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

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 1st July 2006 and extend to Scotland only . They revoke and replace, as regards Scotland, the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (S.I. 1985/980) (“the 1985 Regulations”), the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1987 (S.I. 1987/1098), the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1990 (S.I. 1990/611) and the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1993 (S.I. 1993/2530).

The Regulations continue to prohibit a person from engaging in business as a seed merchant, seed packer or seed processor unless that person has been registered by the Scottish Ministers (regulation 3). There is a power to attach conditions to registrations (regulation 6) and registrations may now be terminated at the request of the registered person (regulation 7). The power to revoke registrations continues and expanded grounds for revocation are introduced (regulation 8).

The Regulations continue to provide for the licensing of crop inspectors (regulation 11). New provision is made for a crop inspector to apply to the Scottish Ministers to have a licence varied (regulation 12(1)) or terminated (regulation 13). The Scottish Ministers continue to be able to vary licences in any event (regulation 12(5)) and also have the power to suspend or revoke licences, suspension of licence being a new power (regulation 14).

The Regulations continue to provide for the licensing of seed samplers (regulation 18). New provision is made for a seed sampler to apply to the Scottish Ministers to have a licence varied (regulation 19(1)) or terminated (regulation 20). The Scottish Ministers continue to be able to vary licences in any event (regulation 19(3)) and also have the power to suspend or revoke licences, suspension of licence being a new power (regulation 21).

The Regulations continue to provide for the licensing of seed testing stations (regulation 25). The licence holder may now apply to vary the licence (regulation 26(1)) and the Scottish Ministers continue to be abl e to vary the licence in any event (regulation 26(4)). The Scottish Ministers have the power to require seed analysts and the Analyst in Charge of a seed testing station to attend for training and examinations (regulation 27) and the Analyst in Charge is subject to certain statutory duties (regulation 28). There are expanded grounds for suspension or revocation of licences (regulation 29).

The Regulations require the Scottish Ministers to keep a register of persons registered as seed merchants, seed packers or seed processors (regulation 9) and registers of licensed crop inspectors (regulation 15), licensed seed samplers (regulation 22) and licensed seed testing stations (regulation 30) and those registers may be published from time to time.

The Regulations continue to provide for fee charging by licensed crop inspectors (regulation 16), licensed seed samplers (regulation 23) and licensed seed testing stations (regulation 31).

The Regulations continue to provide for sampling for enforcement of seeds regulations (regulations 33 and 34). There are new requirements relating to supervision of licensed personnel as a result of the introduction of corresponding requirements into the Seed Marketing Directives (as defined in regulation 2) by Council Directive 2004/117/EC (O.J. No. L 14, 18.1.2005, p.14) (regulation 32). These Regulations are in line with Council Directive 2004/117/EC which makes permanent a longstanding experiment on the use of licensed personnel in the regulation of seed marketing.

The Regulation s continue the right to make representations in relation to proposed decisions of the Scottish Ministers under the Regulations and that right is expanded (regulation 35). The Scottish Ministers will not proceed with a refusal, variation, suspension or rev ocation of a registration or licence until the person concerned has had an opportunity to make representations, the principal exception being that they may suspend a licence with immediate effect if they are satisfied that the carrying out of functions sp e cified in the licence is causing or is likely to cause prejudice to the administration or enforcement of seeds regulations made under section 16 of the Plant Varieties Act 1964. The right of appeal to the Plant Varieties and Seeds Tribunal is also expand ed and exceptions to the right of appeal are introduced (regulation 36).

Contravention of these Regulations is an offence (section 16(7) of the Plant Varieties Act 1964).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.