Forest Reproductive Material Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/891 |
| Year | 1977 |
1977 No. 891
SEEDS
The Forest Reproductive Material Regulations 197723rdMay 1977
2ndJune 1977
1stJuly 1977
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers vested in them by sub-sections (1), (1A), (2), (3), (4) and (8) of section 16 of the Plant Varieties and Seeds Act 1964(a) as amended by section 4(1) of, and sub-paragraphs (1), (2), (3), (4) and (5) of paragraph 5 of Schedule 4 to, the European Communities Act 1972(b), and all other powers enabling them in that behalf, after consultation with the Council on Tribunals and with representatives of such interests as appear to them to be concerned, hereby make the following regulations:—
PART I
GENERAL
Citation and commencement
1.—(1) These regulations may be cited as the Forest Reproductive Material Regulations 1977.
(2) These regulations shall come into operation on 1st July 1977.
Interpretation
2.—(1) The Interpretation Act 1889(c) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Plant Varieties and Seeds Act 1964 as amended by section 43 of, and Schedule 7 to, the Agriculture (Miscellaneous Provisions) Act 1968(d) and section 4(1) of, and paragraph 5 of Schedule 4 to, the European Communities Act 1972;
"basic material" means—
(a) in relation to forest reproductive material produced by sexual means, stands of trees and seed orchards, and
(b) in relation to forest reproductive material produced by vegetative means, clones and mixtures of clones;
(a) 1964 c. 14.
(b) 1972 c. 68.
(c) 1889 c. 63.
(d) 1968 c. 34.
"clone" means a group of plants produced vegetatively from one original seedling or stock (and includes parts of plants so produced);
"Commissioners" means Forestry Commissioners;
"cones" means cones containing seed;
"forest reproductive material" means—
(a) seed and cones intended for the production of plants,
(b) parts of plants intended for the production of plants, and
(c) young plants raised from seed or from parts of plants, natural seedlings and sets,
derived from basic material of the genera and species specified in Schedule 1;
"marketing" means exposure for sale, offer for sale, sale or delivery, and "marketed" shall be construed accordingly;
"Member State" means a state, other than the United Kingdom, which is a member of the European Communities;
"National Register" means the National Register of Basic Material for the Production of Forest Reproductive Material established in accordance with regulation 5(1) of the 1973 Regulations;
"1973 Regulations" means the Forest Reproductive Material Regulations 1973(a), as amended(b);
"official testing station" means the official testing station for forest reproductive material in Great Britain established by the Commissioners;
"origin" means the place in which an indigenous stand of trees is growing, or the place from which a non-indigenous stand was originally introduced;
"parts of plants" means cuttings, layers, roots and scions;
"provenance" means the place in which any stand of trees, whether indigenous or non-indigenous, is growing;
"region of provenance" means for a species, a sub-species or variety, the area or group of areas subject to practically uniform ecological conditions in which are found stands showing similar phenotypic or genetic characteristics: Provided always that the region of provenance of the forest reproductive material produced in a seed orchard shall be the region of provenance of the basic material used for the establishment of that orchard;
"seed" includes fruits;
"seed orchard" means a plantation of selected clones or progenies which is isolated or laid out to avoid or reduce pollination from outside sources, and managed so as to produce frequent, abundant and easily harvested crops of seed;
(a) S.I. 1973/944 (1973 II, p. 2843).
(b) S.I. 1973/1108, 1974/877 (1973 II, p. 3388; 1974 II, p. 3342).
"selected reproductive material" means—
(a) forest reproductive material derived from basic material approved for registration in accordance with paragraph (2)(a) and (b)(i) of regulation 5 of these regulations or (in relation to basic material approved for registration before 1st July 1977) in accordance with regulation 6(2) of the 1973 Regulations;
(b) forest reproductive material officially designated as selected reproductive material under legislation of a Member State or Northern Ireland corresponding to paragraph (2)(a) and (b)(i) of regulation 5 of these regulations or to regulation 6(2) of the 1973 Regulations.
