Seeds, England PART 1 Introductory Citation, commencement, extent, application and expiry 1 1 These Regulations may be cited as the Seed Marketing (CMS Wheat Hybrids) (Temporary Experiment) (England) Regulations 2024. 2 These Regulations come into force on 26th September 2024. 3 These Regulations extend to England and Wales but apply in relation to England only. 4 These Regulations cease to have effect at the end of 25th September 2031. Interpretation 2 In these Regulations— “ the 2011 Regulations ” means the Seed Marketing Regulations 2011 ; “ CMS wheat hybrid ” means a hybrid of the plant species of Triticum aestivum , Triticum durum or Triticum spelta produced by means of cytoplasmic male sterility; “ the experiment ” means the temporary experiment organised in accordance with these Regulations; “licence”, except in regulation 4(2)(d), means a licence granted under regulation 3(3); “ marketing ” has the meaning given by regulation 2 of the 2011 Regulations; “ participant ” means a person granted a licence. PART 2 The experiment Purpose and duration of the experiment, and the granting of licences to participate in it 3 1 The purpose of the experiment, in accordance with regulation 21A(1) of the 2011 Regulations , is to seek alternative requirements for the certification of CMS wheat hybrids which may be more suitable than the requirements specified in Schedule 2 to the 2011 Regulations. 2 The experiment lasts for a period of seven years beginning with 26th September 2024 and ending at the end of 25th September 2031. 3 The Secretary of State may grant a licence for the purpose of participating in the experiment to a person who applies for a licence in accordance with regulation 4(1) and (2). Application for a licence 4 1 An application for a licence must be made in writing to the Secretary of State and include the information specified in paragraph (2). 2 The information is— a the name, telephone number, address and email address of the applicant and, where the applicant is not an individual, the name of the individual who is to be responsible for participation in the experiment, b the varieties of CMS wheat hybrids proposed to be used in the experiment, c the region or proposed region in which CMS wheat hybrids are to be grown, and d where the applicant is required to have a licence for the marketing of seed under regulation 20 of the 2011 Regulations, the number of that licence. 3 The Secretary of State may include, as a condition in a licence, that participants must resubmit the information specified in paragraph (2) annually, and any other conditions that the Secretary of State considers to be appropriate. 4 The participant must comply with any conditions specified in the licence. Period of validity of a licence 5 1 Subject to paragraphs (2) and (5) and to regulation 8, the period of validity of a licence to participate in the experiment begins on the date of issue specified in the licence and ends at the end of 25th September 2031. 2 If the participant’s licence specifies a shorter period of validity, the licence ceases to be valid at the end of the date specified in the licence. 3 If the participant intends to cease participation in the experiment, they must give notice in writing to the Secretary of State, specifying the date on which participation will cease. 4 The date specified for the purpose of paragraph (3) must be a date earlier than the date on which the participant’s licence would otherwise cease to be valid in accordance with paragraph (1) or (2). 5 Where the participant informs the Secretary of State that they intend to cease participation in the experiment, the participant’s licence ceases to be valid at the end of the date specified in the notice referred to in paragraph (3). Effect of the grant of a licence to participate in the experiment 6 The Schedule, which makes transitory modifications to the application of the 2011 Regulations during the period of validity of a licence, has effect in relation to a participant in so far as the provision relates to CMS wheat hybrids developed in accordance with the licence. Variation of conditions included in a licence 7 1 The Secretary of State may at any time vary any of the conditions included in a licence by giving notice in writing to the participant. 2 The written notice referred to in paragraph (1) must state the reasons for the variation and the date from which it is to take effect. Revocation or suspension of a licence 8 1 The Secretary of State may revoke or suspend a licence by giving written notice to the participant if satisfied that a participant has— a included incorrect information in an application for the licence under regulation 4; b failed to comply with any requirement or condition imposed on them by or under any legislation covering plant health and applying in relation to England, including in particular— i regulation 9, 10 or 11, ii the Plant Varieties and Seeds Act 1964, or iii the 2011 Regulations, as they have effect under the Schedule; c failed to comply with a requirement or condition of the licence. 2 The written notice referred to in paragraph (1) must state the reasons for the revocation or suspension and the date from which it is to take effect. 3 Following the suspension of a licence referred to in paragraph (1), the Secretary of State may, where they are satisfied that it is appropriate to do so, lift the suspension by giving written notice of this to the participant, specifying the date on which the suspension will cease to have effect. PART 3 Record keeping and inspection of premises Recording and reporting obligations relating to the experiment 9 A participant or, where the participant is not an individual, the person responsible for the participant’s participation in the experiment, must keep accurate records concerning the experiment in relation to— a the parental components which have been used to create a CMS wheat hybrid, b any changes to the information specified in regulation 4(2) since the licence application was made, and c information allowing the participant to identify— i all suppliers of the seeds used to create a CMS wheat hybrid, ii any person to whom seeds of the hybrid have been supplied, and iii the person responsible for the development and maintenance of the hybrid. 10 1 A participant or, where the participant is not an individual, the person responsible for the participant’s participation in the experiment, must notify the Secretary of State in writing of any changes to the information specified in regulation 4(2) since the licence application was made. 2 The written notification referred to in paragraph (1) must be given within the period of 30 days beginning with the date on which the change took place, or the date on which the participant ought reasonably to have become aware of it. Access to and inspection of premises etc. 11 1 A participant must ensure that the Secretary of State, having given notice in accordance with paragraph (2), is permitted to access and inspect— a fields or premises being used by the participant for the production or marketing of a CMS wheat hybrid, and b the records concerning the experiment required to be kept by regulation 9. 2 Before an inspection takes place, the Secretary of State must give reasonable notice in writing to the participant and to any person who has control of the premises, fields or records which are to be inspected. 3 Inspections under this regulation may be carried out at any reasonable time and with such frequency as the Secretary of State considers to be appropriate. PART 4 Marketing and certification Certification procedure 12 1 A participant may apply to the Secretary of State under the 2011 Regulations, as they have effect under the Schedule, for certification of CMS wheat hybrid seeds developed under the experiment. 2 If the Secretary of State considers that the requirements specified in the relevant provisions of the 2011 Regulations are met, the Secretary of State may certify those seeds for the purpose of regulation 8(a) of those Regulations. Hayman of Ullock Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 3rd September 2024