# The Plant Breeders' Rights (Fees) (Amendment) Regulations 1992

S.I. 1992/438 · made 2 March 1992

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).

Made under: Plant Varieties and Seeds Act 1964 (Section 9, Section 36); Tribunals and Inquiries Act 1971 (repealed 1.10.1992)

## Introductory text

PLANT BREEDERS' RIGHTS
Made 2nd March 1992
Laid before Parliament 11th March 1992
Coming into force 1st April 1992
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 section 9(1) and 36 of the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland, 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 that Act 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 1992 and shall come into force on 1st April 1992.

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

For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990 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
18th February 1992.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
2nd March 1992
David Hunt
Secretary of State for Wales
28th February 1992
Peter Brooke
Secretary of State for Northern Ireland
28th February 1992
Kenneth Baker
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
2nd March 1992
We approve,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 1992

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

“SCHEDULE
FESS
Regulation 3(1)
PART I
FESS PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS
Amount
New Fee £
Old Fee £(*)
Plant Variety
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 1992 (S.I. 1992/438) on 1st April 1992.
1 A rose variety
50
(45)
2 A chrysanthemum variety
260
(250)
3 Any other decorative variety
130
(125)
4 Any other variety
260
(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
Amount
New fee £
Old Fee £(*)
Plant Variety
Test or examination for which payable
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 1992 (S.I. 1992/438) on 1st April 1992.
1 A cereal (excluding maize) variety
Tests in any one year
800
(800)
2 A maize variety
Tests in any one year
500
(500)
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 variety
Tests in any one year
500
(600)
6 A field pea, vegetable pea, field bean or broad bean variety
Tests in any one year
600
(600)
7 An oil and fibre (including oilseed rape) variety
Tests in any one year
500
(500)
8 A rose variety
Tests in any one year
90
(90)
9 A year-round perennial chrysanthemum variety
Tests in each flowering season
200
(200)
10 Any other chrysanthemum variety
Tests in any one year
200
(200)
11 A cymbidium variety
Each examination
250
(250)
12 A fruit variety
Tests in any one year
200
(200)
13 Any other variety
Tests in any one year
250
(250)
PART III
RENEWAL FEES
Amount each year
New fee £
Old fee £(*)
Plant Variety
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 1992 (S.I. 1992/438) on 1st April 1992.
1 A rose variety
50
(45)
2 A chrysanthemum variety
315
(300)
3 Any other decorative variety
165
(155)
4 A vegetable variety (excluding a vegetable pea or broad bean variety
160
(150)
5 A fruit variety
315
(400)
6 Any other variety (including a vegetable pea or broad bean variety)
420
(400)
PART IV
FEES PAYABLE IN RESPECT OF OTHER MATTERS
Amount
New fee £
Old fee £(*)
Matter
When payable
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 1992 (S.I. 1992/438) on 1st April 1992.
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 I 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
(140)
”

## 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.

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Source: https://www.legislation.gov.uk/uksi/1992/438 (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-1992
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.