The Plant Breeders~ Rights (Fees) (Amendment) Regulations 1994

S.I. 1994/675 · Made 9 March 1994

PLANT BREEDERS' RIGHTS

Made 9th March 1994

Laid before Parliament 11th March 1994

Coming into force 1st April 1994

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 North ern Ireland, acting jointly, in exercise of the powers conferred on them by section s 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 8(1) of the Tribunals and Inquiries Act 1992^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.1978/272) for the definition of “the Ministers”, section 39(3)(a) 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: 1992 c. 53.

1Title and commencement
2Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
3Revocation
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 1994 and shall come into force on 1st April 1994.

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.

3Revocation

The Plant Breeders' Rights (Fees) (Amendment) Regulations 1993^f1 are revoked.

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

23rd February 1994.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

22nd February 1994

John Redwood

Secretary of State for Wales

7th March 1994

Patrick Mayhew

Secretary of State for Northern Ireland

9th March 1994

Michael Howard

Secretary of State for the Home

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

28th February 1994

We approve,

Andrew Mackay

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

23rd February 1994

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

Plant Variety Amount
New fee £ Old fee £^f1

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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.

1

A rose variety

45 (50)
2

A chrysanthemum variety

245 (270)
3

Any other decorative variety

120 (135)
4

Any other variety

245 (270)

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

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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.

1

A cereal (excluding maize) variety

Tests in any one year 665 (830)
2

A maize variety

Tests in any one year 410 (515)
3

A potato variety

Tests in any one year 620 (775)
4

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

Tests in any one year 580 (725)
5

A herbage variety

Tests in any one year 410 (515)
6

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

Tests in any one year 495 (620)
7

An oil and fibre (including oilseed rape) variety

Tests in any one year 410 (515)
8

A rose variety

Tests in any one year 75 (95)
9

A year-round perennial chrysanthemum variety season

Tests in each flowering 165 (205)
10

Any other chrysanthemum variety

Tests in any one year 165 (205)
11

A cymbidium variety

Each examination 210 (260)
12

A fruit variety

Tests in any one year 165 (205)
13

Any other variety

Tests in any one year 210 (260)

PART III

RENEWAL FEES

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

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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.

1

A rose variety

45 (50)
2

A chrysanthemum variety

295 (325)
3

Any other decorative variety

155 (170)
4

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

150 (165)
5

A fruit variety

295 (325)
6

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

390 (435)

PART IV

FEES PAYABLE IN RESPECT OF OTHER MATTERS

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

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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.

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 variety referred to in item 1 in Part I of this Schedule
35 (35)

a variety referred to in item 3 in Part I of this Schedule
105 (105)

a variety referred to in item 2 or item 4 in Part I of this Schedule
130 (130)
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 thefor registration register of plant varieties on a transfer of plant breeders' rights or a share in such rights.

On making the application 25 (25)
10

Purchase of a report from a testing authority in another country.

Within 14 days of demand by the Controller 165 (165)

”

Plant Variety	Amount
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
1 A rose variety	45	(50)
2 A chrysanthemum variety	245	(270)
3 Any other decorative variety	120	(135)
4 Any other variety	245	(270)

Plant Variety	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 as amended by the Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
1 A cereal (excluding maize) variety	Tests in any one year	665	(830)
2 A maize variety	Tests in any one year	410	(515)
3 A potato variety	Tests in any one year	620	(775)
4 A beetroot, Brussels sprout, cabbage, celery, fenugreek, turnip or fodder variety	Tests in any one year	580	(725)
5 A herbage variety	Tests in any one year	410	(515)
6 A field pea, vegetable pea, field bean or broad bean variety	Tests in any one year	495	(620)
7 An oil and fibre (including oilseed rape) variety	Tests in any one year	410	(515)
8 A rose variety	Tests in any one year	75	(95)
9 A year-round perennial chrysanthemum variety season	Tests in each flowering	165	(205)
10 Any other chrysanthemum variety	Tests in any one year	165	(205)
11 A cymbidium variety	Each examination	210	(260)
12 A fruit variety	Tests in any one year	165	(205)
13 Any other variety	Tests in any one year	210	(260)

Plant Variety	Amount each year
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
1 A rose variety	45	(50)
2 A chrysanthemum variety	295	(325)
3 Any other decorative variety	155	(170)
4 A vegetable variety (excluding a vegetable pea or broad bean variety)	150	(165)
5 A fruit variety	295	(325)
6 Any other variety (including a vegetable pea or broad bean variety)	390	(435)

Matter	When payable	Amount
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
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 variety referred to in item 1 in Part I of this Schedule		35	(35)
a variety referred to in item 3 in Part I of this Schedule		105	(105)
a variety referred to in item 2 or item 4 in Part I of this Schedule		130	(130)
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 thefor registration register of plant varieties on a transfer of plant breeders' rights or a share in such rights.	On making the application	25	(25)
10 Purchase of a report from a testing authority in another country.	Within 14 days of demand by the Controller	165	(165)

Explanatory note

(This note is not part of the Order)

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.

Application and renewal fees have been reduced by approximately 10 per cent. Test fees have been reduced by approximately 20 per cent. Fees payable in respect of other matters remain unchanged.

Plant Variety	Amount
	New fee £	Old fee £^f1
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
1 A rose variety	45	(50)
2 A chrysanthemum variety	245	(270)
3 Any other decorative variety	120	(135)
4 Any other variety	245	(270)

Plant Variety	Test or examination for which payable	Amount
		New fee £	Old fee £^f2
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
1 A cereal (excluding maize) variety	Tests in any one year	665	(830)
2 A maize variety	Tests in any one year	410	(515)
3 A potato variety	Tests in any one year	620	(775)
4 A beetroot, Brussels sprout, cabbage, celery, fenugreek, turnip or fodder variety	Tests in any one year	580	(725)
5 A herbage variety	Tests in any one year	410	(515)
6 A field pea, vegetable pea, field bean or broad bean variety	Tests in any one year	495	(620)
7 An oil and fibre (including oilseed rape) variety	Tests in any one year	410	(515)
8 A rose variety	Tests in any one year	75	(95)
9 A year-round perennial chrysanthemum variety season	Tests in each flowering	165	(205)
10 Any other chrysanthemum variety	Tests in any one year	165	(205)
11 A cymbidium variety	Each examination	210	(260)
12 A fruit variety	Tests in any one year	165	(205)
13 Any other variety	Tests in any one year	210	(260)

Plant Variety	Amount each year
	New fee £	Old fee £^f3
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
1 A rose variety	45	(50)
2 A chrysanthemum variety	295	(325)
3 Any other decorative variety	155	(170)
4 A vegetable variety (excluding a vegetable pea or broad bean variety)	150	(165)
5 A fruit variety	295	(325)
6 Any other variety (including a vegetable pea or broad bean variety)	390	(435)

Matter	When payable	Amount
		New fee £	Old fee £^f4
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 1993 (S.I.1993/430) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 (S.I.1994/ ) on 1st April 1994.
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 variety referred to in item 1 in Part I of this Schedule		35	(35)
a variety referred to in item 3 in Part I of this Schedule		105	(105)
a variety referred to in item 2 or item 4 in Part I of this Schedule		130	(130)
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 thefor registration register of plant varieties on a transfer of plant breeders' rights or a share in such rights.	On making the application	25	(25)
10 Purchase of a report from a testing authority in another country.	Within 14 days of demand by the Controller	165	(165)