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There are currently no known outstanding effects for the The Seeds (National Lists of Varieties) Regulations 2001, Section 6.
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6.—(1) A name of a plant variety [F2, other than a conservation variety,] is suitable in accordance with this regulation for publication in the Gazette if—
(a)the name is not unsuitable as described in paragraph (2) below; and
(b)in respect of a plant variety known at the time the [F3appropriate authority] determine an application for its acceptance on to a [F4GB Variety List], the name of the variety is, so far as it can be, the name under which the variety is already known at that time.
[F5(1A) 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).]
(2) For the purposes of this regulation a name of any plant variety is unsuitable if the [F3appropriate authority] are satisfied that—
(a)its use in the territory of the [F6United Kingdom is precluded by a prior right of a third party];
(b)it may commonly cause its users difficulties as regards recognition or reproduction;
(c)it is identical or may be confused with a name of another plant variety as specified in [F7regulation 3 of the Plant Breeders' Rights (Naming and Fees) Regulations 2006];
(d)it is identical to or may be confused with another name commonly used for the marketing of goods, or which is not available by virtue of other legislation;
(e)it is liable to give offence F8... or is contrary to the public interest; or
(f)it is liable to mislead or cause confusion concerning the characteristics, value or identity of the variety.
(3) For the purposes of this regulation a variety is known at the time the [F3appropriate authority] determine an application for its acceptance on to a [F4GB Variety List] if—
(a)it is registered in an official register of plant varieties [F9of a member of the International Union for the Protection of New Varieties of Plants];
(b)it has previously been accepted on to a [F10GB Variety List or NI Variety List] F11...;
(c)it is not clearly distinguishable from another variety assessed, with regard to distinctness, stability and uniformity in accordance with rules corresponding to [F12these Regulations, in a country]—
(i)which is a member of the International Union for the Protection of New Varieties of Plants; or
[F13(ii)with which there is an agreement in relation to official checks on practices for the maintenance of that other variety in the Annex to the Equivalence Decision; or]
[F14(iii)which has been granted equivalence by an appropriate authority; or]
(d)it is not clearly distinguishable from a variety previously accepted on to a [F15GB Variety List or NI Variety List] F16....
(4) If the [F3appropriate 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 [F17another] country for commercial purposes under a different name, the [F3appropriate authority] shall include that name in the reference to the name of the variety on the [F4GB Variety List].
(5) If the [F3appropriate authority] are satisfied that the name by reference to which the variety was accepted on to a [F4GB Variety List] was not in accordance with the provisions of this regulation, the Secretary of State—
(a)shall adapt the name of the variety on the List to ensure it conforms with those provisions and publish in the Gazette a notice of the adapted name; and
(b)may publish a notice in the Gazette that the name by reference to which the variety was accepted may be used in addition to the adapted name for a period specified in the notice.
(6) The [F3appropriate authority] shall not grant an application for a change to the name of a variety accepted on to a [F4GB Variety List] or a change to the name of a variety proposed in any application for acceptance of a variety on to a [F4GB Variety List], unless they are satisfied that the proposed new name complies with the requirements of this regulation.
(7) The [F3appropriate authority] shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.]
Textual Amendments
F1Regulations revoked (N.I.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 5 (with savings and transitional provisions in S.R. 2020/302, reg. 25)
F2Words in reg. 6(1) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 5(1)
F3Words in regs. 3-7 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(4)
F4Words in reg. 6 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(3)(a)
F5Reg. 6(1A) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 5(2)
F6Words in reg. 6(2)(a) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(a)(i) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 6(2)(c) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(a)(ii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 6(2)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(a)(iii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 6(3)(a) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(i) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in reg. 6(3)(b) substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(7)(a)
F11Words in reg. 6(3)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(ii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in reg. 6(3)(c) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(iii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F13Reg. 6(3)(c)(ii) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(5)
F14Reg. 6(3)(c)(iii) inserted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(7)(b)
F15Words in reg. 6(3)(d) substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(7)(a)
F16Words in reg. 6(3)(d) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(iv) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F17Word in reg. 6(4) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(c) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
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