The Seeds (National Lists of Varieties) Regulations 2001

• (b) the following provisions of the Seeds (National Lists of Varieties) (Fees) Regulations 1994 shall be revoked: sub-paragraphs (a), (b), (c) and (d) of regulation 3(1), paragraphs (2), (2A) and (4) of that regulation, regulation 4, Schedules 1, 2, 3 and 4 and paragraphs 1, 4, 5 and 6 of Schedule 5; and

• (c) the following provisions of the Seeds (National Lists of Varieties) (Fees) Regulations 1994 shall be amended—

• (i) in regulation 2(1), for the definition of “the Ministers”, there shall be substituted—

• “the National Authorities” means the Secretary of State, the National Assembly for Wales, the Scottish Ministers and the Department of Agriculture and Rural Development, acting jointly;

• (ii) in paragraphs 2 and 3 of Schedule 5, for the words “the Ministers” there shall be substituted the words “the National Authorities”.

• (2) Any application—

• (a) lawfully entertained in accordance with regulation 5(1) of the 1982 Regulations but not determined at the coming into force of these Regulations; or

• (b) referred to in regulation 5A of the 1982 Regulations (inserted by the Seeds (National Lists of Varieties) (Amendment) Regulations 1998¹⁸), and treated as being lawfully entertained in accordance with regulation 5(1) of those Regulations, but not determined at the coming into force of these Regulations,

shall be treated as an application referred to in paragraph (1) of regulation 4 of these Regulations and accordingly shall be subject to the remaining provisions of that regulation (in respect of anything needing to be done at the coming into force of these Regulations in relation to the application by or on behalf of the applicant) and shall be determined in accordance with these Regulations.

• (3) Any entry of a variety in a National List—

• (a) made in respect of an application referred to in regulation 5(1) of the 1982 Regulations;

• (b) made in respect of an application referred to in regulation 5A of those Regulations and treated as having been lawfully entertained in accordance with regulation 5(1) of those Regulations; or

• (c) renewed under regulation 14 of those Regulations,

and having effect at the coming into force of these Regulations, shall have effect as an acceptance of the variety on to that List in accordance with the provisions of these Regulations.

• (4) Any test or trial being conducted at the coming into force of these Regulations for the purpose of regulation 11(1) of the 1982 Regulations shall have effect as if it were an official measure for the purposes of these Regulations.

• (5) Any arrangement under regulation 11(1) of the 1982 Regulations having effect at the coming into force of these Regulations shall have effect as if it were an arrangement for an official measure entered into under regulation 9 of these Regulations.

• (6) Any licence to conduct a trial referred to in regulation 11A(1) of the 1982 Regulations, issued under that regulation and having effect at the coming into force of these Regulations, shall have effect as if it were an arrangement for an official measure entered into under regulation 9 of these Regulations.

• (7) Any provision of a contract, entered into by the Minister of Agriculture, Fisheries and Food in connection with a trial referred to in regulation 11A(1) of the 1982 Regulations and having effect at the coming into force of these Regulations, shall have effect as if it were a provision of an arrangement entered into under regulation 9 of these Regulations.

• (8) For the purposes of these Regulations the tests and trials referred to in regulation 11AA of the 1982 Regulations (inserted by the Seeds (National Lists of Varieties) (Amendment) Regulations 1998) shall continue to be taken to be tests and trials required by those Regulations, as provided by that regulation 11AA, notwithstanding the failure of compliance referred to in that regulation.

• (9) Any period specified in a notice published in the Gazette under paragraph (3) of regulation 16 of the 1982 Regulations, in respect of which a plant variety may be marketed in accordance with paragraphs (1) or (2) of that regulation, which has not expired at the coming into force of these Regulations, shall have effect for the residue of that period as if it were a residual marketing period specified in a notice published under regulation 11(4) of these Regulations.

• (10) Any acceptance of a name of a variety under regulation 17 of the 1982 Regulations having effect at the coming into force of these Regulations, shall have effect as an acceptance of that name under regulation 6 of these Regulations.

• (11) Any acceptance of a maintainer of a variety under regulation 18 of the 1982 Regulations having effect at the coming into force of these Regulations, shall have effect as an acceptance of that maintainer under regulation 7 of these Regulations.

• (12) Any proposal for a decision referred to in paragraphs (1) or (2) of regulation 21 of the 1982 Regulations, in respect of which the decision has not been taken under those Regulations at the coming into force of these Regulations, shall have effect as a proposal for a relevant decision under these Regulations.

• (13) Any oral or written representations made in accordance with Part III of the 1982 Regulations, in respect of a decision—

• (a) proposed but not taken under those Regulations at the coming into force of these Regulations; or

• (b) proposed and taken under those Regulations at the coming into force of these Regulations,

shall have effect as if they were oral or written representations made in accordance with regulation 16 of these Regulations.

• (14) Any appeal referred to in regulation 30 of the 1982 Regulations which, at the coming into force of these Regulations,—

• (a) may be made to the Tribunal under that regulation; or

• (b) has been made to that Tribunal but not finally determined,

shall have effect respectively as an appeal which may be or has been made to the Tribunal under regulation 17 of these Regulations.

• (15) Any fee payable under regulation 3 of the fees Regulations in respect of a matter mentioned in that regulation, arising under the 1982 Regulations but not paid at the coming into force of these Regulations, shall be treated as a fee charged under, and recoverable as a debt in accordance with, regulation 10 of these Regulations.

Amendments of Seeds Marketing Regulations

25

• (1) The following Regulations shall be amended in accordance with the following provisions of this regulation.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In relation to seed potatoes—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In relation to vegetable seeds—

• (a) in the Vegetable Seeds Regulations 1993—

• (i) in regulation 3(1), in the definition of “National List”, for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “the Seeds (National Lists of Varieties) Regulations 2001”;

• (ii) in regulation 5(1) for the words “no person shall market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982, unless they are marketed in seed lots or parts of seed lots and unless they are” there shall be substituted the words “no person shall market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to a National List or the Common Catalogue and no person shall market any seeds of a plant variety of a derogated species specified in paragraph 1 of Part II of Schedule 1 to those Regulations unless the variety is accepted on to the Common Catalogue; and no person shall market any seeds of a plant variety of a species specified in Part I of that Schedule or paragraph 1 of Part II of that Schedule unless the seeds are marketed in seed lots or parts of seed lots and unless they are”;

• (iii) in regulation 5(4)(c) for the words “the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “paragraph (1) above”;

• (iv) after paragraph (4) of regulation 5 there shall be added the following paragraph—

(4A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of article 3(1)(a) of Council Directive 70/457/EEC, the component is not included on a National List and the seeds are not marketed under the names of the component.

• (v) in regulation 5(11) the words “regulation 32(1) and (2) of the Seeds (National Lists of Varieties) Regulations 1982, and” shall be deleted; and

• (vi) in regulation 6(5), for the words “regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982” there shall be substituted the words “regulation 5(1) above”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — VARIETIES OF PLANT SPECIES ON GB VARIETY LISTS AND DEROGATED SPECIES

Part I — Varities of plant species on GB Variety Lists

Agricultural crop varieties

1

Plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural production but not for ornamental use:

Name	Common name
Cereals
Avena nudaL.	Small naked oat, Hulless oat
Avena sativaL. (includes A. byzantiaK. Koch)	Oats and red oat
Hordeum vulgareL.	Barley
Secale cerealeL.	Rye
xTriticosecaleWittm. Ex A. CamusHybrids resulting from the crossing of a species of the genus Triticumand a species of the genus Secale	Triticale
Triticum aestivumL.	Wheat
Triticum durumDesf.	Durum wheat
Triticum speltaL.	Spelt wheat
Zea MaysL. (partim)	Maize (except popcorn and sweetcorn)
Potatoes
Solanum tuberosumL., including any other tuber-forming species or hybrids of Solanum	Potato
Beet
Beta vulgarisL.	Sugar beet, fodder beet (including mangel)
Fodder plants
(a) Grasses
Agrostis canina L.	Velvet bent
Agrostis capillarisL.	Brown top
Agrostis giganteaRoth.	Red top
Agrostis stoloniferaL.	Creeping bent grass
Arrhenatherm elatius(L.) P. Beauv. ex J. Presl & C. Presl	Tall oatgrass
Bromus catharticusVahl.	Rescue grass
Bromus sitchensisTrin.	Alaska brome-grass
Dactylis glomerataL.	Cocksfoot
Festuca arundinaceaSchreber	Tall fescue
Festuca filiformisPourr.	Fine leaved sheep’s fescue
Festuca ovinaL.	Sheep’s fescue
Festuca pratensisHuds.	Meadow fescue
Festuca rubraL.	Red fescue, Chewings fescue
Festuca trachyphylla(Hack.) Krajina	Hard fescue
Lolium multiflorumLam.	Italian ryegrass including Westerwold ryegrass
Lolium perenneL.	Perennial ryegrass
Lolium x boucheanumKunth	Hybrid ryegrass
Phleum nodosumL.	Small timothy
Phleum pratenseL.	Timothy
Poa annuaL.	Annual meadowgrass
Poa nemoralisL.	Wood meadowgrass
Poa pratensis L.	Smooth-stalked meadowgrass
Poa trivialisL.	Rough-stalked meadowgrass
xFestuloliumAsch. & Graebn.Hybrids resulting from the crossing of a species of the genus Festucawith a species of the genus Lolium	Festulolium
(b) Legumes
Lotus corniculatisL.	Birdsfoot trefoil
Lupinus albusL.	White lupin
Lupinus angustifoliusL.	Narrow leaved lupin (previously known as Blue lupin)
Lupinus luteusL.	Yellow lupin
Medicago lupulinaL.	Black medick, Trefoil
Medicago sativaL.	Lucerne
Medicago x variaT. Martyn	Sand lucerne
Onobrychis viciifoliaScop.	Sainfoin
Pisum sativumL. (partim)	Field pea
Trifolium hybridumL.	Alsike clover
Trifolium pratense L.	Red clover
Trifolium repens L.	White clover
Vicia faba L. (partim)	Field bean
Vicia pannonica Crantz	Hungarian vetch
Vicia sativa L.	Common vetch
Vicia villosa Roth	Hairy vetch
(c) Other fodder plants
Brassica napus L. var. napobrassica (L.) Rchb.	Swede
Brassica oleracea L. convar. acephala (DC.) Alef. Var. medullosa Thell. + var. viridis L.	Fodder kale
Raphanus sativus L. var. oleiformis Pers.	Fodder radish
Oleaginous and fibrous plants
Brassica juncea(L.) Czern.	Brown mustard
Brassica napus L. (partim)	Swede rape (including plants commonly known as fodder rape and oilseed rape)
Brassica nigra (L.) W.D.J. Koch	Black mustard
Brassica rapa L. var silvestris (Lam.) Briggs	Turnip rape
Cannabis sativaL.	Hemp
Glycine max (L.) Merr.	Soya bean
Helianthus annuus L.	Sunflower
Linum usitatissimum L.	Flax, Linseed
Sinapis alba L.	White mustard

Vegetable varieties

2

Plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:

