# The Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 S.I. 1988/356 · made 1 March 1988 These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1987 by substituting a new Schedule for the Schedule to those Regulations (Regulation 2). The new Schedule prescribes an overall increase of fees for the matters for which fees were previously charged with the exception of renewal fees for rose varieties, which have been reduced and those fees of £21.00 or less which remain at their former levels. Made under: Plant Varieties and Seeds Act 1964 (Section 9, Section 36, Section 38); Tribunals and Inquiries Act 1971 (repealed 1.10.1992) PDFs: Printed copy https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-1988/pdf/uksi_19880356_en.pdf ## Introductory text PLANT BREEDERS' RIGHTS Made 1st March 1988 Laid before Parliament 9th March 1988 Coming into force 1st April 1988 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 by sections 9(1), 36 and 38(1) of the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland and now vested in them, 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, 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 the said Act of 1964 and after consultation with the Council on Tribunals in accordance with section 10(1) of the Tribunals and Inquiries Act 1971, hereby make the following Regulations: ## 1 Title and commencement These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 and shall come into force on 1st April 1988. ## 2 Amendment of principal regulations For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987 there shall be substituted the provisions set out in the Schedule to these Regulations. ## Signature In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1988. L.S. John MacGregor Minister of Agriculture, Fisheries and Food Sanderson of Bowden Minister of State, Scottish Office 25th February 1988 Peter Walker Secretary of State for Wales 26th February 1988 Tom King Secretary of State for Northern Ireland 1st March 1988 Douglas Hurd Secretary of State for the Home Department 26th February 1988 (being the Secretary of State concerned with matters relating to the Isle of Man) We approve, Mark Lennox-Boyd Michael Neubert Two of the Lords Commissioners of Her Majesty’s Treasury 1st March 1988 ## PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1987 “SCHEDULE FEES Regulation 3(1) PART I fees payable on an application for a grant of plant breeders' rights Plant variety Amount New fee Old fee * The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 (S.I. 1987/189) before the coming into force of these Regulations. £ £ 1 A wheat (excluding durum wheat and spelt wheat) or barley variety 540 (520) 2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety 415 (400) 3 A maize variety 500 (480) 4 A field pea or field bean variety 325 (310) 5 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety 195 (185) 6 Any other variety not mentioned above (including a decorative or fruit variety) 120 (115) PART II fees payable in respect of tests or examination of a plant variety which is the subject of an application for a grant of plant breeders' rights Plant variety Tests or examination for which payable Amount New fee Old fee * The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations. £ £ 1 A wheat (excluding durum wheat and spelt wheat), barley or maize variety Tests in any one year 710 (680) 2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, field pea or field bean variety Tests in any one year 480 (460) 3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety Tests in any one year 270 (260) 4 A year-round perennial chrysanthemum variety Tests in each flowering season 225 (215) 5 A cymbidium variety Each examination 225 (215) 6 Any other variety not mentioned above (including a decorative or fruit variety) Tests in any one year 225 (215) PART III renewal fees Plant variety Renewal fees during the years of the exercise of plant breeders' rights indicated below Second to fifth year — each year New fee Old fee Sixth and each subsequent year New fee Old fee * The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations.160 £ £ £ £ 1 A wheat (excluding durum wheat and spelt wheat) or barley variety 475 (455) 630 (605) 2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety 335 (320) 570 (545) 3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety 195 (185) 255 (245) 4 A rose variety 95 (120) 125 (155) 5 Any other variety not mentioned above (including a decorative or fruit variety) 125 (120) 160 (155) PART IV fees payable in respect of other matters Matter When payable Amount New fee Old fee * The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations. £ £ 1 Application for a compulsory licence On making the application 21 (21) 2 Application to extend, limit, vary or revoke a compulsory licence On making the application 21 (21) 3 Application to amend a document in any application or proceeding On making the application 3 (3) 4 Application to rectify an error or omission in the register of plant varieties On making the application 3 (3) 5 Application for extension of time for the service or delivery of a document or thing or for the doing of an act On making the application 3 (3) 6 Making representations in writing to the Controller, by any person other than the applicant, in connection with any application On delivering the representations 3 (3) 7 Making representations in writing to the Controller, by any person other than the holder of plant breeders' rights, in connection with a proposal to terminate those rights or to revoke or terminate any extension of such rights On delivering the representations 3 (3) 8 Attending to be heard by the Controller, or by a person appointed by him for the purpose Before the hearing 21 (21) 9 Grant of plant breeders' rights in— (a) a variety referred to in items 1 to 4 in Part I of this Schedule Before the issue of the document constituting evidence of the grant 150 (145) (b) a variety referred to in item 5 in Part I of this Schedule 140 (135) (c) a variety referred to in item 6 in Part I of this Schedule 90 (85) 10 Giving a protective direction Before the issue of the document constituting evidence of the giving of the protective direction 21 (21) 11 Application for an extension of the period for payment of a renewal fee On making the application 21 (21) 12 Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended On payment of the renewal fee 21 (21) 13 Application for the approval of a substituted name for a plant variety On making the application 21 (21) 14 Application for the amendment of the register of plant varieties, except in a case where the plant breeders' rights are transferred to another person On making the application 3 (3) 15 Registration of title and amendment of the register of plant varieties on a transfer of plant breeders' rights or a share in such rights On making the application for registration 21 (21) 16 Inspection of the register of plant varieties or of a document in the possession of the Controller Before the inspection 1 (1) 17 Supplying copies of documents, per page Before the delivery of the copies 0.30 (0.30) 18 Supplying a duplicate of a document constituting evidence of a grant of plant breeders' rights or protective direction On ordering the duplicate 6 (6) 19 Purchase of a report from a testing authority in another country Within 14 days of demand by the Controller 140 (112) ” ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1987 by substituting a new Schedule for the Schedule to those Regulations (Regulation 2). The new Schedule prescribes an overall increase of fees for the matters for which fees were previously charged with the exception of renewal fees for rose varieties, which have been reduced and those fees of £21.00 or less which remain at their former levels. --- Source: https://www.legislation.gov.uk/uksi/1988/356 (the official version) Page: https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-1988 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.