Search Legislation

The Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Right to make representations

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.

(1)

Plant Varieties and Seed Tribunal as defined in S.38(1) of the Plant Varieties and Seeds Act 1964.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources