Regulation 3 GB Variety Lists of plant varieties and the GazetteF1F11
United Kingdom
For the purposes referred to in paragraph (2) below the Secretary of State shall—
publish these GB Variety Lists in the Gazette.
The appropriate authority shall accept a plant variety on to a F4GB Variety List in accordance with these Regulations—
for purposes in relation to the marketing of seed of the variety; and
in the case of a plant variety other than a B List vegetable variety, for purposes in relation to the certification of seed of the variety,
and the lists of vegetable plant varieties shall be subdivided into B list vegetable varieties and varieties whose seed may be certified as “pre-basic seed”, “basic seed” or “certified seed”, or may be controlled as “standard seed”, F5in accordance with, as respects England, Part 5 of Schedule 2 to the Seed Marketing Regulations 2011, as respects Wales, F6Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012, as respects Scotland, the Vegetable Seeds Regulations 1993 F7....
The GB Variety Lists shall not include—
varieties intended for use solely as components of final varieties except to the extent that seeds belonging to such varieties are to be marketed under the names of those components; and
varieties the seed or propagating material of which are intended for export F8from the United Kingdom.
In respect of each variety accepted on to a GB Variety List the reference to the variety in the List shall include—
a reference to the name under which the variety is accepted; and
except in respect of any B List vegetable variety widely known on 1st January 1973, a reference to the maintainer of the variety.
If any plant variety accepted on a GB Variety List is a genetically modified variety the Secretary of State shall publish a clear indication of that fact in the List together with the reference number under which the variety has been accepted for marketing in accordance with F9the relevant legislation.
The Secretary of State shall publish in the Gazette notice of any—
application made in accordance with these Regulations;
application so made which is withdrawn;
proposed relevant decision and the reasons for it;
relevant decision;
decision of the Tribunal made on an appeal brought in respect of a decision under these Regulations; and
other change made in accordance with these Regulations to a GB Variety List or an application in respect of an GB Variety List,
together with, in respect of any notice containing information about a genetically modified variety, a clear indication of that fact.
Where an application for acceptance of a variety onto a GB Variety List is yet to be determined, the Secretary of State shall not publish in the Gazette details of any proposed maintainer or proposed substitution or addition of a maintainer of that variety.
Where the appropriate authority propose to make a relevant decision the Secretary of State, in addition to publishing in the Gazette notice of the proposed decision shall also publish in the Gazette—
a statement that written and oral representations may be made about the proposed relevant decision by persons who would be affected by it; and
a statement of the manner in which, and the period (not being less than 14 days) within which, written representations, and a request for oral representations, may be made.
The appropriate authority shall not make a relevant decision before the expiry of the period published in the Gazette as being the period within which written representations, and a request for oral representations, in respect of the proposal for the decision may be made.
Annotations
Textual amendments
- F1
Regulations revoked (N.I.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 5 (with savings and transitional provisions in S.R. 2020/302, reg. 25)
- F2
Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(3)(b)
- F3
Words in regs. 3-7 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(4)
- F4
Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(3)(a)
- F5
Words in reg. 3(2) substituted (1.4.2011) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2011 (S.I. 2011/464), regs. 1, 2(3)
- F6
Words in reg. 3(2) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 42(3)(a)
- F7
Words in reg. 3(2) omitted (E.W.S.) (31.12.2020) by virtue of The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(5)
- F8
Words in reg. 3(3)(b) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(3) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in reg. 3(5) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(3)(b)
- F10
Reg. 3(6A) inserted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(3)(c)
- F11
Words in reg. 3 heading substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(3)(b)