17.—(1) An individual may apply to the Department for a licence authorising him to take samples of seed of the species specified in Part 1 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 Department may require and shall be accompanied by such information as the Department may reasonably require.
18.—(1) Where an application is made under regulation 17 the Department shall grant the applicant a seed sampler’s licence if
(a)The Department is satisfied that the applicant has undertaken a training course on seed sampling organised by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales; and
(b)the applicant, having completed such a course, has passed an examination on seed sampling organised by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales.
(2) A licence granted under paragraph (1)
(a)shall specify which of the functions listed in Part 2 of Schedule 3 are covered by the licence and may in addition specify any other functions which the Department thinks necessary or desirable; and
(b)may impose any of the conditions listed in Part 3 of Schedule 3 and such other conditions as the Department 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 employer unless otherwise agreed between his employer, the applicant for certification and by the Department.
19. Subject to regulation 36, the Department may vary a seed sampler’s licence as the Department thinks fit.
20. If a seed sampler requests the Department to terminate his licence the Department shall comply with the request.
21. Subject to regulation 36, the Department may suspend or revoke a seed sampler’s licence if the Department 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 that licence; or
(b)is not carrying out the functions specified in that licence or complying with the conditions imposed on him by that licence.
22. The Department—
(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 the Department thinks appropriate.
23. A licensed seed sampler may charge reasonable fees for carrying out the functions of a licensed seed sampler but shall not derive any private gain in connection with the carrying out of such functions.