Search Legislation

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation

This section has no associated Policy Notes

1.  In this schedule—

“CPVO” means the Community Plant Variety Office, being an agency of the European Union(1);

“CPVO protocols” means protocols produced by the CPVO for distinctness, uniformity and stability tests in relation to the relevant species that are available at the beginning of the growing trial(2);

“distinctness” (and “distinct”) in relation to a variety, is to be construed in accordance with paragraph 9;

“the register” means the register of varieties maintained by the Scottish Ministers under paragraph 2;

“stability” (and “stable”) in relation to a variety, is to be construed in accordance with paragraph 11;

“technical questionnaire” means the technical questionnaire set out in—

(a)

any CPVO protocols published in relation to the relevant species; or

(b)

where no such CPVO protocols have been published as mentioned in sub-paragraph (a), any UPOV guidelines published in relation to the relevant species; or

(c)

where no such protocols as mentioned in sub-paragraph (a) or guidelines as mentioned in sub-paragraph (b) have been published, a protocol or guidelines established by or on behalf of the Scottish Ministers in relation to the same matters;

“uniformity” (and “uniform”) in relation to a variety, is to be construed in accordance with paragraph 10;

“UPOV” means the International Union for the Protection of New Varieties of Plants, being an intergovernmental organisation established by the International Convention for the Protection of New Varieties of Plants(3); and

“UPOV guidelines” mean test guidelines for the conduct of tests for distinctness, uniformity and stability that have been produced for the relevant species by the UPOV and which are applicable at the beginning of the growing trial(4).

(1)

The CPVO is located at 3 boulevard Maréchal Foch, FR – 49000 ANGERS, France.

(3)

UPOV is located at 34, chemin des Colombettes, CH-1211 Genève 20, Switzerland.

(4)

A list of applicable test guidelines is available at http://www.upov.int/resource/en/dus_guidance.html.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources