# The Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 S.I. 1993/430 · made 2 March 1993 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 1992 ## Introductory text PLANT BREEDERS' RIGHTS Made 2nd March 1993 Laid before Parliament 10th March 1993 Coming into force 1st April 1993 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 8(1) of the Tribunals and Inquiries Act 1992, hereby make the following Regulations: ## 1 Title and commencement These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 and shall come into force on 1st April 1993. ## 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. ## 3 Revocation The Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 and the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 are revoked. ## Signature In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1993. L.S. John Selwyn Gummer Minister of Agriculture, Fisheries and Food Hector Monro Parliamentary Under Secretary of State, Scottish Office 17th February 1993 David Hunt Secretary of State for Wales 24th February 1993 Patrick Mayhew Secretary of State for Northern Ireland 22nd February 1993 Kenneth Clarke Secretary of State for the Home Department (being the Secretary of State concerned with matters relating to the Isle of Man) 2nd March 1993 We approve, Gregory Knight Tim Kirkhope Two of the Lords Commissioners of Her Majesty’s Treasury 22nd February 1993 ## 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 Plant Variety New fee Old fee £ £ Note (*) Note: The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 (S.I. 1990/618) as amended by the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) before the coming into force of the Plant Breeders'Rights (Fees) (Amendment) Regulations 1993 (S.I. 1993/430) on 1st April 1993. 1 A rose variety 50 (50) 2 A chrysanthemum variety 270 (260) 3 Any other decorative variety 135 (130) 4 Any other variety 270 (260) 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 Plant Variety New fee Old fee £ £ Note (*) Note: The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 as amended by the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 (S.I. 1993/430) on 1st April 1993. 1 A cereal (excluding maize) variety Tests in any one year 830 (800) 2 A maize variety Tests in any one year 515 (500) 3 A potato variety Tests in any one year 775 (750) 4 A beetroot, Brussels sprout, cabbage, celery, fenugreek, turnip or fodder variety Tests in any one year 725 (700) 5 A herbage variety Tests in any one year 515 (500) 6 A field pea, vegetable pea, field bean or broad bean variety Tests in any one year 620 (600) 7 An oil and fibre (including oilseed rape) variety Tests in any one year 515 (500) 8 A rose variety Tests in any one year 95 (90) 9 A year-round perennial chrysanthemum variety Tests in each flowering season 205 (200) 10 Any other chrysanthemum variety Tests in any one year 205 (200) 11 A cymbidium variety Each examination 260 (250) 12 A fruit variety Tests in any one year 205 (200) 13 Any other variety Tests in any one year 260 (250) PART III RENEWAL FEES Amount each year Plant Variety New fee Old fee £ £ Note (*) Note: The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 as amended by the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 (S.I. 1993/430) on 1st April 1993. 1 A rose variety 50 (50) 2 A chrysanthemum variety 325 (315) 3 Any other decorative variety 170 (165) 4 A vegetable variety (excluding a vegetable pea or broad bean variety) 165 (160) 5 A fruit variety 325 (315) 6 Any other variety (including a vegetable pea or broad bean variety) 435 (420) PART IV FEES PAYABLE IN RESPECT OF OTHER MATTERS Amount Matter When payable New fee Old fee £ £ Note (*) Note: The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 as amended by the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 (S.I. 1993/430) on 1st April 1993. 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 105 (100) (c) a variety referred to in item 2 or item 4 in Part I of this Schedule. 130 (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 165 (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. Most application, test, grant and renewal fees have been increased by approximately3½ per cent. The fee for the purchase of a report from a testing authority in another country has been increased to accord with the international charge of 350 Swiss Francs. Fees payable in respect of other matters remain unchanged. --- Source: https://www.legislation.gov.uk/uksi/1993/430 (the official version) Page: https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-1993 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.