The Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 (revoked)

PART I E+W GENERAL

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005.

(2) These Regulations come into force on 18 November 2005 and apply in relation to Wales.

General interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Plant Varieties and Seeds Act 1964;

“Analyst in Charge” and “seed analyst” have the meaning given in regulation 27(1);

“authorised officer” means an officer authorised by the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development for the purposes of these Regulations;

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

“LSTS” means a laboratory in respect of which a licence has been granted pursuant to regulation 25;

“the National Assembly” means the National Assembly for Wales;

“official measures” includes—

(a)

matters connected with the registration of a person who may engage in a seed industry activity under Part II of these Regulations;

(b)

matters connected with the training, examination and licensing of crop inspectors under Part III of these Regulations;

(c)

matters connected with the training, examination and licensing of seed samplers under Part IV of these Regulations; and

(d)

matters connected with the licensing of seed testing stations and the training and examination of seed analysts and Analysts in Charge under Part V of these Regulations;

“prescribed minimum weight”, in relation to a submitted sample, means the minimum weight of such a sample as prescribed in Schedule 7 of the appropriate Seed Marketing Regulations;

“registered person” means a person registered pursuant to regulation 5 as a person who may engage in a seed industry activity;

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

“seed” means seed of any species to which Seed Marketing Regulations apply;

“seed industry activity” means any of the following—

(a)

the marketing of seed other than the marketing—

(i)

of small packages of seed, small EC packages of seed (as defined in each case in the Seed Marketing Regulations);

(ii)

of unpacketed seed;

(iii)

by a producer of small quantities of seed for scientific purposes or selection work in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations which would permit the marketing of such seed under those Regulations;

(iv)

by a producer of seed for test and trial purposes in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations (where applicable) which would permit the marketing of such seed under those Regulations;

(v)

by or on behalf of a breeder of seed for market testing in compliance with an authorisation referred to in that connection in the Vegetable Seed (Wales) Regulations 2005 which would permit the marketing of such seed under those Regulations; or

(vi)

of seed, as grown, for processing provided the identity of the seed is ensured;

(b)

the packing, sealing or labelling of seed (including the labelling or marking of standard seed of vegetables) except small packages of seed, small EC packages of seed (as defined in each case in the Seed Marketing Regulations);

(c)

the re-packing, re-sealing or re-labelling of seed;

(d)

the preparation of mixtures of seeds permitted by the Seed Marketing Regulations; and

(e)

the cleaning, treating or other processing of seed intended for marketing;

“the Seed Marketing Directives” means—

(a)

Council Directive 2002/54/EC M1 on the marketing of beet seed, as last amended by Council Directive 2004/117/EC M2 ;

(b)

Council Directive 66/402/EEC M3 on the marketing of cereal seed, as last amended by Council Directive 2004/117/EC;

(c)

Council Directive 66/401/EEC M4 on the marketing of fodder plant seed, as last amended by Council Directive 2004/117/EC;

(d)

Council Directive 2002/57/EC M5 on the marketing of oil and fibre plant seed as last amended by Council Directive 2004/117/EC; and

(e)

Council Directive 2002/55/EC M6 on the marketing of vegetable seed, as last amended by Council Directive 2004/117/EC;

“the Seed Marketing Regulations” means—

(a)

in relation to beet seed, the Beet Seed (Wales) Regulations 2005 M7 ;

(b)

in relation to cereal seed, the Cereal Seed (Wales) Regulations 2005 M8 ;

(c)

in relation to fodder plant seed, the Fodder Plant Seed (Wales) Regulations 2005 M9 ;

(d)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Wales) Regulations 2004 M10 ); and

(e)

in relation to vegetable seed, the Vegetable Seed (Wales) Regulations 2005 M11 ); and

“statutory seed testing” means seed testing carried out for the purposes of the Seed Marketing Regulations.

(2) Subject to paragraph (3), in these Regulations “marketing” means—

(a) selling, holding with a view to sale and offering for sale, and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies, and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

(4) All applications, statements of commitment, representations, notices and requests to which these Regulations apply shall be made in writing.

