OpenLegislation

Regulation 18 LicencesE1F1

England

(1)

The Commissioners may authorise a registered supplier by licence to—

(a)

market forest reproductive material in England F2... which would otherwise be prohibited under regulation 17(1); or

(b)

import into England F3... forest reproductive material which would otherwise be prohibited under regulation 25.

(2)

The licence shall be in writing and may be granted—

(a)

subject to conditions;

(b)

for a definite or an indefinite period.

(3)

The Commissioners may only give an authorisation under paragraph (1)(a) or (1)(b)—

(a)

if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes;

(b)

if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes; or

(c)

in exercise of a derogation permitted by F4any provision made under F5assimilated law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964.

(4)

The Commissioners may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5)

If the Commissioners decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.

Annotations

Textual amendments

F1

Reg. 18 substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 6

F2

Words in reg. 18(1)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(9); S.S.I. 2019/47, reg. 2

F3

Words in reg. 18(1)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(9); S.S.I. 2019/47, reg. 2

F4

Words in reg. 18(3)(c) substituted (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(9); 2020 c. 1, Sch. 5 para. 1(1)

F5

Word in reg. 18(3)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 4(a)

Extent

E1

This version of this provision applies to England only; separate versions have been created for Wales and Scotland only