The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006

Licences

25.—(1) Subject to paragraph (2), the Scottish Ministers shall grant an application made under regulation 24(1) autho rising the use of the laboratory as a licensed seed testing station for the carrying out of statutory seed testing of the species specified in that application if they are satisfied that the laboratory is suitable for that purpose having regard to the mat ters to be taken into account in Part I of Schedule 4.

(2) The Scottish Ministers may refuse to grant an application made under regulation 25(1) if they are of the opinion that the applicant is not a suitable person to be the holder of a licence having regard to–

(a) any previous suspension or revocation of a licence held by the applicant–

(i) under the Seeds (Registration, Licensing and Enforcement Regulations) 1985(1);

(ii) under these Regulations; or

(iii) granted by the Secretary of State, the National Assembly for Wales or the Department of Agriculture and Rural Development,

and the circumstances leading to the suspension or revocation; or

(b) any circumstances which led to the applicant being convicted of an offence under section 16(7) of the Act.

(3) A licence granted under paragraph (1) may be granted for any duration up to a maximum of three years and shall be subject to the conditions set out in Part II of Schedule 4 and such other conditions as the Scottish Ministers consider necessary or desirable having regard to the species o f seed to be tested, the nature of the tests to be carried out and the procedures to be followed in connection with such tests.

(4) Where the holder of a seed testing station licence applies for a licence under regulation 25(1) to take effect on expiry of the existing licence, the existing licence shall continue to have effect, regardless of its expiry date, pending final determination of the application or, where applicable, final determination of an appeal against refusal of the application.

(5) A licensed seed testing station belonging to a registered person shall only be used to carry out statutory seed testing on seed lots produced by or on behalf of that person unless otherwise agreed between the registered person, the applicant for certification and the Sco ttish Ministers.

(1)

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