The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997

Made: 17th 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, 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 1997 and shall come into force on 1st April 1997.

Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994

2

The Seeds (National Lists of Varieties) (Fees) Regulations 1994[^f00003] shall be amended as follows—

• (a) in regulation 3 (payment of fees)—

• (i) in paragraph (1), in the first line for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraph (2)”;

• (ii) paragraph (3) shall be omitted; and

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

SCHEDULE — SCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994

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

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (as amended) (“the principal Regulations”) so as to prescribe revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (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, trial, observation plot, award and renewal fees have been increased by 3 per cent, rounded to the nearest £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. Other fees in Schedule 5 are unchanged.

The Regulations amend the principal Regulations by adding festulolium to the list of plant varieties for which fees are payable in respect of trials for value for cultivation and use.

These Regulations also remove the exception from charging for those varieties listed in Part II of Schedule 3 contained in regulation 3(3) of the principal Regulations. Part I and Part II of Schedule 3 have therefore been combined (regulation 2(a)).

A Compliance Cost Assessment has been prepared and placed in the library 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; 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 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.

[^f00002]: S.I. 1973/609.

[^f00003]: S.I. 1994/676, amended by S.I. 1995/607.