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

Revocations , transitional a nd savings provisions

45.—(1) Subject to the following provisions of this regulation, the following regulations are revoked insofar as they apply to Scotland–

(a) the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (“the 1985 Regulations”)(1);

(b) the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1987(2);

(c) the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1990(3); and

(d) the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1993(4).

(2) Any application made to the Scottish Ministers 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 application made to the Scottish Ministers for–

(a) a seed testing station licence under regulation 9(1); or

(b) a crop inspector’s licence or seed sampler’s licence under regulation 10(1).

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 10(1), 17(1) or 24(1), as the case may be, of these Regulations and shall be determin ed in accordance with these Regulations.

(4) Any registration made in accordance with 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 in accordance with regulation 5 of these Regulations.

(5) Any licence granted–

(a) in respect of a licensed seed testing station in accordance with 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 in accordance with regulation 25(1) of these Regulations; and

(b) to a licensed crop inspector or licensed seed sampler in accordance with 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 in accordance with regulation 11(1) of these Regulations in the case of a licensed crop inspector and regulation 18(1) of these Regulations in the case of a licensed seed sampler.

(6) The right to make representations in accordance with regulation 35 of these Regulations and to appeal to the Tribunal in accordance with regulation 36 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.

(7) Any fee arising whether wholly or in part under the 1985 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, 1990/611 and 1993/2530.

(2)

S.I. 1987/1098.

(3)

S.I. 1990/611.

(4)

S.I. 1993/2530.