The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016

PART III AMENDMENTS TO THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

3.—(1) The Fodder Plant Seed (Scotland) Regulations 2005(1) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “licensed crop inspector” substitute—

““licensed crop inspector” means a person who holds a current licence to be a crop inspector—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

granted by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;”;

(b) for the definition of “licensed seed sampler” substitute—

““licensed seed sampler” means a person who holds a current licence to be a seed sampler—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

granted by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;”;

(c) for the definition of “licensed seed testing station” substitute—

““licensed seed testing station” means an establishment which holds a current seed testing station licence—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

granted by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;” and

(d) for the definition of “registered number” substitute—

““professional seed operator” means a seed merchant, a seed packer or a seed processor;

“registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;”.

(3) In regulation 16 (sealing of packages of fully certified seed)—

(a) in paragraph (4), for “or by a person registered by a National Authority in any part of the United Kingdom as a seed merchant, seed packer or seed processor under regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 or provisions equivalent to that regulation” substitute “or by a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation”; and

(b) in paragraph (5), for “or by a person registered by a National Authority in any part of the United Kingdom as a seed merchant, seed packer or seed processor under regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 or provisions equivalent to that regulation” substitute “or by a person licensed or registered in any part of the United Kingdom as professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation”.

(4) For regulation 25(2)(a) (service of notices) substitute—

“(a) in the case of a professional seed operator, a crop inspector or a seed sampler licensed under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016, it is the address which could be made available by the Scottish Ministers under regulation 10 of those Regulations; and”.

(5) For “registered number” substitute “registered or licensed number” where it appears in the following provisions—

(a) in Schedule 3 (particulars to be specified in an official certificate, a breeder’s confirmation or an authorisation to market a preservation mixture)—

(i) paragraph 1(b) (particulars to be specified in an official certificate); and

(ii) paragraph 2(b) (particulars to be specified in a breeder’s confirmation);

(b) in Schedule 4A (standards for certification of conservation varieties), in Part II, sub-paragraph (b) (particulars to be specified in an official certificate)(2); and

(c) in Schedule 6, in Part II (labels), paragraph 3(a)(i) (label for a package of Breeder’s Seed).

(6) In Schedule 5, in Part II (maximum weight of a seed lot and minimum weight of a submitted sample), for paragraph 23A(1)(3) (increase to maximum weight of a seed lot of grasses) substitute—

“(1) Any person licensed by the Scottish Ministers as a professional seed operator under regulation 4(1)(a) (determination of licences) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or licensed or registered by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation, may apply to the Scottish Ministers for approval to increase to 25 tonnes the maximum weight of a seed lot of any of the grasses set out in column 1 of the table in paragraph 26.”.

(1)

S.S.I. 2005/329, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2009/330, S.S.I. 2010/219, S.S.I. 2012/5 and S.S.I. 2013/326.

(2)

Schedule 4A was inserted by S.S.I. 2009/223, Schedule 3, paragraph 1.

(3)

Paragraph 23A was inserted by S.S.I. 2013/326.