(5) “Writing” in paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act 2000 M12 ) provided that—

(a) any document of the type referred to in paragraph (4) shall only be sent to the National Assembly by an electronic communication if the National Assembly has represented that electronic communication is a means by which persons can send such a document to it, and

(b) notifications required to be made by the National Assembly to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the National Assembly pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which the National Assembly can communicate with the intended recipient.

(6) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in those Regulations.

Marginal Citations

M1 OJ No. L. 193, 20.7.2002, p. 12.

M2 OJ No.L. 014, 18.1.2005, p. 18.

M3 OJ No. L. 125, 11.7.66, p. 2309.

M4 OJ No. L.125, 11.7.66, p. 2298.

M5 OJ No. L.193, 20.7.2002, p. 74.

M6 OJ No. L.193, 20.7.2002, p. 33.

M7 S.I. 2005/3037 (W.225)

M8 S.I. 2005/3036 (W.224)

M9 S.I. 2005/1207 (W.79)

M10 S.I. 2004/2881 (W.251)

M11 S.I. 2005/3035 (W.223)

M12 2000 c. 7.

PART II E+W REGISTRATION OF PERSONS ENGAGED IN SEED INDUSTRY ACTIVITIES

Obligation to be registered E+W

3.  No person shall engage in a seed industry activity unless the person is registered by the National Assembly as a person who may engage in that activity.

Applications for registration E+W

4.—(1) A person may apply to the National Assembly to be registered as a person who may engage in a seed industry activity.

(2) An application made under paragraph (1) may relate to all seed industry activities or to any one or more of them and shall—

(a) be made in such form and manner as the National Assembly may require; and

(b) be accompanied by such information relating to the applicant's proposed business and such other information as the National Assembly may reasonably require for the purpose of determining whether the applicant is a suitable person to be registered as a person who may engage in the seed industry activity to which his or her application relates.

Registrations E+W

5.—(1) Where an application is made under regulation 4 the National Assembly shall, after carrying out such investigations and inspections as it may think fit, register the applicant as a person who may engage in the seed industry activity to which his or her application relates if it is satisfied that the applicant is a suitable person to engage in such activity.

(2) In deciding whether an applicant is a suitable person to engage in the seed industry activity to which his or her application relates the National Assembly may take into account the matters specified in Part I of Schedule 1.

Conditions to be complied with by registered persons E+W

6.  A registration granted under regulation 5 may be subject to any of the conditions specified in Part II of Schedule 1 and such other conditions as the National Assembly may think necessary or desirable.

Termination of registrations E+W

7.  If a registered person requests the National Assembly to terminate his or her registration in respect of any or all of the seed industry activities that the person is registered as being entitled to engage in the National Assembly shall comply with the request.

Revocation of registrations E+W

8.  Subject to regulation 36, the National Assembly may revoke a person's registration relating to his or her entitlement to engage in a seed industry activity if—

(a) it is satisfied that the person is not complying with any of the conditions to which his or her registration is subject;

(b) it is satisfied that there is no longer available to the person such premises, machinery, equipment, facilities or personnel and services as are necessary to enable the person to engage in the seed industry activity;

(c) the person has been found guilty of committing any offence under section 16(7) of the Act; or

(d) it is otherwise no longer satisfied that the person is a suitable person to engage in the seed industry activity.

List E+W

9.  The National Assembly—

(a) shall keep a list containing the names and addresses of registered persons who may engage in a seed industry activity specifying, in the case of each registered person, the seed industry activity in respect of which they are registered;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

PART III E+W LICENSED CROP INSPECTORS

Applications for licences E+W

10.—(1) An individual may apply to the National Assembly for a licence authorising the individual to inspect crops grown to produce seed of any one or more of the species and categories listed in Part I of Schedule 2.

(2) An application made under paragraph (1) shall be in such form and manner as the National Assembly may require and be accompanied by such information as the National Assembly may reasonably require

Licences E+W

11.—(1) Where an application is made under regulation 10(1) the National Assembly shall grant the applicant a licence authorising the applicant to inspect crops of the species and category to which the application relates if it is satisfied that the applicant has—

(a) completed an appropriate training course relating to the inspection of seed crops of that species and category;

(b) passed an examination relating to the inspection of seed crops of that species and category organised by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development; and

(c) signed a statement of commitment to carry out his or her functions in accordance with such instructions as may from time to time be issued by or on behalf of the National Assembly.

(2) A licence granted under paragraph (1)—

(a) shall specify which of the functions listed in Part II of Schedule 2 are covered by the licence; and

(b) may impose any of the conditions listed in Part III of Schedule 2 and such other conditions as the National Assembly may think necessary or desirable having regard to the species and category of crops that may be inspected by the licence holder.

(3) A licensed crop inspector who is employed by a person who is engaged in a seed industry activity shall carry out crop inspections only on crops grown by or on behalf of his or her employer unless otherwise agreed between his or her employer, the applicant for certification and by the National Assembly.

Variation of licences E+W

12.—(1) A crop inspector may apply to the National Assembly for the crop inspector's licence to be varied so as to authorise the crop inspector to inspect crops being grown to produce seed of another species and category listed in Part I of Schedule 2 in addition to the species and category specified in his or her licence or instead of such species and category.

(2) Where an application is made under paragraph (1) it shall be treated as though it had been made under regulation 10(1) and the National Assembly may vary a crop inspector's licence so as to authorise the crop inspector to inspect crops of the species and category to which the crop inspector's application relates if it is satisfied that the applicant has satisfied the requirements of regulation 11(1).

(3) In varying a licence under paragraph (2) the National Assembly may vary the functions of the crop inspector specified in his or her licence and the conditions imposed by his or her licence.

(4) Subject to regulation 36, the National Assembly may vary a crop inspector's licence whether or not it has received any application under this regulation by—

(a) removing his or her authorisation to inspect a species and category of crop if it is satisfied that the crop inspector is no longer qualified to inspect crops of that species and category or that his or her authorisation to inspect such crops is otherwise no longer appropriate; or

(b) varying the functions or the conditions set out in the licence.

Termination of licences E+W

13.  If a licensed crop inspector requests the National Assembly to terminate his or her licence the National Assembly shall comply with the request.

Suspension and revocation of licences E+W

14.  Subject to regulation 36, the National Assembly may suspend or revoke a licensed crop inspector's licence if it is satisfied that the licence holder—

(a) is no longer qualified to inspect crops of the species and category to which his or her licence relates or is otherwise unfit to perform any of the functions of a licensed crop inspector specified in the licence, or

(b) has failed to comply with any of the conditions imposed on the holder by the licence.

List E+W

15.  The National Assembly—

(a) shall keep a list of the names and addresses of licensed crop inspectors and shall specify in the case of each crop inspector the species and category of crops which the crop inspector is licensed to inspect;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

Fees E+W

16.  A licensed crop inspector may charge reasonable fees for carrying out his or her functions as a licensed crop inspector but shall not derive any private gain in connection with the carrying out of such functions.

PART IV E+W LICENSED SEED SAMPLERS

Applications for licences E+W

17.—(1) An individual may apply to the National Assembly for a licence authorising the individual to take samples of seed of the species specified in Part I of Schedule 3 for the purposes of the Seed Marketing Regulations.

(2) An application made under paragraph (1) shall be made in such form and manner as the National Assembly may require and shall be accompanied by such information as the National Assembly may reasonably require.

Licences E+W

18.—(1) Where an application is made under regulation 17 the National Assembly shall grant the applicant a seed sampler's licence if—

(a) it is satisfied that the applicant has undertaken a training course on seed sampling organised by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development; and

(b) the applicant, having completed such a course, has passed an examination on seed sampling organised by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

(2) A licence granted under paragraph (1)—

(a) shall specify which of the functions listed in Part II of Schedule 3 are covered by the licence and may in addition specify any other functions which the National Assembly thinks necessary or desirable; and

(b) may impose any of the conditions listed in Part III of Schedule 3 and such other conditions as the National Assembly may think necessary or desirable.

(3) A licensed seed sampler who is employed by a person who is engaged in a seed industry activity shall only sample seed lots produced by or on behalf of his or her employer unless otherwise agreed between his or her employer, the applicant for certification and by the National Assembly.