Name	Common name
Allium cepaL.	–
—Cepa Group	Onion, Echalion
—Aggregatum Group	Shallot
Allium fistulosumL.	Japanese bunching onion or Welsh onion
—all varieties
Allium porrum L.	Leek
—all varieties
Allium sativum L.	Garlic
—all varieties
Allium schoenoprasum L.	Chives
—all varieties
Apium graveolens L.	–
—Celery Group	–
—Celeriac Group	–
Asparagus officinalis L.	Asparagus
—all varieties
Beta vulgaris L.	–
—Garden Beet Group	Beetroot including Cheltenham beet
—Leaf Beet Group	Spinach beet or Chard
Brassica oleracea L.	–
—Kale Group	–
—Cauliflower Group	–
—Capitata Group	Red cabbage and White cabbage
—Brussel Sprouts Group	–
—Kohlrabi Group	–
—Savoy Cabbage Group	–
—Broccoli Group	Calabrese type and Sprouting type
—Palm Kale Group	–
—Tronchuda Group	Portuguese cabbage
Brassica rapa L.	–
—Chinese Cabbage Group	–
—Vegetable Turnip Group	–
Cichorium endivia L.	Endive
—all varieties
Cucumis melo L.	Melon
—all varieties
Cucumis sativus L.	–
—Cucumber Group	–
—Gherkin Group	–
Cucurbita maxima Duchesne	Gourd
—all varieties
Cucurbita pepo L.	Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash
—all varieties
Daucus carota L.	Carrot and Fodder Carrot
—all varieties
Lactuca sativa L.	Lettuce
—all varieties
Solanum lycopersicum L.	Tomato
—all varieties
Petroselinum crispum (Mill.) Nyman ex A. W. Hill	–
—Leaf Parsley Group	–
—Root Parsley Group	–
Phaseolus coccineus L.	Runner bean
—all varieties
Phaseolus vulgaris L.	–
—Dwarf French Bean Group	–
—Climbing French Bean Group	–
Pisum sativum L.	–
—Round Pea Group	–
—Wrinkled Pea Group	–
—Sugar Pea Group	–
Raphanus sativus L.	–
—Radish Group	–
—Black Radish Group	–
Rheum rhabarbarum L.	Rhubarb
—all varieties
Spinacia oleracea L.	Spinach
—all varieties
Vicia faba L.	Broad bean
—all varieties
Zea mays L.	–
—Sweet Corn Group	–
—Popcorn Group	–

Part II — Derogated species

Derogation in respect of requirement to provide a GB Variety List

1

Plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:

Name	Common Name
None
Name	Common name
---	---
None

Derogation in respect of requirement to provide a GB Variety List or restrict marketing

2

Other plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:

Name	Common Name
Alopecurus pratensis L	Meadow foxtail
Arachis hypogaea L	Groundnut (peanut)
Avena strigosa Schreb	Black oat, Bristle oat
Biserrula	Biserrula
Carthamus tinctoriusL	Safflower
Carum carviL	Caraway
Cynodon dactylon(L) Pers	Bermuda grass
Galega orientalisLam	Fodder galega
Gossypium spp	Cotton
Hedysarum coronariumL	Sulla
Lathyrus cicera	Chickling vetch/Dwarf chickling vetch
Medicago doliata	Straight-spined medic
Medicago italica	Disc medic
Medicago littoralis	Shore medic/Strand medic
Medicago murex	Sphere medic
Medicago polymorpha	Bur medic
Medicago rugosa	Wrinkled medic/Gama medic
Medicago scutellata	Snail medic/Shield medic
Medicago truncatula	Barrel medic
Ornithopus compressus	Yellow serradella
Ornithopus sativus	Serradella
Oryza sativaL	Rice
Papaver somniferumL	Poppy
Phacelia tanacetifoliaBenth	California bluebell
Phalaris aquaticaL	Harding grass, Phalaris
Phalaris canariensisL	Canary grass
Plantago lanceolata	Ribwort plantain
Poa palustrisL	Swamp meadowgrass
Sorghum bicolor(L) Moench	Sorghum
Sorghum sudanense(Piper) Stapf	Sudan grass
Sorghum bicolor (L) Moench xSorghum Sudanese(Piper) Stapf.	Hybrids resulting from the crossing of Sorghum bicolor and Sorghum Sudanese
Trisetum flavescens(L) P Beauv	Golden oatgrass
Trifolium alexandrinumL	Berseem, Egyptian clover
Trifolium fragiferum	Strawberry clover
Trifolium glanduliferum	Glandular clover
Trifolium hirtum	Rose clover
Trifolium incarnatumL	Crimson clover
Trifolium isthmocarpum	Moroccan clover
Trifolium michelianum	Balansa clover
Trifolium resupinatumL	Persian clover
Trifolium squarrosum	Squarrose clover
Trifolium subterraneum	Subterranean clover
Trifolium vesiculosum	Arrow-leaf clover
Trigonella foenum-graecumL	Fenugreek
Vicia benghalensis	Purple vetch
Name	Common name
---	---
Anthriscus cerefolium (L.) Hoffm.	Chervil
—all varieties
Capsicum annuum L.—all varieties	Chilli or Pepper
Cichorium intybus L.	–
—Witloof Chicory Group	–
—Leaf Chicory Group	(Large-leaved chicory or Italian chicory)
—Industrial (Root) Chicory Group	–
Citrullus lanatus (Thunb.) Matsum. et Nakai	Watermelon
—all varieties
Cynara cardunculus L.	–
—Globe Artichoke Group	–
—Cardoon Group	–
Foeniculum vulgare Mill.	Fennel
—Azoricum Group	–
Scorzonera hispanica L.	Scorzonera or Black salsify
—all varieties
Solanum melongena L.	Aubergine or Eggplant
—all varieties
Valerianella locusta (L.) Laterr.	Corn salad or Lamb’s lettuce
—all varieties
Name	Common Name
---	---
Vitis	Vine

