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

PART IV AMENDMENTS TO THE BEET SEED (SCOTLAND) (NO. 2) (SCOTLAND) REGULATIONS 2010

4.—(1) The Beet Seed (Scotland) (No. 2) Regulations 2010(1) are amended in accordance with this paragraph.

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

(a) before the definition of “the Act” insert—

““the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016;”;

(b) 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 2016 Regulations; 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 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 2016 Regulations; or

(b)

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

(d) 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 2016 Regulations; or

(b)

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

(e) 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 2016 Regulations or to a person licensed or registered by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;”; and

(f) omit the definition of “RLE Regulations”.

(3) For regulation 18(5)(b) (sealing of packages of seed) substitute—

“(b) by a licensed seed sampler or a person licensed by the Scottish Ministers as a professional seed operator under regulation 4(1)(a) (determination of licences) of the 2016 Regulations or by a person licensed or registered by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation, using a sealing device and sealed in the manner outlined in paragraph (2)(a)(i) and (ii).”.

(4) For regulation 22(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 2016 Regulations, 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 or a breeder’s confirmation)—

(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); and

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

(1)

S.S.I. 2010/148, amended by S.S.I. 2011/413.