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The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017
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Removal from register
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7.—(1) Subject to sub-paragraph (2), the Scottish Ministers must revoke the registration of a variety if—
(a)it is no longer distinct, uniform and stable;
(b)there is no longer available any material of that variety that is sufficiently uniform or which corresponds to the description of the variety at the time of registration;
(c)false or misleading information material to registration was provided to the Scottish Ministers in connection with the application for registration;
(d)in the case of any genetically modified variety, the genetically modified organism contained in that variety ceases to be authorised pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.
(2) But heads (a) to (c) of sub-paragraph (1) do not apply if the Scottish Ministers are satisfied that the variety should remain on the register in the interests of preserving the genetic diversity of varieties.
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