SCHEDULE 2 — DISTINCTNESS, STABILITY, SUFFICIENT UNIFORMITY AND SATISFACTORY VALUE FOR CULTIVATION AND USE

Part I — Distinctness, stability and sufficient uniformity

Distinctness

1

• (1) A plant variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable in one or more important characteristics from any other variety known in the United Kingdom or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions at the time when the application for acceptance of the variety is duly made.

• (2) The characteristics of a variety must be capable of precise recognition and precise definition.

• (3) Where, at the time when an application for acceptance of a variety is duly made, a variety is known in the United Kingdom (or accepted onto an official register of plant varieties corresponding to a GB Variety List in a country outside the United Kingdom with similar growing conditions), but when that application is determined the variety is no longer known in the United Kingdom (or accepted onto that official register), that variety must be disregarded for the purpose of determining distinctness as part of that application.

Stability

2

A variety shall be regarded as stable if, after successive propagation or multiplications, or, where the applicant has defined a particular cycle of propagations or multiplications, at the end of each cycle, it remains true to the description of its essential characteristics.

Sufficient uniformity

3

A plant variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are, account being taken of the distinctive features of the reproductive system of the plants, similar or genetically identical as regards the characteristics, taken as a whole, considered by the appropriate authority for the purpose of determining whether the variety is sufficiently uniform.

Part II — Satisfactory value for cultivation and use

Satisfactory value for cultivation and use

1

• (1) The value of a variety for cultivation or use shall be regarded as satisfactory if compared to other varieties accepted in a GB Variety List its qualities taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops.

• (2) Where other superior characteristics are present individual inferior characteristics may be disregarded.

Satisfactory value for cultivation and use of component varieties of varietal associations

2

• (1) Where a variety is intended solely for use as a component of a varietal association the value of the variety for cultivation or use shall be regarded as satisfactory if compared to other varieties accepted in a GB Variety List the qualities of the varietal association taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops resulting from the varietal association.

• (2) Where other superior characteristics are present in the varietal association individual inferior characteristics in it may be disregarded.

Part III — Varieties the appropriate authority do not need to be satisfied are of satisfactory value for cultivation and use

Part II of this Schedule does not apply to—

• (a) varieties of vegetables;

• (b) varieties of grasses not intended for the production of fodder plants if the applicant declares that the seed of the variety is not intended for the production of fodder plants;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) any variety intended for use only as a component of a final plant variety; or

• (e) any conservation variety.