Variation of licences E+W

19.  Subject to regulation 36, the National Assembly may vary a seed sampler's licence as it thinks fit.

Termination of licences E+W

20.  If a seed sampler requests the National Assembly to terminate his or her licence the National Assembly shall comply with the request.

Suspension and revocation of licences E+W

21.  Subject to regulation 36, the National Assembly may suspend or revoke a seed sampler's licence if it is satisfied that the seed sampler—

(a) is no longer qualified to sample seed or is otherwise unfit to perform any of the functions specified in his or her licence; or

(b) is not carrying out the functions specified in his or her licence or complying with the conditions imposed on the seed sampler by the licence.

List E+W

22.  The National Assembly—

(a) shall keep a list of the names and addresses of licensed seed samplers;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

Fees E+W

23.  A licensed seed sampler may charge reasonable fees for carrying out his or her functions as a licensed seed sampler but shall not derive any private gain in connection with the carrying out of such functions.

PART V E+W LICENSED SEED TESTING STATIONS

Applications for licences E+W

24.—(1) A person may apply to the National Assembly for an establishment to be licensed as a laboratory that may be used for carrying out statutory seed testing.

(2) An application made under paragraph (1) may relate to any species of seed to which the Seed Marketing Regulations apply.

(3) An application made under paragraph (1) shall—

(a) contain the name and address of the applicant and, where different, the person who shall be in charge of the laboratory (the “person in charge”);

(b) be accompanied by details of the laboratory and species of seed in respect of which a licence is sought; and

(c) contain such other information as the National Assembly may reasonably require for the purpose of considering the matters to be taken into account in Part I of Schedule 4.

Licences E+W

25.—(1) Where an application is made in accordance with regulation 24 the National Assembly shall license the establishment to be used as a laboratory that may carry out statutory seed testing of the species specified in that application if it is satisfied that the laboratory is suitable having regard to the matters to be taken into account in Part I of Schedule 4.

(2) A LSTS belonging to a registered person shall only carry out statutory seed testing on seed lots produced by or on behalf of that person unless otherwise agreed between the registered person, the applicant for certification and the National Assembly.

(3) The licence shall be subject to the conditions set out in Part II of Schedule 4 and such other conditions as the National Assembly may think necessary or desirable having regard to the species of seed to be tested, the nature of the tests to be carried out and the procedure to be followed in connection with such tests.

Variation of licences E+W

26.—(1) The person in charge of a LSTS may apply to the National Assembly for the licence held in respect of that LSTS to be varied so as to authorise its use as a laboratory that may carry out statutory seed testing on another species of seed in addition to the species specified in the licence or instead of such species.

(2) Where an application is made under paragraph (1) the National Assembly shall vary the licence so as to authorise the laboratory to which it relates to carry out statutory seed testing on the species of seed to which that application relates if it is satisfied that the laboratory is suitable, having regard to the matters to be taken into account in Part I of Schedule 4.

(3) In varying a licence under paragraph (2) the National Assembly may vary the conditions imposed by the licence.

(4) Subject to regulation 36, the National Assembly may vary a LSTS licence whether or not it has received any application under this regulation—

(a) by removing the authorisation relating to the statutory seed testing of a species of seed if it is satisfied that the LSTS is no longer suitable to carry out statutory seed tests in respect of that species or that the authorisation to test such seed is otherwise no longer appropriate; or

(b) by varying the conditions imposed by a LSTS licence.

Examinations E+W

27.—(1) For the purposes of this Part and Schedule 4—

(a) a seed analyst is a person who—

(i) has completed a training course organised by, or on behalf of, the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development relating to seed testing in respect of seed of the species being tested, or to be tested, by the person; and

(ii) having completed such a course, has passed the relevant examination organised by, or on behalf of, the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development;

(b) an Analyst in Charge is a person who, being also a seed analyst, has—

(i) completed the training course and passed the examination required of a seed analyst in respect of seed of each of the species which may be tested at the LSTS for which he or she has, or is to have, responsibility; and

(ii) passed an examination relating to laboratory management organised by, or on behalf of, the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

(2) The National Assembly may from time to time require any seed analyst carrying out statutory seed testing at a LSTS or the Analyst in Charge of a LSTS to attend such further training courses and undergo such further examinations as it considers appropriate in order to maintain his or her knowledge and qualifications in respect of his or her functions at the LSTS.

