The Forest Reproductive Material (Great Britain) Regulations 2002

Appeals U.K.

32.—(1) An appeal shall lie to the Tribunal from any decision of the Commissioners made under the following regulations—

(a) regulation 7(1) to (3) not to approve basic material;

(b) regulation 7(1) to approve basic material in the form of clones or clonal mixtures subject to qualifications as to duration of approval or level of production;

(c) regulation 9 (except for paragraphs (8) and (9)) to withdraw or amend approval of basic material;

(d) regulation 13(7) not to issue a Master Certificate;

(e) regulation 16(3) not to enter a person’s name in the Register of Suppliers;

(f) regulation 16(4) to remove a supplier’s name from the Register of Suppliers or impose conditions upon his continued registration;

(g) regulation 18 not to grant a licence to market forest reproductive material;

(h) regulation 20 that testing techniques used to obtain assessments necessary to provide the information required under regulation 19(2) are not, to the Commissioners' satisfaction, internationally accepted techniques; and

(i) the requirements of:

(i) Schedule 4, paragraphs (1)(d) and 2(d) not to approve verification test methodology;

(ii) Schedule 5, paragraph (1)(d)(ii) not to approve a statistical design, and

(iii) Schedule 5, paragraph (1)(e)(i) not to approve a statistical methodology as being one that is internationally recognised.

(2) References in section 45(1) and Schedule 3 of the Plant Varieties Act 1997 to the statutory jurisdiction of the Tribunal shall be construed for the purposes of an appeal brought under this regulation as if including the Tribunal’s jurisdiction under these Regulations.

(3) Where an appeal is brought under paragraph (1), the operation of a decision described in that paragraph shall be suspended pending the final determination of the appeal, including determination of any subsequent appeals, and the Commissioners shall take such steps as may be necessary to give effect to any decision given on the final determination of an appeal.