- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Seeds (National Lists of Varieties) Regulations 2001, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) The [F2appropriate authority] shall not grant an application for the substitution or addition of a maintainer of a variety accepted on to a [F3GB 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 [F3GB Variety List] [F4, and, in the case of a conservation variety, in its region of origin].
(2) For the purposes of a decision under paragraph (1) above the [F2appropriate authority] shall have regard to—
(a)the facilities and services available to the applicant for the purpose of enabling him to maintain the variety; and
(b)such information, documents, reproductive or other material of the plant variety and any of its components as the [F2appropriate authority] may have required under regulation 4.
(3) The [F2appropriate 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 [F3GB Variety List].
(4) 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 [F2appropriate authority] for the purposes of paragraph (3) above.
(5) If an application for acceptance of a variety on to a [F3GB Variety List] has not yet been determined the [F2appropriate authority] shall not accept a person proposed in the application as a maintainer of the variety, or grant an application in respect of that application for the substitution or addition of a person proposed as a maintainer, unless they are satisfied the person—
(a)is capable of maintaining the variety [F5, including, in the case of a conservation variety, maintaining it in its region of origin];
(b)has access to sufficient facilities and services for the purpose of enabling him to maintain the variety; and
(c)is willing to maintain the variety.
(6) The [F2appropriate 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 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)
F3Words in reg. 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(3)(a)
F4Words in reg. 7(1) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 6(1)
F5Words in reg. 7(5)(a) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 6(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: