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The Plant Breeders' Rights (Discontinuation of Prior Use Exemption) Order 2005

S.I. 2005/2726 · Made 3 October 2005 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 November 2005.

PLANT BREEDERS' RIGHTS, ENGLAND

PLANT BREEDERS' RIGHTS, NORTHERN IRELAND

Made 3rd October 2005

Laid before Parliament 5th October 2005

Coming into force 7th November 2005

The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred by section 9(6) of the Plant Varieties Act 1997f1 and now vested in themf2 after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, make the following Order:

Annotations to the whole text

Footnotes

f1

1997 c. 66. see section 49(1) for a definition of “the Ministers”.

f2

Under the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) the functions of the Secretary of State for Scotland and the Secretary of State for Wales under the Plant Varieties Act 1997 were, so far as they are exercisable in relation to England, transferred to the Minister of Agriculture, Fisheries and Food and under the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties Act 1997 were transferred to the Secretary of State for Environment, Food and Rural Affairs.

Contents

  1. 1Title, commencement and application
  2. 2Discontinuation of Prior Use Exemption
  3. Signature
  4. Explanatory note

1Title, commencement and application

This Order applies in England and Northern Ireland, may be cited as the Plant Breeders' Rights (Discontinuation of Prior Use Exemption) Order 2005 and comes into force on 7th November 2005.

2Discontinuation of Prior Use Exemption

Section 9(5) of the Plant Varieties Act 1997 ceases to have effect.

Signature

Bach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

2nd October 2005

Jeff Rooker

Minister of State Northern Ireland Office

3rd October 2005

Explanatory note

(This note is not part of the Order)

This Order applies in England and Northern Ireland and comes into force on 7th November 2005.

The Order discontinues the prior use exemption in section 9(5) of the Plant Varieties Act 1997.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.