Regulation 18A Licences: ScotlandF1

England, Wales and Scotland

(1)

The Scottish Ministers may authorise a registered supplier by licence to—

(a)

market forest reproductive material in Scotland which would otherwise be prohibited under regulation 17(1), or

(b)

import into Scotland forest reproductive material which would otherwise be prohibited under regulation 25A.

(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 Scottish Ministers may give an authorisation under paragraph (1)(a) or (b) only—

(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 F2any provision made under F3assimilated law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964.

(4)

The Scottish Ministers 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 Scottish Ministers 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. 18A inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(10); S.S.I. 2019/47, reg. 2
F2: Words in reg. 18A(3)(c) substituted (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(9); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in reg. 18A(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(b)