PART IIILICENSED CROP INSPECTORS
Applications for licences
10.—(1) An individual may apply to the Secretary of State for a licence authorising him to inspect crops grown to produce seed of any one or more of the species and categories listed in Part I of Schedule 2.
(2) An application made under paragraph (1) shall be in such form and manner as the Secretary of State may require and be accompanied by such information as the Secretary of State may reasonably require.
Licences
11.—(1) Where an application is made under regulation 10(1) the Secretary of State shall grant the applicant a licence authorising him to inspect crops of the species and category to which his application relates if she is satisfied that the applicant has—
(a)completed an appropriate training course relating to the inspection of seed crops of that species and category;
(b)passed an examination relating to the inspection of seed crops of that species and category organised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
(c)signed a statement of commitment to carry out his functions in accordance with such instructions as may from time to time be issued by or on behalf of the Secretary of State.
(2) A licence granted under paragraph (1)—
(a)shall specify which of the functions listed in Part II of Schedule 2 are covered by the licence; and
(b)may impose any of the conditions listed in Part III of Schedule 2 and such other conditions as the Secretary of State may think necessary or desirable having regard to the species and category of crops that may be inspected by the licence holder.
(3) A licensed crop inspector who is employed by a person who is engaged in a seed industry activity shall carry out crop inspections only on crops grown by or on behalf of his employer unless otherwise agreed between his employer, the applicant for certification and by the Secretary of State.
Variation of licences
12.—(1) A crop inspector may apply to the Secretary of State for his licence to be varied so as to authorise him to inspect crops being grown to produce seed of another species and category listed in Part I of Schedule 2 in addition to the species and category specified in his licence or instead of such species and category.
(2) Where an application is made under paragraph (1) it shall be treated as though it had been made under regulation 10(1) and the Secretary of State may vary a crop inspector’s licence so as to authorise him to inspect crops of the species and category to which his application relates if she is satisfied that the applicant has satisfied the requirements of regulation 11(1).
(3) In varying a licence under paragraph (2) the Secretary of State may vary the functions of the crop inspector specified in his licence and the conditions imposed by his licence.
(4) Subject to regulation 36, the Secretary of State may vary a crop inspector’s licence whether or not she has received any application under this regulation by—
(a)removing his authorisation to inspect a species and category of crop if she is satisfied that the crop inspector is no longer qualified to inspect crops of that species and category or that his authorisation to inspect such crops is otherwise no longer appropriate; or
(b)varying the functions or the conditions set out in the licence.
Termination of licences
13. If a licensed crop inspector requests the Secretary of State to terminate his licence the Secretary of State shall comply with the request.
Suspension and revocation of licences
14. Subject to regulation 36, the Secretary of State may suspend or revoke a licensed crop inspector’s licence if she is satisfied that the licence holder—
(a)is no longer qualified to inspect crops of the species and category to which his licence relates or is otherwise unfit to perform any of the functions of a licensed crop inspector specified in the licence, or
(b)has failed to comply with any of the conditions imposed on him by the licence.
List
15. The Secretary of State—
(a)shall keep a list of the names and addresses of licensed crop inspectors and shall specify in the case of each crop inspector the species and category of crops which he is licensed to inspect;
(b)shall make the list available for inspection by any person at any reasonable time; and
(c)may from time to time publish the list in such manner as she thinks appropriate.
Fees
16. A licensed crop inspector may charge reasonable fees for carrying out his functions as a licensed crop inspector but shall not derive any private gain in connection with the carrying out of such functions.