adduced at the hearing of any oral representations.

The F77appropriate authority shall give to each person who has made oral or written representations in accordance with this regulation notice of their decision together with their reasons for it and shall inform them of the time and manner in which an appeal against the relevant decision may be brought to the Tribunal.

Any person affected by a relevant decision, except a decision in respect of the naming of a plant variety, may appeal against the relevant decision to the Tribunal.

Schedule 3 to the Plant Varieties Act 1997 (which makes provision about the Tribunal) shall apply for the purposes of appeals under this regulation as it applies for the purposes of appeals in respect of which provision is made for the Tribunal to have jurisdiction in Regulations made under section 44 of that Act or in Rules under or having effect as if made under paragraph 13 of Schedule 3 to that Act.

Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.

In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.

As respects Great Britain, the following provisions of the Plant Varieties and Seeds Act 1964 shall apply for the purposes of these Regulations as they apply for the purposes of seeds Regulations having effect under Part II of that Act and, unless the context otherwise requires, any reference in them to seeds Regulations or to that Part shall be construed as a reference to these Regulations and any reference to a person duly authorised by the Minister or to an authorised officer shall be taken to be references to an authorised officer within the meaning of these Regulations—

• section 25 (powers of entry);

• section 26 (use of samples in criminal proceedings);

• section 27 (tampering with samples);

• section 28 (institution of criminal proceedings), subject to the modification that it shall apply to proceedings in respect of any offence under these Regulations as it applies to the proceedings to which it refers;

• section 29(1) (application of Part II to seed potatoes); and

• section 30(2) (interpretation of Part II: contravention and failure of compliance).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Any test or trial being conducted at the coming into force of these Regulations for the purpose of regulation 11(1) of the 1982 Regulations shall have effect as if it were an official measure for the purposes of these Regulations.

Any arrangement under regulation 11(1) of the 1982 Regulations having effect at the coming into force of these Regulations shall have effect as if it were an arrangement for an official measure entered into under regulation 9 of these Regulations.

Any licence to conduct a trial referred to in regulation 11A(1) of the 1982 Regulations, issued under that regulation and having effect at the coming into force of these Regulations, shall have effect as if it were an arrangement for an official measure entered into under regulation 9 of these Regulations.

Any provision of a contract, entered into by the Minister of Agriculture, Fisheries and Food in connection with a trial referred to in regulation 11A(1) of the 1982 Regulations and having effect at the coming into force of these Regulations, shall have effect as if it were a provision of an arrangement entered into under regulation 9 of these Regulations.

For the purposes of these Regulations the tests and trials referred to in regulation 11AA of the 1982 Regulations (inserted by the Seeds (National Lists of Varieties) (Amendment) Regulations 1998) shall continue to be taken to be tests and trials required by those Regulations, as provided by that regulation 11AA, notwithstanding the failure of compliance referred to in that regulation.

Any period specified in a notice published in the Gazette under paragraph (3) of regulation 16 of the 1982 Regulations, in respect of which a plant variety may be marketed in accordance with paragraphs (1) or (2) of that regulation, which has not expired at the coming into force of these Regulations, shall have effect for the residue of that period as if it were a residual marketing period specified in a notice published under regulation 11(4) of these Regulations.

Any acceptance of a name of a variety under regulation 17 of the 1982 Regulations having effect at the coming into force of these Regulations, shall have effect as an acceptance of that name under regulation 6 of these Regulations.

Any acceptance of a maintainer of a variety under regulation 18 of the 1982 Regulations having effect at the coming into force of these Regulations, shall have effect as an acceptance of that maintainer under regulation 7 of these Regulations.

Any proposal for a decision referred to in paragraphs (1) or (2) of regulation 21 of the 1982 Regulations, in respect of which the decision has not been taken under those Regulations at the coming into force of these Regulations, shall have effect as a proposal for a relevant decision under these Regulations.

Any fee payable under regulation 3 of the fees Regulations in respect of a matter mentioned in that regulation, arising under the 1982 Regulations but not paid at the coming into force of these Regulations, shall be treated as a fee charged under, and recoverable as a debt in accordance with, regulation 10 of these Regulations.

F30The following Regulations shall be amended in accordance with the following provisions of this regulation.

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