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)
1.—(1) A plant variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable in one or more important characteristics from any other variety known in the [F2United Kingdom or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions] at the time when the application for acceptance of the variety is duly made.
(2) The characteristics of a variety must be capable of precise recognition and precise definition.
[F3(3) Where, at the time when an application for acceptance of a variety is duly made, a variety is known in the United Kingdom (or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions), but when that application is determined the variety is no longer known in the United Kingdom (or accepted onto that official register), that variety must be disregarded for the purpose of determining distinctness as part of that application.]]
Textual Amendments
F2Words in Sch. 2 Pt. 1 para. 1(1) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(11)(a) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)(3)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F3Sch. 2 Pt. 1 para. 1(3) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(11)(b) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)(3)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)