18.—(1) Subject to paragraph (2), the Scottish Ministers shall grant an application made under regulation 17(1) if the applicant has in the 6 month period immediately preceding the date of the application–
(a)completed such training courses and passed such examinations of competence as the Scottish Ministers may require in relation to such functions from Part I of Schedule 3 as are to be specified in the licence; and
(b)signed a statement of commitment to carry out the functions of a licensed seed sampler in accordance with such i nstructions as may from time to time be issued by or on behalf of the Scottish Ministers,
and otherwise shall refuse the application.
(2) The Scottish Ministers may refuse to grant an application made under regulation 17(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–
(a)shall specify which of the functions listed in Part I of Schedule 3 are covered by the licence and such other functions; and
(b)shall be subject to the conditions listed in Part II of Schedule 3 and such other conditions,
as the Scottish Ministers consider necessary or desirable.
(4) Where a licensed seed sampler applies for a licence under regulation 17(1) to t ake 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 a pplication.
(5) A licensed seed sampler who is employed by a registered person shall only sample seed lots produced by or on behalf of that employer unless otherwise agreed between the licensed seed sampler, that employer, the applicant for certification and t he Scottish Ministers.