Duties of seed analysts in charge of LSTSs E+W

28.  A person acting as the Analyst in Charge of a LSTS shall—

(a) have direct responsibility for the technical operations of the LSTS ;

(b) be in effective control of all the statutory seed testing carried out at the LSTS; and

(c) exercise close supervision of the work of any seed analyst assisting the person in connection with statutory seed testing carried out at the LSTS.

Suspension and revocation of licences E+W

29.  Subject to regulation 36, the National Assembly may suspend or revoke a LSTS licence if it appears to it that—

(a) there has been a breach of any conditions of the licence;

(b) a person acting as a Analyst in Charge of a LSTS—

(i) is no longer qualified to act as such,

(ii) has failed to comply with the duties imposed on the person by regulation 28, or

(iii) is otherwise unfit to perform his or her duties; or

(c) a seed analyst carrying out statutory seed testing at the LSTS is no longer qualified to do so.

List E+W

30.  The National Assembly

(a) shall prepare a list of LSTSs and shall specify in the case of each LSTS the species of seed which it is licensed to test;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

Fees E+W

31.—(1) The person in charge of a LSTS may charge reasonable fees for statutory seed testing carried out on seed at the LSTS but shall not derive any private gain from such tests.

(2) The National Assembly may charge the person in charge of a LSTS reasonable fees in respect of costs incurred by the National Assembly in connection with the licensing and supervision of the LSTS and the statutory seed testing carried out there.

PART VI E+W ENFORCEMENT OF SEEDS REGULATIONS

Sampling for enforcement purposes E+W

32.—(1) A sample of seed taken for the enforcement of the Seed Marketing Regulations or these Regulations shall be taken and divided by an authorised officer in accordance with the requirements contained in Schedule 5 to provide three parts of which—

(a) one part shall be delivered or sent to the owner of the seed or his or her representative; and

(b) two parts shall be delivered or sent to an official seed testing station, one of which parts shall be officially examined for the purposes of the appropriate Seed Marketing Regulations and the other of which shall be retained by such person for production to a court in accordance with section 26(7) of the Act,

except that where it appears to the person taking the sample that the seed from which the sample has been taken was purchased for use and not for resale, the first part of the sample shall be delivered or sent to the last seller of the seed or to his or her representative instead of to the owner of the seed or his or her representative.

(2) Where a part of a sample taken under this regulation has been officially examined for the purposes of the appropriate Seed Marketing Regulations, any residue from the sample may be used for such other tests as the National Assembly may direct including for the purpose of the Community comparative tests referred to in the corresponding Seed Marketing Directives.

(3) Subject to paragraph (4), the minimum weight of the sample of seed shall be such as to ensure that each of the parts into which it is divided is of not less than the prescribed minimum weight for the sample.

(4) Where the seed from which a sample is to be taken for the enforcement of the Vegetable Seed (Wales) Regulations 2005 is contained in small packages, the sample shall consist of as many such packages as the person taking the sample may reasonably require.

Certificates of taking and testing a sample E+W

33.—(1) A certificate in the form set out in Schedule 6 of the taking of a sample of seed for the enforcement of Seed Marketing Regulations is prescribed for the purposes of section 26(3) of the Act.

(2) A certificate of the result of a test of a sample of seed carried out for the enforcement of the Seed Marketing Regulations is prescribed for the purposes of section 24(5) of the Act, in the form set out in Schedule 7 which corresponds with the species of seed tested.

PART VII E+W MISCELLANEOUS AND SUPPLEMENTAL

Arrangements for official measures E+W

34.—(1) Subject to the following provisions of this regulation, the National Assembly may make arrangements, in such form as it is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under its responsibility or control to carry out official measures.

(2) The National Assembly shall not make arrangements under this regulation unless it is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under the supervision of the National Assembly.

