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

S.I. 1994/675 · made 9 March 1994

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; Tribunals and Inquiries Act 1992

## Introductory text

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 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 1994 and shall come into force on 1st April 1994.

## 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 1993 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 £
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 £
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 £
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 £
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.

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Source: https://www.legislation.gov.uk/uksi/1994/675 (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-1994
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.