Forest Reproductive Material Regulations 1973
| Jurisdiction | UK Non-devolved |
1973 No. 944
SEEDS
The Forest Reproductive Material Regulations 197322ndMay 1973
7thJune 1973
1stJuly 1973 (subject to regulation 1(3)) 1st July 1973 (subject to regulation 1(3))
The Minister of Agriculture, Fisheries and Food, and the Secretary of State for Scotland, in exercise of the powers vested in them by section 7(1) of the Seeds Act 1920(a), and after consultation with the Forestry Commissioners and with representatives of the interests concerned, and 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 subsections (1), (1A), (2), (3), (4) and (8) of section 16 of the Plant Varieties and Seeds Act 1964(b) as amended by section 4(1) of, and subparagraphs (1), (2), (3), (4) and (5) of paragraph 5 of Schedule 4 to, the European Communities Act 1972(c), 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 1973.
(2) These regulations, except the regulations mentioned in paragraph (3) of this regulation to the extent of the application of those regulations as therein specified, shall come into operation on 1st July 1973.
(3) Regulations 10, 11, 12, and 13(1)(a),—
(a) in so far as they apply to seed and cones of such of the genera and species listed in Schedule 1 as are coniferous collected before 1st July 1973, shall come into operation on 1st July 1975; and
(b) in so far as they apply to young plants raised from seed collected, or parts of plants taken, before 1st July 1973, shall come into operation on 1st July 1977.
Restriction of the Seeds Regulations 1961 and of the Seeds (Scotland) Regulations 1961.
2. The Seeds Regulations 1961(d) shall cease to have effect in relation to the forest tree seeds specified in Part I of the First Schedule thereto, and the Seeds (Scotland) Regulations 1961(e) shall cease to have effect in relation to the forest tree seeds specified in Part I of the First Schedule thereto.
(a) 1920 c. 54.
(b) 1964 c. 14.
(c) 1972 c. 68.
(d) S.I. 1961/212 (1961 I, p. 362).
(e) S.I. 1961/274 (1961 I, p. 446).
Interpretation
3.—(1) The Interpretation Act 1889(a) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act 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(b) 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 conservation seed orchards, and
(b) in relation to forest reproductive material produced by vegetative means, clones;
"Commissioners" means Forestry Commissioners;
"cones" means cones containing seed;
"conservation seed orchard" means an orchard raised artificially from one or more officially approved stands of trees in the same region of provenance and intended for the production of 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;
"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 and scions;
"percentage of germination" means the percentage by number of pure seed which in the course of a germination test produce seedlings which have developed structures which indicate the ability to produce mature plants under favourable conditions in the field;
"percentage of purity" means the percentage by weight of pure seed as ascertained in a seed test;
"provenance" means the place in which any stand of trees, whether indigenous or non-indigenous, is growing;
"pure seed" means whole seeds of the kind which the seed purport to be (including any such seeds which are immature, shrivelled, sprouted, cracked, insect-damaged, diseased or otherwise injured provided they can be definitely
(a) 1889 c. 63.
(b) 1968 c. 34.
identified as the species under consideration) and pieces of such seeds larger than one-half of the original size of the whole seed but excluding, in the case of conifers, seeds and pieces of seeds from which the seed coat is entirely removed;
"region of provenance" means—
(a) for a species, a sub-species or distinct variety, the area or group of areas subject to sufficiently uniform ecological conditions in which are found stands whose genetic or morphological characteristics are similar and of equal value for the production of wood, and
(b) for a conservation seed orchard, the region of provenance of the basic material used for the creation of the orchard;
"seed" includes fruits;
"Test Certificate" means a test certificate issued under regulation 8;
"the Tribunal" means the Plant Varieties and Seeds Tribunal established by section 10 of, and Schedule 4 to, the Act.
(3) Any references in these regulations to a numbered regulation or a schedule are references to the regulation or schedule so numbered in these regulations.
Application
4.—(1) These regulations shall not apply to—
(a) seed or cones collected or marketed for export to countries other than Member States; or
(b) parts of plants or young plants taken, raised or marketed for purposes other than the production of wood.
(2) Regulations 10, 11, 12 and 13(1)(a) shall not apply to parts of plants or young plants taken, raised or marketed for export to countries other than Member States.
PART II
REGISTRATION OF BASIC MATERIAL, TESTING OF SEED AND DELINEATION OF REGIONS OF PROVENANCE
National Register of Basic Material
5.—(1) The Commissioners shall establish and maintain an official register of basic material in Great Britain to be known as the National Register of Basic Material for the Production of Forest Reproductive Material (hereafter in these regulations referred to as "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
6.—(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, having regard to the inspecting officer's report and to the criteria set out in Schedule 2, that its qualities are such as to make it suitable for reproductive purposes and that it has no characteristics undesirable for the production of wood.
(3) If the basic material inspected is approved for registration the Commissioners shall register it in the National Register.
(4) 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.
Appeals against refusal to register or removal from the National Register
7.—(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 be permitted to appear before them 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 request permission 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.
(3) The Commissioners shall not decide to refuse to register the basic material submitted for registration or, as the case may be, to remove the basic material from the National Register until after the expiration of the said period and, before deciding whether or not to do so, shall consider any representations made to them by or on behalf of the owner of the basic material.
(4)...
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