4.—(1) Where the Department is satisfied in relation to a seed lot that—
(a)it would issue an official certificate under regulation 6 of the principal Regulations were it not for the absence of an official certificate or a breeder’s confirmation in respect of an earlier generation of seed sown before the coming into operation of these Regulations from which the seed lot is derived; and
(b)if these Regulations had been in operation at the time the earlier generation of seed was sown it would (on application having duly been made) have issued a breeder’s confirmation in respect of it,
it shall disregard the absence of such certificate or confirmation in deciding whether to issue an official certificate in respect of that seed lot.
(2) Where the Department is satisfied in relation to a seed lot that—
(a)it would issue a breeder’s confirmation under regulation 6A of the principal Regulations were it not for the absence of a breeder’s confirmation in respect of an earlier generation of seed sown before the coming into operation of these Regulations from which the seed lot is derived; and
(b)if these Regulations had been in operation at the time the earlier generation of seed was sown it would (on application having duly been made) have issued a breeder’s confirmation in respect of it,
it shall disregard the absence of such confirmation in deciding whether to issue a breeder’s confirmation in respect of that seed lot.
(3) Paragraph 2(a) of Schedule 2A to the principal Regulations (registration of seed lots) shall not apply in the case of an application for the issue of a breeder’s confirmation in respect of a seed lot produced from a crop or crops sown before the coming into operation of these Regulations, but without prejudice to regulation 6A(1)(a) of the principal Regulations (form of application etc.), the Department shall refuse to issue a breeder’s confirmation in respect of that seed lot unless it is satisfied—
(a)as to the identity of—
(i)the seed lot or seed lots used for the production of the crop or crops from which the seed lot was obtained, and
(ii)the crop or crops from which the seed lot was obtained;
(b)that the crop or crops from which the seed lot was obtained was or were examined by it or on its behalf with a view to establishing whether standards equivalent to those specified in Part I of Schedule 4 to the principal Regulations were met.