The Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997

Made: 18th February 1997

Laid before Parliament: 20th February 1997

Coming into force: 1st April 1997

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, as respects the United Kingdom, in exercise of the powers conferred on them by sections 9(1) and 36 of the Plant Varieties and Seeds Act 1964[^f00001] as extended to Northern Ireland[^f00002], and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man[^f00003], and in exercise of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with section 9(1) of that Act, hereby make the following Regulations:

Title and commencement

1

These Regulations may be cited as the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.

Amendment of the Plant Breeders’ Rights (Fees) Regulations 1990

2

The Plant Breeders’ Rights (Fees) Regulations 1990[^f00004] shall be amended as follows—

• (a) in regulation 4 (renewal fees), paragraphs (2) and (3) shall be omitted;

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

SCHEDULE — SCHEDULE TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS’ RIGHTS (FEES) REGULATIONS 1990

Signed

Tim Boswell — Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food — 13th February 1997

Lindsay — Parliamentary Under Secretary of State, Scottish Office — 14th February 1997

Signed by authority of the Secretary of State for Wales

Jonathan Evans — Parliamentary Under Secretary of State, Welsh Office — 17th February 1997

Denton — Parliamentary Under Secretary of State, Northern Ireland Office — 13th February 1997

Michael Howard — Secretary of State for the Home — Department (being the Secretary of State concerned with matters relating to the Isle of Man) — 17th February 1997

We approve,

Richard Ottaway — Patrick McLoughlin — Two of the Lords Commissioners of Her Majesty’s Treasury — 18th February 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Plant Breeders’ Rights (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Plant Breeders’ Rights Regulations 1978 (as amended) (regulation 2(b)).

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.

Application, test, grant and renewal fees have been increased by 3 per cent, rounded to the nearest £5, except for roses where the increase is £5. The fee for the purchase of a report from a testing authority in another country has been increased to accord with the international charge of 350 Swiss Francs. The remaining fees payable in respect of other matters are unchanged.

The Regulations also remove the provision for proportionate renewal fees to be paid during the period between the date the renewal fee becomes due and the date of termination of plant breeders’ rights for non-payment of the fee (regulation 2(a)).

A Compliance Cost Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.

Footnotes

[^f00001]: 1964 c. 14; see section 38(1) (as amended by S.I. 1978/272 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.

[^f00002]: S.I. 1964/1574.

[^f00003]: S.I. 1969/1829.

[^f00004]: S.I. 1990/618, amended by S.I. 1994/675 and 1995/606 and 2947.