The Plant Varieties and Seeds Tribunal Rules 1974

APPEALS FROM MINISTERS AND FROM THE FORESTRY COMMISSIONERS

Notice of appeal

15.  An appeal under the Part II regulations against a decision of a respondent authority shall be instituted by the appellant serving on the secretary within 28 days of the respondent authority's giving notice of its decision a notice of appeal in Form 8, which shall be accompanied by the documents referred to therein.

Parties

16.—(1) The appellant and the respondent authority shall be parties to an appeal under the Part II regulations.

(2) Any person who was under the Part II regulations entitled to make representations to, or to be heard by, the respondent authority in the proceedings in respect of which the decision was given, and who availed himself of that opportunity, shall be entitled to appear and be heard as a party to an appeal against the decision of the respondent authority.

Respondent authority's statement, etc

17.—(1) On receiving notice of appeal under rule 15 the secretary shall serve a copy on the respondent authority which shall within 28 days supply the secretary with a copy of its decision and of the reasons for it, together with two copies of a statement in Form 9.

(2) On receiving the respondent authority's statement, the secretary shall serve a copy on the appellant together with a notice in Form 10.

(3) Where any person is entitled under rule 16(2) to appear and be heard as a party to any appeal—

(a) the respondent authority shall, when supplying a statement under paragraph (1) of this rule, supply the secretary with a list containing the names and addresses of the persons so entitled;

(b) the secretary shall serve on each such person a notice in Form 3 together with a copy of the notice of appeal and of the respondent authority's statement;

(c) rule 5(1) shall apply in relation to each such persons as it applies in relation to a person entitled to appear under the Part I regulations as if for the reference therein to rule 4(2)(b) there were substituted a reference to sub-paragraph (b) of this paragraph.

(4) The respondent authority shall, on giving notice in that behalf to the secretary, be entitled to inspect any document and any plants or plant material or basic material supplied or made available by any party to the appeal and to be supplied with copies of any such document.

Application of rules

18.  Rules 3, 4, 5(2) and 6(2) shall not apply to appeals from a respondent authority but in all other respects these rules shall, subject to rule 17(3)(c), apply to such appeals as if for references to the Controller there were substituted references to the respondent authority, as if the references in rules 6(1), 12(2) and 12(4) to plants or plant material included a reference to basic material and as if in rule 9(2) the words “if he has notified the secretary under rule 5(2) of his intention to appear” were omitted.