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

Revocations, transitional and savings provisions

42.—(1) Subject to the following provisions of this regulation, the following Regulations are revoked—

(a) The Seeds (Registration, Licensing and Enforcement) Regulations 1985(1) (“the 1985 Regulations”) in relation to Wales and

(b) The Seed (Fees) Regulations 1985(2) (“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.

(1)

S.I. 1985/980, as amended by S.I. 1987/1098, S.I. 1990/611 and S.I. 1993/2530.

(2)

S.I. 1985/981, as last amended by S.I. 1990/610, S.I. 1999/1865 and, as respects England, S.I. 2002/1563.