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The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Type Scottish-Statutory-Instrument
Publication 2017-05-30
Last updated 2025-10-07
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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articles Not indexed
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  • (2) The period within which an appeal must be brought is 28 days from the service of the notice or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.
  • (3) A notice served under this schedule must state—
  • (a) the right of appeal to the sheriff by the person on whom the notice is served; and
  • (b) the period in which such an appeal may be brought.
  • (4) On an appeal under this paragraph, the sheriff may either cancel or affirm the notice and, if the sheriff affirms the notice, the sheriff may do so either in its original form or with such modifications as the sheriff thinks fit.

Compliance with notices

6

  • (1) A notice served under this schedule must be complied with at the expense of the person on whom it is served and, if it is not complied with, an inspector may make arrangements to secure compliance with the notice.
  • (2) Where an inspector makes arrangements pursuant to sub-paragraph (1), the Scottish Ministers may recover all reasonable expenses in connection with the arrangements as a debt from the person on whom the notice was served.

Signed

FERGUS EWING — A member of the Scottish Government — 2017-05-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

2

OJ L 267, 8.10.2008, p.8, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

3

OJ L 298, 16.10.2014, p.12.

4

OJ L 298, 16.10.2014, p.16.

5

OJ L 298, 16.10.2014, p.22.

6

OJ L 106, 17.4.2001, p.1, as last amended by Directive (EU) 2015/412 (OJ L 68, 13.3.2015, p.1).

8

OJ L 227, 1.9.1994, p.1, as last amended by Council Regulation (EC) No 15/2008 (OJ L 8, 11.1.2008, p.2).

9

OJ L 268, 18.10.2003, p.1, as last amended by Regulation (EC) No 298/2008 (OJ L 97, 9.4.2008, p.64).

11

2000 c.7, as amended by the Communications Act 2003 (c.21), section 406 and schedule 17, paragraph 158.

12

OJ L 169, 10.7.2000, p.1, repealed subject to savings by Regulation (EU) 2016/2031 (OJ L 317, 23.11.2016, p.4).

13

S.I. 2010/2079. Regulation 6 ceased to have effect from 30th September 2012 by virtue of regulation 6(4) of S.I. 2010/2079. S.I. 2010/2079 is revoked and replaced by regulation 24 these Regulations.

14

S.S.I. 2005/613, as last amended by S.S.I. 2016/83.

17

A list of applicable published protocols is available at http://archives.eppo.int/index.htm.

18

The CPVO is located at 3 boulevard Maréchal Foch, FR – 49000 ANGERS, France.

19

A list of applicable protocols is available on http://cpvo.europa.eu/en//applications-and-examinations/technical-examinations/technical-protocols.

20

UPOV is located at 34, chemin des Colombettes, CH-1211 Genève 20, Switzerland.

21

A list of applicable test guidelines is available at http://www.upov.int/resource/en/dus_guidance.html.

Editorial notes

22

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

23

OJ L 298, 16.10.2014, p.16.

25

2000 c.7, as amended by the Communications Act 2003 (c.21), section 406 and schedule 17, paragraph 158.

26

S.I. 2010/2079. Regulation 6 ceased to have effect from 30th September 2012 by virtue of regulation 6(4) of S.I. 2010/2079. S.I. 2010/2079 is revoked and replaced by regulation 24 these Regulations.

29

A list of applicable published protocols is available at http://archives.eppo.int/index.htm.

30

A list of applicable test guidelines is available at http://www.upov.int/resource/en/dus_guidance.html.

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