Regulation 32 Appeals

England, Wales and Scotland

(1)

An appeal shall lie to the Tribunal from any decision of the Commissioners F1, the Scottish Ministers F2or the Welsh Ministers made under the following regulations—

(a)

regulation 7(1) to (3) not to approve basic material;

(b)

regulation 7(1) to approve basic material in the form of clones or clonal mixtures subject to qualifications as to duration of approval or level of production;

(c)

regulation 9 (except for paragraphs (8) and (9)) to withdraw or amend approval of basic material;

(d)

regulation 13(7) not to issue a Master Certificate;

(e)

regulation 16(3) not to enter a person’s name in the Register of Suppliers;

(f)

regulation 16(4) to remove a supplier’s name from the Register of Suppliers or impose conditions upon his continued registration;

(g)

regulation 18 not to grant a licence F3...;

(h)

regulation 20 that testing techniques used to obtain assessments necessary to provide the information required under regulation 19(2) are not, to F4the Commissioners’, Scottish Ministers’ or F5the Welsh Ministers' satisfaction, internationally accepted techniques; and

(i)

the requirements of:

(i)

Schedule 4, paragraphs (1)(d) and 2(d) not to approve verification test methodology;

(ii)

Schedule 5, paragraph (1)(d)(ii) not to approve a statistical design, and

(iii)

Schedule 5, paragraph (1)(e)(i) not to approve a statistical methodology as being one that is internationally recognised.

(2)

References in section 45(1) and Schedule 3 of the Plant Varieties Act 1997 to the statutory jurisdiction of the Tribunal shall be construed for the purposes of an appeal brought under this regulation as if including the Tribunal’s jurisdiction under these Regulations.

(3)

Where an appeal is brought under paragraph (1), the operation of a decision described in that paragraph shall be suspended pending the final determination of the appeal, including determination of any subsequent appeals, and the Commissioners F6, the Scottish Ministers F7and the Welsh Ministers shall take such steps as may be necessary to give effect to any decision given on the final determination of an appeal.

Annotations

Textual amendments

F1: Words in reg. 32 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(15)(a); S.S.I. 2019/47, reg. 2
F2: Words in reg. 32(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 158(2)(a) (with Sch. 7)
F3: Words in reg. 32(1)(g) omitted (E.S.) (1.9.2014) by virtue of The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 9; and omitted (W.) (28.3.2019) by virtue of The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 9
F4: Words in reg. 32(1)(h) substituted (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(15)(b); S.S.I. 2019/47, reg. 2
F5: Words in reg. 32(1)(h) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 158(2)(b) (with Sch. 7)
F6: Words in reg. 32(3) 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(15)(c); S.S.I. 2019/47, reg. 2
F7: Words in reg. 32(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 158(3) (with Sch. 7)