The Plant Breeders' Rights (Fees) (Amendment) Regulations 1991

S.I. 1991/655 · Made 12 March 1991

PLANT BREEDERS' RIGHTS

Made 12th March 1991

Laid before Parliament 22nd March 1991

Coming into force 12th April 1991

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 9(1) and 36 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 that Act 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; see section 38(1) (as amended by S.I. 19781272) for the definition of “the Ministers”, section 39(3)(a)(ii) for an extension to include the Secretary of State concerned with agriculture in Northern Ireland and the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), to which there are amendments not relevant to these Regulations, for the substitution of a definition of the Ministers including the Secretary of State concerned with matters relating to the Isle of Man.
f2: 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.
f4: 1971 c. 62.

1Title and commencement
2Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
Signature
Schedule PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1990
Explanatory note

1Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 and shall come into force on 12th April 1991.

2Amendment of the Plant Breeders' Rights (Fees) Regulations 1990

For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990^f1 there shall be substituted the Schedule 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

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

7th March 1991.

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

5th March 1991

David Hunt

Secretary of State for Wales

6th March 1991

Peter Brooke

Secretary of State for Northern Ireland

8th March 1991

Kenneth Baker

Secretary of State for the Home

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

5th March 1991

We approve,

Thomas Sackville

Gregory Knight

Two of the Lords Commissioners of Her Majesty’s Treasury

12th March 1991

PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1990

“SCHEDULE

FEES

Regulation 3(1)

PART I

FEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

Amount
New fee Old fee
Plant variety £ £^f1

Note:
(*)
The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 (S.I. 1990/618) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.

1

A rose variety

45 (45)
2

A chrysanthemum variety

250 (250)
3

Any other decorative variety

125 (125)
4

Any other variety

250 (250)

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

Test or examination for which payable Amount
New fee Old fee
Plant variety £ £^f2

Note:
(*)
The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.

1

A cereal (excluding maize) variety

Tests in any one year 800 (850 or 900)
2

A maize variety

Tests in any one year 500 (850)
3

A potato variety

Tests in any one year 750 (750)
4

A beetroot, Brussels sprout, cabbage, celery, fenugreek, turnip or fodder variety

Tests in any one year 700 (700)
5

A herbage, field pea, vegetable pea, field bean or broad bean variety

Tests in any one year 600 (700 or 800)
6

An oil and fibre (including oilseed rape) variety

Tests in any one year 500 (700 or 750)
7

A rose variety

Tests in any one year 90 (90)
8

A year-round perennial chrysanthemum variety season

Tests in each flowering season 200 (250)
9

Any other chrysanthemum variety

Tests in any one year 200 (250)
10

A cymbidium variety

Each examination 250 (250)
11

A fruit variety

Tests in any one year 200 (250)
12

Any other variety

Tests in any one year 250 (250 or 700)

PART III

RENEWAL FEES

Amount each year
New fee Old fee
Plant variety £ £^f3

Note:
(*)
The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.

1

A rose variety

45 (45)
2

A chrysanthemum variety

300 (300)
3

Any other decorative variety

155 (155)
4

A vegetable variety (excluding a vegetable pea or broad bean variety)

150 (400)
5

Any other variety (including a vegetable pea or broad bean variety)

400 (400)

PART IV

FEES PAYABLE IN RESPECT OF OTHER MATTERS

When payable Amount
New fee Old fee
Matter £ £^f4

Note:
(*)
The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.

1

Application for a compulsory licence

On making the application 50 (50)
2

Application to extend, limit, vary or revoke a compulsory licence

On making the application 50 (50)
3

Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders' rights or to revoke or terminate any extension of such rights

On delivering the representations 25 (25)
4

Attending to be heard by the Controller or by a person appointed by him for the purpose

Before the hearing 50 (50)
5

Grant of plant breeders' rights in—

Before the issue of the document constituting evidence of the grant
(a)

a variety referred to in item 1 in Part 1 of this Schedule

35 (35)
(b)

a variety referred to in item 3 in Part I of this Schedule

100 (100)
(c)

a variety referred to in item 2 or item 4 in Part I of this Schedule

125 (125)
6

Giving a protective direction

Before the issue of the document constituting evidence of the giving of the protective direction 25 (25)
7

