The Seed Potatoes (Scotland) Regulations 2015
S.S.I. 2015/395 · Made 19 November 2015 · Extends to Scotland
Seeds
Made 19th November 2015
Laid before the Scottish Parliament 20th November 2015
Coming into force 1st January 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5), (5A) and 36 of the Plant Varieties and Seeds Act 1964 M1 and by section 2(2) of the European Communities Act 1972 M2 and all other powers enabling them to do so.
In accordance with section 16(1) of the Plant Varieties and Seeds Act 1964, the Scottish Ministers have consulted with representatives of such interests as appear to them to be concerned.
Annotations to the whole text
Marginal citations
- M1
1964 c.14. (“the 1964 Act”). Section 16 was amended by the European Communities Act1972 (c.68) (“the 1972 Act”), section 4(1) and Schedule 4, paragraph 5(1) and (2); by the Agriculture Act1986 (c.49), section 2; and byS.I. 1977/1112. Section 16 is applied to seed potatoes by section 29(1) of the 1964 Act. Section 29 was amended by the 1972 Act, section 4(1) and Schedule 4, paragraph 5(4). The powers conferred by section 16 are exercisable by “the Minister”. See section 38 of the 1964 Act for definition of “the Minister”. The functions of the Secretary of State, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act1998 (c.46).
- M2
1972 c.68. Section 2(2) was amended by the Scotland Act1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act2008 (c.7) (“the 2008 Act”), section 3(3) and Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is used for the purposes of the consequential amendments in regulation 22 and the revocations in regulation 24 of and Schedule 9, paragraph 2 to these Regulations.
Contents
- Part I: PRELIMINARY
- 1Citation, commencement and extent
- 2Interpretation
- Part II: MARKETING OF SEED POTATOES
- 3Seed potatoes which may be marketed
- 4General provisions on the marketing of seed potatoes
- 5Marketing requirements – test and trial seed potatoes
- 6Marketing requirements – scientific and selection seed potatoes
- 7Marketing requirements – conservation varieties
- Part III: CERTIFICATION AND GRADING
- 8Certification and grading
- 9Official examinations to be performed prior to marketing
- Part IV: LABELLING OF SEED POTATOES
- 10Labelling of seed potatoes
- 11Sealing of packages
- 12Particulars of sale
- 13Retail sales of seed potatoes
- Part V: ENFORCEMENT
- 14Enforcement – powers of examination and production
- 15Enforcement – crop inspection report, applicable GB grade and official label
- 16Enforcement –disease control measures and compliance
- Part VI: MISCELLANEOUS PROVISIONS
- 17Sampling of seed potatoes
- 18Information regarding seed potatoes
- 19Service of notices
- 20Imports from outside British Islands
- 21Exemptions
- 22Consequential amendments
- 23Extension and modification of provisions of the Act
- 23ATransitional provision for official labels on IP completion day
- 24Revocations
- Signature
- Schedule 1: CONDITIONS FOR CERTIFICATION AND GRADING OF SCOTTISH SEED POTATOES
- Part I: General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II: Pre-basic seed potatoes
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part III: Basic seed potatoes
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part IV: Test and trial seed potatoes
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 2: CERTIFICATION AND GRADING: SOURCE MATERIAL REQUIREMENTS, OTHER REQUIREMENTS AND TOLERANCES
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: REQUIREMENTS AS TO VARIETAL PURITY AND SIZE
- 1Requirements as to varietal purity and size
- 2GB grade PBTC
- 3GB grade PB
- 4GB grade S, SE, E and test and trial seed potatoes
- 5Seed potatoes produced outside Scotland
- Schedule 4: PARTICULARS TO BE PROVIDED IN RESPECT OF SEED POTATOES PRODUCED OUTSIDE THE BRITISH ISLANDS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 5: OFFICIAL LABELS
- 1Pre-basic seed potatoes
- 2Basic seed potatoes
- 3Test and trial seed potatoes
- 4Paragraph 4
- Schedule 5A: OFFICIAL DOCUMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 6: TOLERANCES FOR DISEASES, PESTS, DAMAGE AND DEFECTS
- 1Tolerances
- 2Individual tolerances
- 3Group tolerances
- 4Collective group tolerances
- 5Allowable surface area cover
- Schedule 7: PARTICULARS TO BE SPECIFIED IN A SALE NOTE, DELIVERY NOTE, INVOICE, ETC.
- Pre basic seed potatoes
- Basic Seed potatoes
- Schedule 8: SAMPLING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 9REVOCATIONS
- Explanatory note