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The Seed Potatoes (Scotland) Regulations 2015

S.S.I. 2015/395 · Made 19 November 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

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

  1. Part I: PRELIMINARY
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part II: MARKETING OF SEED POTATOES
  5. 3Seed potatoes which may be marketed
  6. 4General provisions on the marketing of seed potatoes
  7. 5Marketing requirements – test and trial seed potatoes
  8. 6Marketing requirements – scientific and selection seed potatoes
  9. 7Marketing requirements – conservation varieties
  10. Part III: CERTIFICATION AND GRADING
  11. 8Certification and grading
  12. 9Official examinations to be performed prior to marketing
  13. Part IV: LABELLING OF SEED POTATOES
  14. 10Labelling of seed potatoes
  15. 11Sealing of packages
  16. 12Particulars of sale
  17. 13Retail sales of seed potatoes
  18. Part V: ENFORCEMENT
  19. 14Enforcement – powers of examination and production
  20. 15Enforcement – crop inspection report, applicable GB grade and official label
  21. 16Enforcement –disease control measures and compliance
  22. Part VI: MISCELLANEOUS PROVISIONS
  23. 17Sampling of seed potatoes
  24. 18Information regarding seed potatoes
  25. 19Service of notices
  26. 20Imports from outside British Islands
  27. 21Exemptions
  28. 22Consequential amendments
  29. 23Extension and modification of provisions of the Act
  30. 23ATransitional provision for official labels on IP completion day
  31. 24Revocations
  32. Signature
  33. Schedule 1: CONDITIONS FOR CERTIFICATION AND GRADING OF SCOTTISH SEED POTATOES
  34. Part I: General
  35. 1Paragraph 1
  36. 2Paragraph 2
  37. 3Paragraph 3
  38. 4Paragraph 4
  39. 5Paragraph 5
  40. Part II: Pre-basic seed potatoes
  41. 6Paragraph 6
  42. 7Paragraph 7
  43. 8Paragraph 8
  44. 9Paragraph 9
  45. Part III: Basic seed potatoes
  46. 10Paragraph 10
  47. 11Paragraph 11
  48. 12Paragraph 12
  49. Part IV: Test and trial seed potatoes
  50. 13Paragraph 13
  51. 14Paragraph 14
  52. 15Paragraph 15
  53. Schedule 2: CERTIFICATION AND GRADING: SOURCE MATERIAL REQUIREMENTS, OTHER REQUIREMENTS AND TOLERANCES
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. Schedule 3: REQUIREMENTS AS TO VARIETAL PURITY AND SIZE
  57. 1Requirements as to varietal purity and size
  58. 2GB grade PBTC
  59. 3GB grade PB
  60. 4GB grade S, SE, E and test and trial seed potatoes
  61. 5Seed potatoes produced outside Scotland
  62. Schedule 4: PARTICULARS TO BE PROVIDED IN RESPECT OF SEED POTATOES PRODUCED OUTSIDE THE BRITISH ISLANDS
  63. 1Paragraph 1
  64. 2Paragraph 2
  65. 3Paragraph 3
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. 6Paragraph 6
  69. 7Paragraph 7
  70. Schedule 5: OFFICIAL LABELS
  71. 1Pre-basic seed potatoes
  72. 2Basic seed potatoes
  73. 3Test and trial seed potatoes
  74. 4Paragraph 4
  75. Schedule 5A: OFFICIAL DOCUMENTS
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. Schedule 6: TOLERANCES FOR DISEASES, PESTS, DAMAGE AND DEFECTS
  81. 1Tolerances
  82. 2Individual tolerances
  83. 3Group tolerances
  84. 4Collective group tolerances
  85. 5Allowable surface area cover
  86. Schedule 7: PARTICULARS TO BE SPECIFIED IN A SALE NOTE, DELIVERY NOTE, INVOICE, ETC.
  87. Pre basic seed potatoes
  88. Basic Seed potatoes
  89. Schedule 8: SAMPLING
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. Schedule 9REVOCATIONS
  95. Explanatory note