# The Seed (Registration, Licensing and Enforcement) (England) Regulations 2002, Regulation 36: Right to make representations


(1) The Secretary of State shall not—
(a) refuse to register a person as a person who may engage in a seed industry activity;
(b) revoke the registration of a person as a person who may engage in a seed industry activity;
(c) refuse to grant or vary a crop inspector’s licence;
(d) vary a crop inspector’s licence pursuant to regulation 12(4);
(e) suspend or revoke a licensed crop inspector’s licence;
(f) refuse to grant a seed sampler’s licence;
(g) vary a licensed seed sampler’s licence;
(h) suspend or revoke a licensed seed sampler’s licence;
(i) refuse to grant or vary a LSTS licence;
(j) vary a LSTS licence pursuant to regulation 26(4); or
(k) suspend or revoke a LSTS licence;
unless she has complied with the provisions of this regulation.
(2) The Secretary of State shall—
(a) give the person concerned notice stating what she is proposing to do and the reasons for it; and
(b) inform the person concerned of his right to make representations to her and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made.
(3) In this regulation, the person concerned in the case of any notice served in connection with a LSTS shall be the person in charge of the LSTS.
(4) Subject to paragraph (5), the Secretary of State shall not proceed with her proposed refusal, variation, suspension or revocation (as the case may be) until the period allowed for making representations has passed.
(5) Where the Secretary of State considers it necessary to suspend a crop inspector’s licence, a seed sampler’s licence or a LSTS licence, with immediate effect, she may do so notwithstanding the right of the person concerned to make representations and when she gives notice of her decision under paragraph (7) she shall—
(a) indicate whether the suspension should for the time being remain in force; or
(b) withdraw the suspension of the licence.
(6) A person who makes representations to the Secretary of State shall provide the Secretary of State with a copy of any document upon which that person seeks to rely within the time allowed for the making of such representations.
(7) The Secretary of State shall consider any representations made to her under this regulation before giving the person concerned notice of her decision together with the reasons for it and, where appropriate, of the date from which the decision shall have effect.
(8) A notice under paragraph (7) shall where applicable inform the person concerned of—
(a) his right to appeal to the Tribunal against the Secretary of State’s decision; and
(b) the time within which such an appeal may be brought.
(9) There shall be no right of appeal to the Tribunal where the Secretary of State—
(a) has refused to grant a crop inspector’s licence or a seed sampler’s licence for the sole reason that he failed to pass the relevant examination for the grant of the licence;
(b) has refused to vary a crop inspector’s licence for the sole reason that he failed to pass the relevant examination for the variation of the licence; or
(c) has decided that a licensed crop inspector or licensed seed sampler is no longer qualified to inspect crops or sample seed (as the case may be) and has—
(i) in the case of a crop inspector varied, suspended or revoked his licence, or
(ii) in the case of a licensed seed sampler suspended or revoked his licence,
for the sole reason that he failed to pass an examination which he was required to undergo as a condition of his licence.
(10) The Secretary of State may charge any person making representations under this regulation reasonable fees in that connection which shall be payable on making the representations to her.

---
Source: https://www.legislation.gov.uk/uksi/2002/3176/regulation/36 (the official version)
Page: https://openlegislation.uk/seed-registration-licensing-and-enforcement-england-regulations-2002/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.