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 25 (25)
8

Application for the approval of a substituted name for a plant variety

On making the application 25 (25)
9

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 25 (25)
10

Purchase of a report from a testing authority in another country

Within 14 days of demand by the Controller 140 (135)

”

	Amount
Note:
(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 (S.I. 1990/618) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.
1 A rose variety	45	(45)
2 A chrysanthemum variety	250	(250)
3 Any other decorative variety	125	(125)
4 Any other variety	250	(250)

	Test or examination for which payable	Amount
Note:
(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.
1 A cereal (excluding maize) variety	Tests in any one year	800	(850 or 900)
2 A maize variety	Tests in any one year	500	(850)
3 A potato variety	Tests in any one year	750	(750)
4 A beetroot, Brussels sprout, cabbage, celery, fenugreek, turnip or fodder variety	Tests in any one year	700	(700)
5 A herbage, field pea, vegetable pea, field bean or broad bean variety	Tests in any one year	600	(700 or 800)
6 An oil and fibre (including oilseed rape) variety	Tests in any one year	500	(700 or 750)
7 A rose variety	Tests in any one year	90	(90)
8 A year-round perennial chrysanthemum variety season	Tests in each flowering season	200	(250)
9 Any other chrysanthemum variety	Tests in any one year	200	(250)
10 A cymbidium variety	Each examination	250	(250)
11 A fruit variety	Tests in any one year	200	(250)
12 Any other variety	Tests in any one year	250	(250 or 700)

	Amount each year
Note:
(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.
1 A rose variety	45	(45)
2 A chrysanthemum variety	300	(300)
3 Any other decorative variety	155	(155)
4 A vegetable variety (excluding a vegetable pea or broad bean variety)	150	(400)
5 Any other variety (including a vegetable pea or broad bean variety)	400	(400)

	When payable	Amount
Note:
(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.
1 Application for a compulsory licence	On making the application	50	(50)
2 Application to extend, limit, vary or revoke a compulsory licence	On making the application	50	(50)
3 Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders' rights or to revoke or terminate any extension of such rights	On delivering the representations	25	(25)
4 Attending to be heard by the Controller or by a person appointed by him for the purpose	Before the hearing	50	(50)
5 Grant of plant breeders' rights in—	Before the issue of the document constituting evidence of the grant
(a) a variety referred to in item 1 in Part 1 of this Schedule		35	(35)
(b) a variety referred to in item 3 in Part I of this Schedule		100	(100)
(c) a variety referred to in item 2 or item 4 in Part I of this Schedule		125	(125)
6 Giving a protective direction	Before the issue of the document constituting evidence of the giving of the protective direction	25	(25)
7 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	25	(25)
8 Application for the approval of a substituted name for a plant variety	On making the application	25	(25)
9 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	25	(25)
10 Purchase of a report from a testing authority in another country	Within 14 days of demand by the Controller	140	(135)

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).

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.

	Amount
	New fee	Old fee
Plant variety	£	£^f1
Note:
(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 (S.I. 1990/618) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.
1 A rose variety	45	(45)
2 A chrysanthemum variety	250	(250)
3 Any other decorative variety	125	(125)
4 Any other variety	250	(250)

	When payable	Amount
		New fee	Old fee
Matter		£	£^f4
Note:
(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 (S.I. 1991/655) on 12th April 1991.
1 Application for a compulsory licence	On making the application	50	(50)
2 Application to extend, limit, vary or revoke a compulsory licence	On making the application	50	(50)
3 Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders' rights or to revoke or terminate any extension of such rights	On delivering the representations	25	(25)
4 Attending to be heard by the Controller or by a person appointed by him for the purpose	Before the hearing	50	(50)
5 Grant of plant breeders' rights in—	Before the issue of the document constituting evidence of the grant
(a) a variety referred to in item 1 in Part 1 of this Schedule		35	(35)
(b) a variety referred to in item 3 in Part I of this Schedule		100	(100)
(c) a variety referred to in item 2 or item 4 in Part I of this Schedule		125	(125)
6 Giving a protective direction	Before the issue of the document constituting evidence of the giving of the protective direction	25	(25)
7 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	25	(25)
8 Application for the approval of a substituted name for a plant variety	On making the application	25	(25)
9 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	25	(25)
10 Purchase of a report from a testing authority in another country	Within 14 days of demand by the Controller	140	(135)