The Seeds (National Lists of Varieties) (Amendment) Regulations 1990

Amendment

2.  The Seeds (National Lists of Varieties) Regulations 1982(1) shall be amended as follows–

(a)in regulation 11 (applications for entry in a National List), for sub-paragraph (b) of paragraph (3) there shall be substituted the following sub-paragraph–

“(b)any species of–

(i)grass intended for fodder production, being a variety of a species of Agrostis, Bromus, Festuca, Lolium, Phleum or Poa named in Part I of Schedule 1, of cocksfoot or of tall oatgrass,

(ii)legume, being a variety of a species of Lupinus, Medicago, Trifolium or Vicia named in Part I of Schedule 1 or of field pea, sainfoin or of birdsfoot trefoil,

(iii)fodder kale, fodder radish, linseed, brown mustard, black mustard, white mustard for green manuring, soya bean, sun-flower, swede, swede rape (including oilseed rape) or of turnip rape, or

(iv)durum wheat, fodder beet, maize (except sweetcorn), rye for grain, spelt, sugar beet or of triticale,

unless in each case the applicant submits to the Ministers with the application the results of two replicated trials conducted in the United Kingdom, such results being expressed relative to named control varieties and relating to yield, with the standard error of the variety mean yield for each trial, and field characters.”; and

(b)after regulation 11 there shall be inserted the following regulation–

“11A.—(1) The Ministers may grant to any person a licence to conduct trials for value for cultivation and use of a plant variety which is the subject of an application for entry in a National List.

(2) A licence granted under paragraph (1) above may impose such conditions as the Ministers shall think necessary or desirable having regard to the kinds of plant varieties on which trials are to be conducted, the kind of trials to be conducted and the procedure to be followed in connection with such trials (and such conditions may include a requirement relating to the keeping and production of records).

(3) The Ministers may at any time vary a licence granted under paragraph (1) above by a notice in writing given to the holder of the licence.

(4) Subject to paragraphs (5) and (6) below, the Ministers may revoke or suspend a licence granted under paragraph (1) above if it appears to them that the holder of the licence has failed to comply with any of the conditions imposed by the licence.

(5) Where the Ministers propose to revoke or suspend a licence under paragraph (4) above, they shall give to the holder of the licence notice in writing of the proposed revocation or suspension together with the reasons for it and shall afford him an opportunity of making representations in writing to the Ministers with regard to that proposal or of being heard by a person appointed for the purpose by the Ministers.

(6) A notice given by the Ministers under paragraph (5) above shall inform the person to whom it is given of his right to make representations in writing, 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 and of his right to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard.

(7) The Ministers shall not take a decision to revoke or suspend a licence under paragraph (4) above until they have considered any representations made by the holder of the licence (whether orally or in writing) under paragraph (6) above.”