9.—(1) An application to re-grade—
(a)a crop for the production of seed of the category specified in entry 1 or 2 in column 1 of the following table as a crop for the production of seed of the category specified in the corresponding entry in column 2 of the table (“the new category”), or
(b)a crop for the production of seed of the category specified in entry 3 in column 1 of the following table as a crop for the production of seed of either of the categories specified in the corresponding entry in column 2 of the table (“the new category”),
may be made to the National Assembly by a registered person—
| Column (1) | Column (2) |
|---|---|
| 1. Pre-basic seed | Basic seed |
| 2. Basic seed | Pre-basic seed |
| 3. CS seed | Pre-basic seed |
| Basic seed |
(2) An application made under this regulation shall be made in such form and manner and at such time as the National Assembly shall require and shall be accompanied by—
(a)a copy of the field inspection report previously issued in respect of the crop unless this has previously been lodged with it, and
(b)such other information as the National Assembly may require for the purpose of determining the application.
(3) Where an application under this regulation has been made in respect of a crop that has not been harvested the National Assembly shall carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if—
(a)the previous field inspection report issued in respect of the crop was not issued by it, and
(b)the condition and stage of development of the crop permit an adequate examination.
(4) If the National Assembly—
(a)has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3));
(b)is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and
(c)is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;
it shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in paragraph (c) and that the application to re-grade the crop has been successful.
(5) If the National Assembly is satisfied that the conditions specified in paragraph (4) have not been met it shall notify the applicant that the application to re-grade the crop has been unsuccessful.