34.—(1) Subject to the following provisions of this regulation, the National Assembly may make arrangements, in such form as it is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under its responsibility or control to carry out official measures.
(2) The National Assembly shall not make arrangements under this regulation unless it is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—
(a)deriving any private gain from any official measures carried out under the arrangement; and
(b)carrying out any official measures under the arrangement except under the supervision of the National Assembly.
(3) An arrangement under this regulation may include such conditions as the National Assembly is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—
(a)specifying—
(i)the official measures that the person with whom the arrangement is made shall carry out under it;
(ii)the fees that may be charged by the person with whom the arrangement is made in relation to the official measures being carried out; and
(iii)the records that must be kept by the person with whom the arrangement is made in connection with the official measures being carried out; and
(b)prohibiting the person with whom the arrangement is made from—
(i)carrying out the official measures except under official supervision; and
(ii)charging fees in relation to official measures carried out under the arrangement except to the extent that these do not exceed the costs incurred in carrying them out;.
(4) The National Assembly may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, by giving notice to the person with whom the arrangement is made.
(5) A notice of a variation, suspension or revocation of any arrangement or of a condition of an arrangement shall specify—
(a)in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and
(b)in respect of a suspension, a period during which the suspension shall have effect,
and the variation, suspension or revocation shall have effect in accordance with the notice.
(6) When a variation, suspension or revocation has effect the National Assembly may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to it to be official measures carried out in accordance with the provisions of these Regulations.
35.—(1) The National Assembly may charge any person, including any person with whom an arrangement has been made under regulation 34, reasonable fees in respect of the costs the National Assembly reasonably incurs in carrying out official measures for the purposes of these Regulations.
(2) A person with whom an arrangement has been made in accordance with regulation 34, may charge any other person reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility or control of the National Assembly in accordance with these Regulations.
(3) Where a person has been given notice—
(a)by or on behalf of the National Assembly of a fee duly charged in accordance with paragraph (1); or
(b)by a person with whom an arrangement has been made under regulation 34 of a fee duly charged in accordance with paragraph (2),
the person given the notice shall pay as specified in the notice the amount of the fee so charged.
36.—(1) The National Assembly shall not—
(a)refuse to register a person as a person who may engage in a seed industry activity;
(b)revoke the registration of a person as a person who may engage in a seed industry activity;
(c)refuse to grant or vary a crop inspector’s licence;
(d)vary a crop inspector’s licence pursuant to regulation 12(4);
(e)suspend or revoke a licensed crop inspector’s licence;
(f)refuse to grant a seed sampler’s licence
(g)vary a licensed seed sampler’s licence;
(h)suspend or revoke a licensed seed sampler’s licence;
(i)refuse to grant or vary a LSTS licence;
(j)vary a LSTS licence pursuant to regulation 26(4); or
(k)suspend or revoke a LSTS licence;
unless it has complied with the provisions of this regulation.
(2) The National Assembly shall—
(a)give the person concerned notice stating what it is proposing to do and the reasons for it; and
(b)inform the person concerned of his or her right to make representations to it and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made.
(3) In this regulation, the person concerned in the case of any notice served in connection with a LSTS shall be the person in charge of the LSTS.
(4) Subject to paragraph (5), the National Assembly shall not proceed with its proposed refusal, variation, suspension or revocation (as the case may be) until the period allowed for making representations has passed.
(5) Where the National Assembly considers it necessary to suspend a crop inspector’s licence, a seed sampler’s licence or a LSTS licence, with immediate effect, it may do so notwithstanding the right of the person concerned to make representations and when it gives notice of its decision under paragraph (7) it shall—
(a)indicate whether the suspension should for the time being remain in force; or
(b)withdraw the suspension of the licence.
(6) A person who makes representations to the National Assembly shall provide the National Assembly with a copy of any document upon which that person seeks to rely within the time allowed for the making of such representations.
(7) The National Assembly shall consider any representations made to it under this regulation before giving the person concerned notice of its decision together with the reasons for it and, where appropriate, of the date from which the decision shall have effect.
(8) A notice under paragraph (7) shall where applicable inform the person concerned of—
(a)his or her right to appeal to the Tribunal(1) against the National Assembly’s decision; and
(b)the time within which such an appeal may be brought.
