The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991

Made: 8th March 1991

Laid before Parliament: 22nd March 1991

Coming into force: 12th April 1991

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964[^f00001] as extended to Northern Ireland[^f00002] and of all other powers enabling them in that behalf, after consultation with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of that Act, hereby make the following Regulations:

Title and commencement

1

These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 and shall come into force on 12th April 1991.

Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1990

2

• (1) The Seeds (National Lists of Varieties) (Fees) Regulations 1990[^f00003] shall be amended in accordance with the provisions of this regulation.

• (2) In regulation 3 (payment of fees)—

• (a) in paragraph (1)—

• (i) for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraph (2) below”;

• (ii) sub-paragraph (c) shall be omitted;

• (iii) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

(d) a renewal fee, being the new fee set out in the second column of Part III of the Schedule in relation to a year of retention of a plant variety in a National List opposite the reference in the first column of the said Part III to the plant variety of the kind retained in the National List, such fee being payable, subject to regulation 4(3) below, before the beginning of the year of retention in the National List;

• (iv) in sub-paragraph (e) “Part IV” shall be substituted for “Part V” in each of the three places in which it occurs;

• (b) paragraph (3) shall be omitted.

• (3) In paragraph (2) of regulation 4 (renewal fees) “Part III” shall be substituted for “Part IV”.

• (4) For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.

SCHEDULE — PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1990

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food — 7th March 1991.

Strathclyde — Parliamentary Under Secretary of State, Scottish Office — 5th March 1991

David Hunt — Secretary of State for Wales — 6th March 1991

Peter Brooke — Secretary of State for Northern Ireland — 8th March 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (S.I. 1982/844) (as amended) (regulation 2(4)).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.

These Regulations also amend the Seeds (National Lists of Varieties) (Fees) Regulations 1990 so as to—

• (a) remove the requirement that a fee be paid in respect of trials for value for cultivation and use of a plant variety on application for entry in a National List (regulation 2(2)(a)(i) and (ii) and 2(2)(b));

• (b) require the payment of the same renewal fee for each year of the retention of a plant variety in the National List (regulation 2(2)(a)(iii).

Footnotes

[^f00001]: 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272) for the definition of “the Ministers” and section 39(3)(a)(ii) for an extension to include the Secretary of State concerned with agriculture in Northern Ireland.

[^f00002]: By the Plant Varieties and Seeds (Northern Ireland) Order 1973 (S.I. 1973/609).

[^f00003]: S.I. 1990/617.