The Plant Breeders' Rights (Fees) (Amendment) Regulations 1989

S.I. 1989/276 · Made 27 February 1989

PLANT BREEDERS' RIGHTS

Made 27th February 1989

Laid before Parliament 10th March 1989

Coming into force 1st April 1989

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), 36 and 38(1) of the Plant Varieties and Seeds Act 1964^f1 as extended to Northern Ireland^f2, 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^f3, 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^f4, hereby make the following Regulations:–

Annotations to the whole text

Footnotes

f1: 1964 c. 14; section 38(1) (as amended by S.I. 1978/272) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which these Regulations are made.
f2: By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).
f3: By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), to which there are amendments not relevant to these Regulations.
f4: 1971 c. 62.

1Title and commencement
2Amendment of principal Regulations
Signature
Schedule PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1987
Explanatory note

1Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.

2Amendment of principal Regulations

For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987^f1 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 24th February 1989.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

20th February 1989

Peter Walker

Secretary of State for Wales

21st February 1989

Tom King

Secretary of State for Northern Ireland

23rd February 1989

Douglas Hurd

Secretary of State for the Home

Department (being the Secretary of State concerned with matters relating to the Isle of Man)

20th February 1989

We approve,

David MacLean

Kenneth Carlisle

Two of the Lords Commissioners of Her Majesty’s Treasury

27th February 1989

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

Note(

(*)
) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 (S.I. 1989/276).

£ £(^f1)
1

A wheat (excluding durum wheat and spelt wheat) or barley variety

565 (540)
2

A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety

435 (415)
3

A maize variety

525 (500)
4

A field pea or field bean variety

340 (325)
5

Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety

205 (195)
6

Any other variety not mentioned above (including a decorative or fruit variety)

125 (120)

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

Note(

(*)
) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.

£ £(^f2)
1

A wheat (excluding durum wheat and spelt wheat), barley or maize variety

Tests in any one year 745 (710)
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 505 (480)
3

Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety

Tests in any one year 285 (270)
4

A year-round perennial chrysanthemum variety

Tests in each flowering season 235 (225)
5

A cymbidium variety

Each examination 235 (225)
6

Any other variety not mentioned above (including a decorative or fruit variety)

Tests in any one year 235 (225)

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 yearNew fee Old fee Sixth and each subsequent yearNew fee Old fee

Note(

(*)
) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.

£ £(^f3) £ £()
1

A wheat (excluding durum wheat and spelt wheat) or barley variety

495 (475) 660 (630)
2

A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety

350 (335) 595 (570)
3

Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety

205 (195) 265 (255)
4

A rose variety

100 (95) 130 (125)
5

Any other variety not mentioned above (including a decorative or fruit variety)

130 (125) 170 (160)

PART IV

fees payable in respect of other matters

Matter When payable Amount
New fee Old fee

Note(

(*)
) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.

£ £(^f4)
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

(b)

a variety referred to in item 5 in Part I of this Schedule

(c)

a variety referred to in item 6 in Part I of this Schedule

Before the issue of the document constituting evidence of the grant
155

145

95
(150)

(140)

(90)
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 (140)

”Xyalah

Plant variety	Amount
Note(
(*) ) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 (S.I. 1989/276).
	£	£(^f1)
1 A wheat (excluding durum wheat and spelt wheat) or barley variety	565	(540)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety	435	(415)
3 A maize variety	525	(500)
4 A field pea or field bean variety	340	(325)
5 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	205	(195)
6 Any other variety not mentioned above (including a decorative or fruit variety)	125	(120)

Plant variety	Tests or examination for which payable	Amount
Note(
(*) ) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.
		£	£(^f2)
1 A wheat (excluding durum wheat and spelt wheat), barley or maize variety	Tests in any one year	745	(710)
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	505	(480)
3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	Tests in any one year	285	(270)
4 A year-round perennial chrysanthemum variety	Tests in each flowering season	235	(225)
5 A cymbidium variety	Each examination	235	(225)
6 Any other variety not mentioned above (including a decorative or fruit variety)	Tests in any one year	235	(225)

Plant variety	Renewal fees during the years of the exercise of plant breeders' rights indicated below
Note(
(*) ) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.
	£	£(^f3)	£	£()
1 A wheat (excluding durum wheat and spelt wheat) or barley variety	495	(475)	660	(630)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety	350	(335)	595	(570)
3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	205	(195)	265	(255)
4 A rose variety	100	(95)	130	(125)
5 Any other variety not mentioned above (including a decorative or fruit variety)	130	(125)	170	(160)

Matter	When payable	Amount
Note(
(*) ) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.
		£	£(^f4)
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 (b) a variety referred to in item 5 in Part I of this Schedule (c) a variety referred to in item 6 in Part I of this Schedule	Before the issue of the document constituting evidence of the grant	155 145 95	(150) (140) (90)
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	(140)

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. The majority of fees payable in respect of other matters (Part IV of the Schedule), however, remain at their former levels.

Plant variety	Amount
New fee	Old fee
Note(
(*) ) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 (S.I. 1989/276).
	£	£(^f1)
1 A wheat (excluding durum wheat and spelt wheat) or barley variety	565	(540)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety	435	(415)
3 A maize variety	525	(500)
4 A field pea or field bean variety	340	(325)
5 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	205	(195)
6 Any other variety not mentioned above (including a decorative or fruit variety)	125	(120)

Plant variety	Renewal fees during the years of the exercise of plant breeders' rights indicated below
Second to fifth year – each yearNew fee	Old fee	Sixth and each subsequent yearNew fee	Old fee
Note(
(*) ) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989.
	£	£(^f3)	£	£()
1 A wheat (excluding durum wheat and spelt wheat) or barley variety	495	(475)	660	(630)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety	350	(335)	595	(570)
3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	205	(195)	265	(255)
4 A rose variety	100	(95)	130	(125)
5 Any other variety not mentioned above (including a decorative or fruit variety)	130	(125)	170	(160)