{
  "url": "https://openlegislation.uk/seed-marketing-heterogeneous-material-temporary-experiment-england-regulations-2023/note",
  "json_url": "https://openlegislation.uk/seed-marketing-heterogeneous-material-temporary-experiment-england-regulations-2023/note.json",
  "legislation": "uksi/2023/676",
  "legislation_title": "The Seed Marketing (Heterogeneous Material) (Temporary Experiment) (England) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/seed-marketing-heterogeneous-material-temporary-experiment-england-regulations-2023",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations apply in relation to seed produced in England under a temporary experiment, the purpose of which is to seek alternatives, which may be more suitable for use under particular conditions, to seed of cereal species which conform to varietal requirements. The experiment is to run for a period of 7 years beginning with the date that these Regulations come into force. Licences issued under regulation 21A of the Seed Marketing Regulations 2011 (“the 2011 Regulations”) (S.I. 2011/463) exempt participants in the experiment from compliance with specified provisions of the 2011 Regulations. Regulation 21A of those Regulations permits this where the experiment is organised in accordance with regulations made under section 16(5) of the Plant Varieties and Seeds Act 1964 (c. 14) (“the 1964 Act”). These Regulations allow the production and marketing of limited quantities of heterogeneous material (seed with diverse genetic characteristics derived from several varieties and produced through repeated sowings).\nRegulations 3 to 7 deal with the purpose of the temporary experiment, the licensing procedure and the effect of the grant of a licence. Regulation 4 of, and Schedule 1 to, these Regulations list the species which may be included in the experiment. Regulation 7 and Schedule 2 make transitory modifications to the 2011 Regulations to enable seed produced under the experiment to be certified and marketed on the basis of meeting the requirements in the 2011 Regulations, as so modified. The modifications include those made by paragraph 12 of Schedule 2, which provides for existing appeal rights under the 2011 Regulations to apply in relation to a refusal to grant a licence to participate in the experiment, a variation of conditions attached to the licence, and a decision to suspend or revoke the licence.\nRegulations 8 and 9 permit the Secretary of State to vary, suspend or revoke a licence granted under regulation 21A of the 2011 Regulations in certain circumstances. Regulations 10 and 11 specify participants’ reporting and recording obligations and a requirement to provide the Secretary of State with access to premises and records for the purpose of inspections.\nPart 3 of these Regulations deals with certification and marketing of heterogeneous material, including certification standards and requirements in relation to labelling, traceability and maintenance.\nRegulation 18 requires the Secretary of State to set a maximum quantity of seed to be produced under the experiment. It also permits changes to be made to the maximum quantity which may be produced by a participant during the course of the experiment. Regulation 19 requires the Secretary of State to carry out official controls on heterogeneous material produced under the experiment.\nUnder section 16(7) of the 1964 Act, breach of any provision of the Regulations, or the inclusion in a statutory statement of anything which is false in a material particular, is an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.\nAn impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/676/note",
    "retrieved_at": "2026-10-28T21:43:53.193967+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}