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The Beet Seed (Scotland) (No. 2) Regulations 2010

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Changes over time for: Section 12

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Changes and effects yet to be applied to Regulation 12:

  • reg. 12(1)(a) words substituted by S.S.I. 2019/59 reg. 15(11)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 15(11)(a) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(10)(a))
  • reg. 12(1)(a) words substituted by S.S.I. 2019/59, reg. 15(11)(a)(i) (as substituted) by S.S.I. 2020/445 reg. 16(10)(a)
  • reg. 12(1)(b) substituted by S.S.I. 2019/59 reg. 15(11)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 15(11)(a) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(10)(a))
  • reg. 12(1)(b) substituted by S.S.I. 2019/59, reg. 15(11)(a)(ii) (as substituted) by S.S.I. 2020/445 reg. 16(10)(a)
  • reg. 12(3) word substituted by S.S.I. 2019/59 reg. 15(11)(b)(i) (This amendment not applied to legislation.gov.uk. Reg. 15(11)(b)(i) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(10)(b))
  • reg. 12(3) words omitted by S.S.I. 2019/59 reg. 15(11)(b)(ii)
  • reg. 12(3) words substituted by S.S.I. 2019/59, reg. 15(11)(b)(i) (as substituted) by S.S.I. 2020/445 reg. 16(10)(b)
  • reg. 12(4) substituted by S.S.I. 2019/59 reg. 15(11)(c) (This amendment not applied to legislation.gov.uk. Reg. 15(11)(c) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(10)(c))
  • reg. 12(4) words substituted by S.S.I. 2019/59, reg. 15(11)(c) (as substituted) by S.S.I. 2020/445 reg. 16(10)(c)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • sch. 1 Pt. 2 para. 2(c)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(a) (as substituted) by S.S.I. 2020/445 reg. 16(17)(a)
  • sch. 1 Pt. 2 para. 3(c)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(b) (as substituted) by S.S.I. 2020/445 reg. 16(17)(b)
  • sch. 1 Pt. 2 para. 4(b)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(c) (as substituted) by S.S.I. 2020/445 reg. 16(17)(c)
  • sch. 6 para. 13(2) inserted by S.S.I. 2019/59 reg. 15(22)(f)(iv) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
  • sch. 6 para. 13(1) sch. 6 para. 13 renumbered as sch. 6 para. 13(1) by S.S.I. 2019/59 reg. 15(22)(f)(ii) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
  • sch. 6 para. 13(1) words substituted by S.S.I. 2019/59 reg. 15(22)(f)(iii) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
  • reg. 6(1)(c) and word inserted by S.S.I. 2019/59 reg. 15(4)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 15(4)(a) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(3)(a))
  • reg. 6(5A) inserted by S.S.I. 2019/59 reg. 15(4)(d) (This amendment not applied to legislation.gov.uk. Reg. 15(4)(d) omitted immediately before IP completion day by virtue of S.S.I. 2020/445, regs. 1(1)(b), 16(3)(c))
  • reg. 6A inserted by S.S.I. 2019/59 reg. 6(4)
  • reg. 6A substituted by S.S.I. 2019/59 reg. 15(5) (This amendment not applied to legislation.gov.uk. Reg. 15(5) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(4))
  • reg. 6A heading words substituted by S.S.I. 2019/59, reg. 15(5)(a) (as substituted) by S.S.I. 2020/445 reg. 16(4)
  • reg. 6A words substituted by S.S.I. 2019/59, reg. 15(5)(b) (as substituted) by S.S.I. 2020/445 reg. 16(4)
  • reg. 7(1)-(1B) substituted for reg 7(1) by S.S.I. 2019/59, reg. 15(6) (as substituted) by S.S.I. 2020/445 reg. 16(5)
  • reg. 7(1)(1A) substituted for reg. 7(1) by S.S.I. 2019/59 reg. 15(6) (This amendment not applied to legislation.gov.uk. Reg. 15(6) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(5))
  • reg. 10(7A) inserted by S.S.I. 2019/59 reg. 15(9)
  • reg. 10(7A) words substituted in earlier amending provision S.S.I. 2019/59, reg. 15(9) by S.S.I. 2020/445 reg. 16(8)
  • reg. 11(1)(b)(i)(ii) substituted in earlier amending provision S.S.I. 2019/59, reg. 15(10)(a)(ii) by S.S.I. 2020/445 reg. 16(9)(a)(i)
  • reg. 11(1)(c)(ii)(aa)(bb) substituted in earlier amending provision S.S.I. 2019/59, reg. 15(10)(a)(iii) by S.S.I. 2020/445 reg. 16(9)(a)(ii)
  • reg. 14A inserted by S.S.I. 2019/59 reg. 6(5)
  • reg. 15(4A) inserted by S.S.I. 2019/59 reg. 15(12)(c) (This amendment not applied to legislation.gov.uk. Reg. 15(12)(a)-(c) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(11))
  • reg. 23A 23B inserted by S.S.I. 2019/59 reg. 15(18)
  • reg. 23A heading words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(a)
  • reg. 23A words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(a)
  • reg. 23B heading words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(i)
  • reg. 23B words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(i)
  • reg. 23B words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(ii)