Signed

Whitty — Parliamentary Under-Secretary, — Department for Environment, Food and Rural Affairs — 2001-10-26

Helen Liddell — Secretary of State for Scotland — 2001-10-29

Signed on behalf of the National Assembly for Wales

D. Elis Thomas — The Presiding Officer — 2001-10-23

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to the whole of the United Kingdom, revoke and replace the Seeds (National Lists of Varieties) Regulations 1982, S.I. 1982/844 as amended. The Regulations give effect to Council Directives 70/457/EEC (OJ No. L225, 12.10.1970, p. 1) on the common catalogue of varieties of agricultural plant species and those elements of Council Directive 70/458/EEC (OJ No. L225, 12.10.1970, p. 7) on the marketing of vegetable seed which require member States to establish national lists of vegetable varieties. These directives were last amended by Council Directive 98/95/EC (OJ No. L25, 1.2.1999, p. 1) in respect of the consolidation of the internal market, genetically modified plant varieties and plant genetic resources and Council Directive 98/96/EC (OJ No. L25, 1.2.1999, p. 27) as regards naming of plant varieties. The amending directives also amended directives in respect of the marketing of seeds.

Certain requirements of Council Directive 98/95/EC have not been transposed in full in these Regulations where there is existing provision in the Environmental Protection Act 1990 (c. 43). Part VI of that Act makes general provision for preventing damage to the environment from the release of genetically modified organisms. Relevant provisions include carrying out environmental risk assessments for genetically modified plant varieties, imposition of conditions appropriate for their cultivation and prohibition of their use where their cultivation could be harmful.

Regulation 1 provides the title of the Regulations and the coming into force date of 1st December 2001. Regulation 2 defines expressions used in the Regulations and provides that expressions in the Regulations not so defined and which appear in Council Directives 70/457/EEC and 70/458/EEC have the same meaning in the Regulations as they have in those directives. Regulation 3 makes provision in relation to National Lists of plant varieties prepared and published in the Plant Varieties and Seeds Gazette.

Regulation 4 provides for applications in relation to national lists, regulation 5 provides for acceptance of plant varieties and regulation 6 makes provision for the naming of plant varieties. The National Authorities must be satisfied of the matters referred to in regulation 5(3) for acceptance on to National Lists of plant varieties of the species specified in Schedule 1. These include matters relating to genetically modified organisms; distinctness, stability and sufficient uniformity described in Part I of Schedule 2; and, in respect of the species of plant varieties other than the species described in Part III of Schedule 2, value for cultivation and use as described in Part II of Schedule 2.

Regulation 7 makes provision in relation to maintainers of plant varieties. Regulation 8 makes provision in relation to official measures and regulation 9 makes provision for arrangements for official measures. Regulation 10 makes provision for the charging of fees. National Authorities and persons with whom arrangements are made under regulation 9 may charge reasonable fees to cover the costs they reasonably incur in carrying out official measures. National Authorities may also charge persons concerned in matters connected with the Regulations reasonable fees to cover the costs the National Authorities reasonably incur in relation to the administration of official measures for the purposes of these Regulations; for example the administration and determination of applications for acceptance of plant varieties on to the National Lists.

Regulation 11 makes provision for marketing prohibition notices. Regulation 12 makes provision for maintenance of plant varieties accepted on to national lists. Regulation 13 provides that acceptance of plant varieties is initially for a period of 10 years and provides the conditions for renewal of acceptance. Regulation 14 provides for revocation of acceptance of plant varieties and maintainers of plant varieties and regulation 15 makes provision for records. Regulation 16 makes provision for representations and hearings in respect of proposed relevant decisions and regulation 17 makes provision for appeals against relevant decisions, except those in respect of naming of plant varieties.

Regulation 18 makes provision for obstruction and regulation 19 for offences and penalties. Regulation 20 makes provision for offences due to the fault of another person and the defence of due diligence, regulation 21 applies provisions of the Plant Varieties and Seeds Act 1964 and the Seeds Act (Northern Ireland) 1965 for the purposes of the Regulations, regulation 22 makes provision for enforcement and regulation 23 for service of notices etc. Regulation 24 revokes the Seeds (National Lists of Varieties) Regulations 1982, and the provisions of the Seeds (National Lists of Varieties) (Fees) Regulations 1994 replaced by regulation 10 of these Regulations, with consequential amendments, savings and transitional provisions. Regulation 25 amends Seeds Marketing Regulations.

A regulatory impact assessment has been prepared for these Regulations and placed in the library of each House of Parliament. Copies of the assessment can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.

Footnotes

Editorial notes