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The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016
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- Scottish Statutory Instruments
- 2016 No. 68
- PART IV
- Regulation 23
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23.—(1) Subject to the following provisions of this regulation, the 2006 Regulations are revoked.
(2) Any application made to the Scottish Ministers in accordance with regulation 4(1) (applications for registration) of the 2006 Regulations but not determined before 1st July 2016 is to be treated as an application to be licensed as a professional seed operator under regulation 3(1)(a) of these Regulations and is to be determined in accordance with these Regulations.
(3) Any application made to the Scottish Ministers for—
(a)a crop inspector’s licence under regulation 10(1) of the 2006 Regulations;
(b)a seed sampler’s licence under regulation 17(1) of the 2006 Regulations; or
(c)a seed testing station licence under regulation 24(1) of the 2006 Regulations,
but not determined before 1st July 2016, is to be treated as an application for a licence under regulation 3(1)(a) or, as the case may be, regulation 3(1)(b) of these Regulations and is to be determined in accordance with these Regulations.
(4) Subject to paragraph (6), any registration granted under regulation 5(1) of the 2006 Regulations and having effect immediately before 1st July 2016 is to continue to have effect until 31st December 2016 and the 2006 Regulations continue to apply to any such registration.
(5) A registered person (as defined in regulation 2(1) of the 2006 Regulations) may, in accordance with regulation 3(1)(a) of these Regulations, apply to be licensed as a professional seed operator.
(6) Where, following the receipt of an application as mentioned in paragraph (5), the Scottish Ministers grant a licence under regulation 4(1)(a) of these Regulations, any registration granted under regulation 5(1) of the 2006 Regulations ceases to have effect as from the date of the grant of the licence.
(7) Any licence—
(a)granted—
(i)to a licensed crop inspector under regulation 11(1) of the 2006 Regulations;
(ii)to a licensed seed sampler under regulation 18(1) of the 2006 Regulations; or
(iii)in respect of a licensed seed testing station under regulation 25(1) of the 2006 Regulations; and
(b)having effect immediately before 1st July 2016,
is to have effect on and after 1st July 2016 as if it were a licence granted under regulation 4(1)(a) of these Regulations.
(8) The Scottish Ministers may, in accordance with regulation 5(1) of these Regulations, vary any licence mentioned in paragraph (7) apart from its expiry date.
(9) The right to make representations in accordance with regulation 15 of these Regulations and the right to appeal to the Tribunal in accordance with regulation 16 of these Regulations is not to apply in respect of any licence which was granted under the 2006 Regulations and which is, in accordance with regulation 5(1) of these Regulations, varied no later than 31st December 2016.
(10) Any fee arising whether wholly or in part under the 2006 Regulations but not paid before 1st July 2016 is to be treated as a fee arising under these Regulations and is recoverable accordingly.
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