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The Beet Seed (Scotland) (No. 2) Regulations 2010
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- Scottish Statutory Instruments
- 2010 No. 148
- PART V
- Regulation 21
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- sch. 1 Pt. 2 para. 2(c)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(a) (as substituted) by S.S.I. 2020/445 reg. 16(17)(a)
- sch. 1 Pt. 2 para. 3(c)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(b) (as substituted) by S.S.I. 2020/445 reg. 16(17)(b)
- sch. 1 Pt. 2 para. 4(b)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(c) (as substituted) by S.S.I. 2020/445 reg. 16(17)(c)
- sch. 6 para. 13(2) inserted by S.S.I. 2019/59 reg. 15(22)(f)(iv) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
- sch. 6 para. 13(1) sch. 6 para. 13 renumbered as sch. 6 para. 13(1) by S.S.I. 2019/59 reg. 15(22)(f)(ii) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
- sch. 6 para. 13(1) words substituted by S.S.I. 2019/59 reg. 15(22)(f)(iii) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
- reg. 6(1)(c) and word inserted by S.S.I. 2019/59 reg. 15(4)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 15(4)(a) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(3)(a))
- reg. 6(5A) inserted by S.S.I. 2019/59 reg. 15(4)(d) (This amendment not applied to legislation.gov.uk. Reg. 15(4)(d) omitted immediately before IP completion day by virtue of S.S.I. 2020/445, regs. 1(1)(b), 16(3)(c))
- reg. 6A inserted by S.S.I. 2019/59 reg. 6(4)
- reg. 6A substituted by S.S.I. 2019/59 reg. 15(5) (This amendment not applied to legislation.gov.uk. Reg. 15(5) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(4))
- reg. 6A heading words substituted by S.S.I. 2019/59, reg. 15(5)(a) (as substituted) by S.S.I. 2020/445 reg. 16(4)
- reg. 6A words substituted by S.S.I. 2019/59, reg. 15(5)(b) (as substituted) by S.S.I. 2020/445 reg. 16(4)
- reg. 7(1)-(1B) substituted for reg 7(1) by S.S.I. 2019/59, reg. 15(6) (as substituted) by S.S.I. 2020/445 reg. 16(5)
- reg. 7(1)(1A) substituted for reg. 7(1) by S.S.I. 2019/59 reg. 15(6) (This amendment not applied to legislation.gov.uk. Reg. 15(6) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(5))
- reg. 10(7A) inserted by S.S.I. 2019/59 reg. 15(9)
- reg. 10(7A) words substituted in earlier amending provision S.S.I. 2019/59, reg. 15(9) by S.S.I. 2020/445 reg. 16(8)
- reg. 11(1)(b)(i)(ii) substituted in earlier amending provision S.S.I. 2019/59, reg. 15(10)(a)(ii) by S.S.I. 2020/445 reg. 16(9)(a)(i)
- reg. 11(1)(c)(ii)(aa)(bb) substituted in earlier amending provision S.S.I. 2019/59, reg. 15(10)(a)(iii) by S.S.I. 2020/445 reg. 16(9)(a)(ii)
- reg. 14A inserted by S.S.I. 2019/59 reg. 6(5)
- reg. 15(4A) inserted by S.S.I. 2019/59 reg. 15(12)(c) (This amendment not applied to legislation.gov.uk. Reg. 15(12)(a)-(c) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(11))
- reg. 23A 23B inserted by S.S.I. 2019/59 reg. 15(18)
- reg. 23A heading words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(a)
- reg. 23A words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(a)
- reg. 23B heading words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(i)
- reg. 23B words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(i)
- reg. 23B words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(ii)
Civil liabilities of sellers of seedS
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21.—(1) The particulars given to a purchaser by the seller of seed to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 17 (civil liabilities of sellers of seeds) of the Act in so far as they relate to the category of the seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species, the varietal identity and the varietal purity of the seed to which these Regulations apply.
(2) Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seed of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 7.
(3) Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of the seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity or the content of seed of other plant species.
(4) A purchaser who intends to obtain a test of seed for the purposes of section 17(3) of the Act shall, not more than 10 days after delivery to that purchaser of the seed, give to the seller written notice of the purchaser's intention and thereupon the seller may indicate a day (not being more than 21 days after delivery of the seed to the purchaser) and a reasonable time on that day at which a sample of the seed may be taken in the presence of the seller or the seller's representative and the purchaser shall afford to the seller reasonable facilities for that purpose.
(5) On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller fails to appoint such a day and time, on a day not more than 28 days after delivery of the seed to the purchaser, the purchaser or the purchaser's representative may, and if the seller or the seller's representative is present shall, take a sample from the relevant seed lot or part of a seed lot sold to the purchaser, which sample shall be at least twice the minimum weight prescribed in the Sampling Guidance.
(6) A sample taken in accordance with the requirements of paragraph (5) shall be taken, and divided by the purchaser or the purchaser's representative into two parts in accordance with the methods specified in the Sampling Guidance, each part being of at least the minimum weight prescribed in Schedule 5, of which one part shall be sent to the Chief Officer of the Official Seed Testing Station for Scotland for the purpose of being tested and the other part delivered or tendered to the seller or the seller's representative or, if the seller or the seller's representative was not present when the sample was taken, sent to the seller by post.
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