Marketing of early movement seedS

This section has no associated Executive Note

12.—(1) In a case where—

(a)the official examination in respect of the germination of any seed lot of Pre-Basic Seed, Basic Seed or Certified Seed of a plant variety of a species accepted on to a UK National List or the Common Catalogue is being undertaken and has not been completed, but a provisional germination report has shown that the seed attains the appropriate minimum standard of germination specified in Part II of Schedule 4, the seed in all other respects satisfies the appropriate requirements of Schedule 4 and the provisional analytical report and the provisional germination report on the seed have been presented by the producer to the Scottish Ministers; or

(b)any seed lot has been certified by a European Authority other than the Scottish Ministers by virtue of Article 5(b) (early movement of seed) of the Beet Seed Directive, and the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

the seed lot or any part of the seed lot may, notwithstanding regulation 6 but subject to paragraphs (2) to (5), regulation 19 and the other provisions of these Regulations, be marketed to the first buyer by way of trade.

(2) In the event of any marketing under paragraph (1), the seller of the seed shall—

(a)upon or before delivery, provide the first buyer by way of trade with a written statement that the seed is marketed before the completion of the official germination test together with the result in the provisional germination report;

(b)notify the Scottish Ministers in writing of the name and address of the first buyer by way of trade as soon as practicable after delivery and in any event not later than 7 days after delivery;

(c)guarantee a specific minimum percentage of germination, which shall be the percentage of the germination of the seed as ascertained in the provisional germination report; and

(d)in the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in Part II of Schedule 4 for seed of the relevant category, provide the first buyer by way of trade with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than 7 days after being informed of it.

(3) Paragraph (1) shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination or an examination by a European Authority other than the Scottish Ministers has shown that the seed fails to meet the standards specified for the relevant category of seed in Part II of Schedule 4 or Annex I(B) of the Beet Seed Directive.

(4) Paragraph (1) shall not apply to seed which has been imported from a country other than an EEA state unless it has been produced directly from Pre-Basic Seed or Basic Seed produced in an EEA state.

(5) A person who sells any seed in accordance with paragraph (1) shall make and, until the end of the period of six years after the date of delivery of the seed to the first buyer by way of trade, keep available for inspection by the Scottish Ministers a record of—

(a)the date of such delivery;

(b)the reference number of the seed lot or part of a seed lot delivered;

(c)the name and address of the first buyer by way of trade;

(d)the date on which the preliminary test of germination was carried out and of the result of that test in the provisional germination report; and

(e)if appropriate, the date on which the first buyer by way of trade was informed of the result of the completed official germination test.

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