"small quantity of seed" means a quantity of seed sufficient to produce not more than 1,000 useable plants;
"Test Certificate" means a test certificate issued under regulation 13 of these regulations or under regulation 8 of the 1973 Regulations;
"tested reproductive material" means—
(a) forest reproductive material derived from basic material approved for registration in accordance with paragraph (2)(a) and (b)(ii) of regulation 5;
(b) forest reproductive material officially designated as tested reproductive material under legislation of a Member State or Northern Ireland corresponding to paragraph (2)(a) and (b)(ii) of regulation 5;
"the Tribunal" means the Plant Varieties and Seeds Tribunal established by section 10 of, and Schedule 4 to, the Act.
(3) Any reference in these regulations to a numbered regulation or a schedule is a reference to the regulation or schedule so numbered in these regulations.
Application
3.—(1) These regulations shall not apply to—
(a) seed or cones collected or marketed for export to countries other than Member States;
(b) parts of plants or young plants taken, raised or marketed for purposes other than the production of wood;
(c) seed or cones authorised by the Commissioners in writing to be used in tests or for scientific purposes.
(2) Regulations 8, 9, 10, 11(1)(a), 14 and 15 shall not apply to—
(a) small quantities of seed not intended for forestry purposes;
(b) parts of plants or young plants intended for export to countries other than Member States, or authorised by the Commissioners in writing to be used in tests or for scientific purposes;
(c) forest reproductive material authorised by the Commissioners in writing to be used in selection work.
PART II
REGISTRATION OF BASIC MATERIAL AND DELINEATION OF REGIONS OF PROVENANCE
National Register of Basic Material
4.—(1) The Commissioners shall continue to maintain the National Register which shall be kept at the Commissioners' principal office and in which shall be recorded the particulars of such basic material as may be approved and accepted by the Commissioners for registration.
(2) A copy of the National Register shall be held at the official testing station, and at every Forestry Commission Conservancy Office in Great Britain.
(3) The Commissioners shall provide reasonable facilities for inspecting the National Register and each of the copies thereof mentioned in paragraph (2) of this regulation, and for taking copies of and extracts from them.
Registration of basic material
5.—(1) An owner of basic material seeking approval and registration thereof in the National Register shall apply in writing to the Commissioners who, upon receiving payment of their fee for their services in connection with such application, shall arrange for an inspection of the basic material to be made by a Forestry Commission officer.
(2) The Commissioners shall not approve basic material for registration unless they are satisfied—
(a) that its qualities are such as to make it suitable for reproductive purposes and that it has no characteristics undesirable for forestry purposes and
(b) either—
(i) that the material conforms to the requirements set out in Schedule 2, or
(ii) that the material shows improved value for use as determined by tests which conform to the requirements set out in Schedule 3.
(3) If the basic material inspected is approved for registration the Commissioners shall register it in the National Register.
(4) Entries in the National Register relating to basic material approved for registration in accordance with paragraph (2)(a) and (b)(i) of this regulation shall be made separately from entries relating to basic material so approved in accordance with paragraph (2)(a) and (b)(ii).
(5) The Commissioners may at any time remove basic material from the National Register if they are satisfied that it should be so removed having regard to the matters mentioned in paragraph (2) of this regulation.
(6) For the purposes of this regulation basic material shows improved value for use when the genetic characters of that material, taken as a whole, show a distinct improvement for forestry purposes as compared with the genetic characters of standards selected in accordance with Schedule 3, at least for cultivation in the region in which those standards are generally used.
Appeals against refusal to register or removal from the National Register
6.—(1) Where the Commissioners propose to make a decision—
(a) to refuse to register basic material submitted for registration, or
(b) to remove basic material from the National Register,
the Commissioners shall give to the owner of the basic material notice of the proposal together with the reasons for it; and the owner may, within 28 days from the day on which the notice is given, submit to the Commissioners representations in writing or a written request to make oral representations with respect to the proposal.
(2) Where, within the period specified in paragraph (1) above, the owner of the basic material shall submit a request to make oral representations, the Commissioners shall give him an opportunity to be heard either in person or by any person authorised by him in that behalf.
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