(3) An arrangement under this regulation may include such conditions as the National Assembly is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures being carried out; and

(iii) the records that must be kept by the person with whom the arrangement is made in connection with the official measures being carried out; and

(b) prohibiting the person with whom the arrangement is made from—

(i) carrying out the official measures except under official supervision; and

(ii) charging fees in relation to official measures carried out under the arrangement except to the extent that these do not exceed the costs incurred in carrying them out;.

(4) The National Assembly may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, by giving notice to the person with whom the arrangement is made.

(5) A notice of a variation, suspension or revocation of any arrangement or of a condition of an arrangement shall specify—

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which the suspension shall have effect,

and the variation, suspension or revocation shall have effect in accordance with the notice.

(6) When a variation, suspension or revocation has effect the National Assembly 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 it to be official measures carried out in accordance with the provisions of these Regulations.

Fees E+W

35.—(1) The National Assembly may charge any person, including any person with whom an arrangement has been made under regulation 34, reasonable fees in respect of the costs the National Assembly reasonably incurs in carrying out official measures for the purposes of these Regulations.

(2) A person with whom an arrangement has been made in accordance with regulation 34, may charge any other person reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility or control of the National Assembly in accordance with these Regulations.

(3) Where a person has been given notice—

(a) by or on behalf of the National Assembly of a fee duly charged in accordance with paragraph (1); or

(b) by a person with whom an arrangement has been made under regulation 34 of a fee duly charged in accordance with paragraph (2),

the person given the notice shall pay as specified in the notice the amount of the fee so charged.

Right to make representations E+W

36.—(1) The National Assembly shall not—

(a) refuse to register a person as a person who may engage in a seed industry activity;

(b) revoke the registration of a person as a person who may engage in a seed industry activity;

(c) refuse to grant or vary a crop inspector's licence;

(d) vary a crop inspector's licence pursuant to regulation 12(4);

(e) suspend or revoke a licensed crop inspector's licence;

(f) refuse to grant a seed sampler's licence

(g) vary a licensed seed sampler's licence;

(h) suspend or revoke a licensed seed sampler's licence;

(i) refuse to grant or vary a LSTS licence;

(j) vary a LSTS licence pursuant to regulation 26(4); or

(k) suspend or revoke a LSTS licence;

unless it has complied with the provisions of this regulation.

(2) The National Assembly shall—

(a) give the person concerned notice stating what it is proposing to do and the reasons for it; and

(b) inform the person concerned of his or her right to make representations to it and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made.

(3) In this regulation, the person concerned in the case of any notice served in connection with a LSTS shall be the person in charge of the LSTS.

(4) Subject to paragraph (5), the National Assembly shall not proceed with its proposed refusal, variation, suspension or revocation (as the case may be) until the period allowed for making representations has passed.

(5) Where the National Assembly considers it necessary to suspend a crop inspector's licence, a seed sampler's licence or a LSTS licence, with immediate effect, it may do so notwithstanding the right of the person concerned to make representations and when it gives notice of its decision under paragraph (7) it shall—

(a) indicate whether the suspension should for the time being remain in force; or

(b) withdraw the suspension of the licence.

(6) A person who makes representations to the National Assembly shall provide the National Assembly with a copy of any document upon which that person seeks to rely within the time allowed for the making of such representations.

(7) The National Assembly shall consider any representations made to it under this regulation before giving the person concerned notice of its decision together with the reasons for it and, where appropriate, of the date from which the decision shall have effect.

(8) A notice under paragraph (7) shall where applicable inform the person concerned of—

(a) his or her right to appeal to the Tribunal M13 against the National Assembly's decision; and

(b) the time within which such an appeal may be brought.

(9) There shall be no right of appeal to the Tribunal where the National Assembly—

(a) has refused to grant a crop inspector's licence or a seed sampler's licence for the sole reason that that person failed to pass the relevant examination for the grant of the licence;

(b) has refused to vary a crop inspector's licence for the sole reason that that person failed to pass the relevant examination for the variation of the licence; or

(c) has decided that a licensed crop inspector or licensed seed sampler is no longer qualified to inspect crops or sample seed (as the case may be) and has—

(i) in the case of a crop inspector varied, suspended or revoked his or her licence, or

(ii) in the case of a licensed seed sampler suspended or revoked his or her licence

for the sole reason that that person failed to pass an examination which that person was required to undergo as a condition of his or her licence.

