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SCHEDULE 4Registration of varieties

Removal from register

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.