(9) There shall be no right of appeal to the Tribunal where the National Assembly—
(a)has refused to grant a crop inspector’s licence or a seed sampler’s licence for the sole reason that that person failed to pass the relevant examination for the grant of the licence;
(b)has refused to vary a crop inspector’s licence for the sole reason that that person failed to pass the relevant examination for the variation of the licence; or
(c)has decided that a licensed crop inspector or licensed seed sampler is no longer qualified to inspect crops or sample seed (as the case may be) and has—
(i)in the case of a crop inspector varied, suspended or revoked his or her licence, or
(ii)in the case of a licensed seed sampler suspended or revoked his or her licence
for the sole reason that that person failed to pass an examination which that person was required to undergo as a condition of his or her licence.
(10) The National Assembly may charge any person making representations under this regulation reasonable fees in that connection which shall be payable on making the representations to it.
37.—(1) A person notified of his or her right to appeal under regulation 36(8) may bring an appeal to the Tribunal.
(2) The National Assembly shall take such steps as may be necessary to give effect to any decision of the Tribunal given on the final determination of an appeal under paragraph (1).
38. Where any document is to be delivered or given or any act is to be done in a time prescribed by these Regulations the National Assembly may, if in all the circumstances of the case it considers it reasonable, extend the time for such period and upon such terms as it thinks fit.
39. Any record required to be kept under these Regulations may be in written or electronic form and shall be kept for at least three years.
40. Any list required to be kept by the National Assembly under these Regulations may be in written or electronic form.
41.—(1) Any notice required by virtue of these Regulations to be given to any person by the National Assembly may be given by it—
(a)by delivering it to the person or by leaving it at the person’s proper address or by sending it by post to the person at that address;
(b)if the person is a body corporate other than a limited liability partnership, by giving it in accordance with paragraph (a) on the secretary of the body;
(c)if the person is a limited liability partnership, by giving it in accordance with paragraph (a) on a member of the partnership; or
(d)if the person is a partnership, by giving it in accordance with paragraph (a) on a partner or a person having control of the management of the partnership business.
(2) For the purposes of this regulation and section 7 of the Interpretation Act 1978(2) (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given shall be his or her last known address, except that—
(a)in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;
(b)in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; and
(c)in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.
(3) Paragraph (4) applies if a person to be given a notice under these Regulations by the National Assembly has specified to it an address within the United Kingdom other than his or her proper address (as determined under paragraph (2)) as the one at which the person or someone on his or her behalf will accept notices of that description.
(4) In relation to that notice, that address shall be treated as his or her proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).
42.—(1) Subject to the following provisions of this regulation, the following Regulations are revoked—
(a)The Seeds (Registration, Licensing and Enforcement) Regulations 1985(3) (“the 1985 Regulations”) in relation to Wales and
(b)The Seed (Fees) Regulations 1985(4) (“the 1985 Fees Regulations”) in relation to matters arising under the 1985 Regulations in relation to Wales.
(2) Any application made to the National Assembly in accordance with regulation 4(2) of the 1985 Regulations but not determined at the coming into force of these Regulations shall be treated as an application referred to in regulation 4(1) of these Regulations and shall be determined in accordance with these Regulations.
(3) Any registration made pursuant to regulation 4(3) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a registration made pursuant to regulation 5 of these Regulations;
(4) Subject to paragraph (6)—
(a)any licence granted to a seed testing station pursuant to regulation 9(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 25 of these Regulations; and
(b)any licence granted to a crop inspector or seed sampler pursuant to regulation 10(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 11 of these Regulations in the case of a crop inspector and regulation 18 of these Regulations in the case of a seed sampler.
(5) The right to make representations pursuant to regulation 36 of these Regulations and to appeal to the Tribunal pursuant to regulation 37 of these Regulations shall not apply in respect of any licence which was granted under the 1985 Regulations and which is varied within three months of the coming into force of these Regulations.
(6) Any fee arising (whether wholly or in part) under the 1985 Regulations or the 1985 Fees Regulations but not paid at the coming into force of these Regulations shall be treated as a fee arising under these Regulations and shall be recoverable accordingly.
Plant Varieties and Seed Tribunal as defined in S.38(1) of the Plant Varieties and Seeds Act 1964.
S.I. 1985/980, as amended by S.I. 1987/1098, S.I. 1990/611 and S.I. 1993/2530.
S.I. 1985/981, as last amended by S.I. 1990/610, S.I. 1999/1865 and, as respects England, S.I. 2002/1563.