(10) The National Assembly may charge any person making representations under this regulation reasonable fees in that connection which shall be payable on making the representations to it.

Marginal Citations

M13 Plant Varieties and Seed Tribunal as defined in S.38(1) of the Plant Varieties and Seeds Act 1964.

Appeals E+W

37.—(1) A person notified of his or her right to appeal under regulation 36(8) may bring an appeal to the Tribunal.

(2) The National Assembly shall take such steps as may be necessary to give effect to any decision of the Tribunal given on the final determination of an appeal under paragraph (1).

Extension of time E+W

38.  Where any document is to be delivered or given or any act is to be done in a time prescribed by these Regulations the National Assembly may, if in all the circumstances of the case it considers it reasonable, extend the time for such period and upon such terms as it thinks fit.

Form of records E+W

39.  Any record required to be kept under these Regulations may be in written or electronic form and shall be kept for at least three years.

Form of lists E+W

40.  Any list required to be kept by the National Assembly under these Regulations may be in written or electronic form.

Service of notices E+W

41.—(1) Any notice required by virtue of these Regulations to be given to any person by the National Assembly may be given by it—

(a) by delivering it to the person or by leaving it at the person's proper address or by sending it by post to the person at that address;

(b) if the person is a body corporate other than a limited liability partnership, by giving it in accordance with paragraph (a) on the secretary of the body;

(c) if the person is a limited liability partnership, by giving it in accordance with paragraph (a) on a member of the partnership; or

(d) if the person is a partnership, by giving it in accordance with paragraph (a) on a partner or a person having control of the management of the partnership business.

(2) For the purposes of this regulation and section 7 of the Interpretation Act 1978 M14 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given shall be his or her last known address, except that—

(a) in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;

(b) in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; and

(c) in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

(3) Paragraph (4) applies if a person to be given a notice under these Regulations by the National Assembly has specified to it an address within the United Kingdom other than his or her proper address (as determined under paragraph (2)) as the one at which the person or someone on his or her behalf will accept notices of that description.

(4) In relation to that notice, that address shall be treated as his or her proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).

Marginal Citations

M14 1978 c. 30.

Revocations, transitional and savings provisions E+W

42.—(1) Subject to the following provisions of this regulation, the following Regulations are revoked—

(a) The Seeds (Registration, Licensing and Enforcement) Regulations 1985 M15 (“the 1985 Regulations”) in relation to Wales and

(b) The Seed (Fees) Regulations 1985 M16 (“the 1985 Fees Regulations”) in relation to matters arising under the 1985 Regulations in relation to Wales.

(2) Any application made to the National Assembly in accordance with regulation 4(2) of the 1985 Regulations but not determined at the coming into force of these Regulations shall be treated as an application referred to in regulation 4(1) of these Regulations and shall be determined in accordance with these Regulations.

(3) Any registration made pursuant to regulation 4(3) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a registration made pursuant to regulation 5 of these Regulations;

(4) Subject to paragraph (6)—

(a) any licence granted to a seed testing station pursuant to regulation 9(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 25 of these Regulations; and

(b) any licence granted to a crop inspector or seed sampler pursuant to regulation 10(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 11 of these Regulations in the case of a crop inspector and regulation 18 of these Regulations in the case of a seed sampler.

(5) The right to make representations pursuant to regulation 36 of these Regulations and to appeal to the Tribunal pursuant to regulation 37 of these Regulations shall not apply in respect of any licence which was granted under the 1985 Regulations and which is varied within three months of the coming into force of these Regulations.

(6) Any fee arising (whether wholly or in part) under the 1985 Regulations or the 1985 Fees Regulations but not paid at the coming into force of these Regulations shall be treated as a fee arising under these Regulations and shall be recoverable accordingly.

Marginal Citations

M15 S.I. 1985/980, as amended by S.I. 1987/1098, S.I. 1990/611 and S.I. 1993/2530.

M16 S.I. 1985/981, as last amended by S.I. 1990/610, S.I. 1999/1865 and, as respects England, S.I. 2002/1563.

M17 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

M17 1998 c. 38.