Regulation 15 Revocation of acceptance of plant varieties and maintainers
The Department shall revoke acceptance of a variety if it is satisfied that—
on examination, the variety is no longer distinct, stable or sufficiently uniform; or
in respect of a variety other than a B List vegetable variety widely known on 1 January 1973—
there is no maintainer of the variety and no application in relation to a maintainer of the variety has been made and not yet determined; or
whether or not there is a maintainer of the variety, it is not being properly maintained.
If after a variety is accepted on to an NI Variety List the Department is satisfied that, at the time the variety was accepted, time the variety was not distinct as specified in Schedule 2 it shall make such other determination as it considers to be in accordance with the Common Catalogue Directive or, in respect of a vegetable variety, the Vegetable Seed Marketing Directive, and this other determination may be a determination—
to revoke and replace the original acceptance; or
to revoke and not replace the acceptance.
If a determination is replaced by another determination under paragraph (2) the variety replaced shall, with effect from the date of that other determination, no longer be regarded as a variety known in the European Union within the meaning of Article 5(1) of the Common Catalogue Directive or, in respect of a vegetable variety, the Vegetable Seed Marketing Directive.
If, in relation to any variety accepted on to an NI Variety List, it appears to the Department that—
cultivation of the variety, in relation to plant health, could be harmful to the cultivation of other varieties or species;
in respect of a genetically modified variety, any authorisation for marketing of the variety in accordance with the relevant legislation has been revoked or has otherwise expired;
in respect of a variety other than a genetically modified variety any material derived from which is intended for use as a food, or a food ingredient, within the meaning of Article 1(2)(b) of the Novel Foods Regulation, the authorisation of the food ingredient for the purposes of that Regulation has been revoked or has otherwise expired;
false or misleading information material to the acceptance of the variety on to an NI Variety List was given to the Department in relation to that acceptance;
the maintainer of the variety has failed to comply with a requirement of these Regulations in relation to maintenance of the variety; or
any fee determined under regulation 11 has not been paid,
the Department may revoke the acceptance of the variety and, in respect of a failure by the maintainer of the variety to comply with a requirement of these Regulations in relation to maintenance of the variety, delete the reference to the name of that person as the maintainer of the variety.
The Department may revoke acceptance of a variety, whether or not it is satisfied of any of the matters in respect of the variety specified in paragraph (4), if it is satisfied that revocation is required by virtue of any provision of national law justified on grounds of the protection of health and life of humans, animals or plants.
On being given notice by a maintainer that he intends to stop, or has stopped, maintaining the variety with effect from a date specified in the notice the Department shall delete the reference to the name of that person as the maintainer of the variety with effect from that date.
Where a notice is given under paragraph (6) by the only maintainer of a variety, the Department shall not revoke the acceptance of the variety under paragraph (1)(b) until—
the Department has published a notice in the Gazette for the purpose of advertising for a new maintainer; and
after the period specified in the notice, during which a person may apply to be a maintainer of the variety, has expired.
Where the Department makes a determination under this regulation in relation to a variety or a maintainer of a variety, it shall inform the maintainer, and any other person whose name is in the record of the variety kept by the Department under regulation 16, of the determination and of the reasons for it.