The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006

PART II REGISTRATION OF SEED MERCHANTS, SEED PACKERS AND SEED PROCESSORS

Obligation to be registered

3.  No person shall carr y on the business of seed merchant, seed packer or seed processor unless registered by the Scottish Ministers as a person who may carry on such a business.

Applications for registration

4.—(1) A person may apply to the Scottish Ministers to be registered as a person who may carry on the business of seed merchant, seed packer or seed processor.

(2) An application made under paragraph (1) shall–

(a) be made in such form and manner and be accompanied by such information as the Scottish Ministers may require;

(b) where the applicant is a body corporate or partnership, nominate a responsible person and shall include the name and address of that person;

(c) nominate a person responsible for the preparation of seed mixtures to which the Fodder Plant Seed (Scotland) Regulations 2005 apply where the business is to include such preparation; and

(d) be accompanied by such information relating to the applicant’s proposed business and such other information as the Scottish Ministers may require for the purpose of d etermining under regulation 5(1) whether the applicant is a suitable person to be registered as a seed merchant, seed packer or seed processor.

Registrations

5.—(1) Where an application is made under regulation 4(1) the Scottish Mi nisters shall, after carrying out such investigations as they consider appropriate, register the applicant as a person who may carry on the business of seed merchant, seed packer or seed processor if they are satisfied that the applicant is a suitable per son to carry on such a business having considered the matters to be taken into account specified in Part I of Schedule 1.

(2) A registration granted under paragraph (1) may specify that the registered person is entitled to carry on any one or more of the businesses of seed merchant, seed packer or seed processor.

(3) The Scottish Ministers may vary a registration to add a business referred to in paragraph (1) to the registration but only if they are satisfied that the registered person is a suitable person to carry on such a business having considered the matters to be taken into account specified in Part I of Schedule 1.

Conditions to be attached to registrations

6.—(1) A registration granted under regulation 5(1) shall be made subject to the conditions specified in Part II of Schedule 1 and such other conditions as the Scottish Ministers may consider necessary or desirable.

(2) The Scottish Ministers may, whether or not on the application of the registered person, vary the conditions attached to a registration.

Termination of registrations

7.—(1) The Scottish Ministers shall terminate a registration at the registered person’s request.

(2) A registration granted under regulation 5(1) in respect of more than one business pursuant to regulation 5(2) may be terminated as regards one or more of the businesses specified therein.

Revocation of registrations

8.  The Scottish Ministers may revoke a registration in respect of any or all of the businesses of seed merchant, seed packer or seed processor specified therein if–

(a) they are satisfied that the registered person has not complied with a condition to which the registration is subject;

(b) the registered person has been found guilty of committing an offence under section 16(7) of the Act; or

(c) they are no longer satisfied that the registered person is a suitable person to carry on the business of seed merchant, seed packer or seed processor having regard to the matters specified in Part I of Schedule 1.

Register

9.  The Scottish Ministers–

(a) shall keep a register containing the names and addresses of registered persons and shall specify in that register–

(i) the names of any persons nominated under regulation 4(2)(b) or (c); and

(ii) whether the registration is in respect of the business of seed merchant, seed packer or seed processor or any combination of those businesses;

(b) shall make the register available for inspection by any person at any reasonable time; and

(c) may from time to time publish the register in such manner as they consider appropriate.