The Plant Breeders' Rights (Fees) (Amendment) Regulations 1999
S.I. 1999/1089 · Made 8 April 1999
PLANT BREEDERS' RIGHTS
Made 8th April 1999
Laid before Parliament 8th April 1999
Coming into force 30th April 1999
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 29(1) and (2) and 48(1) of the Plant Varieties Act 1997f1, after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, hereby make the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1997 c. 66; see section 49(1) for the definition of “the Ministers”.
Contents
- 1Title and commencement
- 2Amendment of the Plant Breeders' Rights (Fees) Regulations 1998
- Signature
- Schedule SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998
- Explanatory note
1Title and commencement
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 and shall come into force on 30th April 1999.
2Amendment of the Plant Breeders' Rights (Fees) Regulations 1998
For Schedule 1 to the Plant Breeders' Rights (Fees) Regulations 1998f1 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signature
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
1st April 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
1st April 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th April 1999
Paul Murphy
Minister of State, Northern Ireland Office
8th April 1999
SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998
“SCHEDULE 1
FEES
Regulation 3
PART I
FEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS
Amount Plant Variety New Fee Old Fee £ £f1 Note: (*)The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I. 1999/1089) on 30th April 1999.
1A rose variety
75 (70) 2A chrysanthemum variety
275 (260) 3Any other decorative variety
135 (130) 4Any other variety
275 (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
Amount Plant Variety Test or examination for which payable New fee Old fee £ £f2 Note: (*)The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I. 1999/1089) on 30th April 1999.
1A cereal (excluding maize) variety
Tests in any one year 745 (710) 2A maize variety
Tests in any one year 455 (435) 3A potato variety
Tests in any one year 695 (660) 4A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety
Tests in any one year 645 (615) 5A carrot, curly kale, onion or radish variety
Tests in any one year 645 (615) 6A field pea, vegetable pea, field bean or broad bean variety
Tests in any one year 555 (530) 7A herbage variety
Tests in any one year 455 (435) 8An oil and fibre (including oilseed rape) variety
Tests in any one year 455 (435) 9A sugar beet or fodder beet variety
Tests in any one year 180 (170) 10A rose variety
Tests in any one year 120 (115) 11A year-round perennial chrysanthemum variety
Tests in each flowering season 185 (175) 12Any other chrysanthemum variety
Tests in any one year 185 (175) 13A cymbidium variety
Each examination 230 (220) 14A fruit variety
Tests in any one year 185 (175) 15Any other variety
Tests in any one year 230 (220) PART III
RENEWAL FEES
Amount each year Plant Variety New standard fee New reduced fee Old standard fee Old reduced fee £ £ £f3 £ Note: (*)The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I. 1999/1089) on 30th April 1999.
1A rose variety
70 35 (70) (35) 2A chrysanthemum variety
330 170 (315) (160) 3Any other decorative variety
175 90 (165) (85) 4A vegetable variety (excluding a vegetable pea or broad bean variety)
170 85 (160) (80) 5A fruit variety
330 170 (315) (160) 6Any other variety (including a vegetable pea or broad bean variety)
435 220 (415) (210) PART IV
FEES PAYABLE IN RESPECT OF OTHER MATTERS
Amount Matter When payable New fee Old fee £ £f4 Note: (*)The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I. 1999/1089) on 30th April 1999.
1Application for a compulsory licence
On making the application 60 (55) 2Application to extend, limit, vary or revoke a compulsory licence
On making the application 60 (55) 3Making representations in writing to the Controller as provided in the Act or the principal Regulations
On delivering the representations 30 (30) 4Attending to be heard by the Controller or by a person appointed by him for the purpose
Before the hearing 60 (55) 5Grant of plant breeders' rights in–
(a)a variety referred to in item 1 in Part I of this Schedule
Before the issue of the plant breeders' certificate constituting evidence of the grant 60 (55) (b)a variety referred to in item 3 in Part I of this Schedule
120 (115) (c)a variety referred to in item 2 or item 4 in Part I of this Schedule
145 (140) 6Payment of a renewal fee after the expiration of 7 days from the date when it fell due (having regard to any extension granted under these Regulations)
On payment of the renewal fee 30 (30) 7Application for the approval of a substituted name for a plant variety
On making the application 30 (30) 8Amendment of the record of plant varieties on a transfer of plant breeders' rights
On making the application for amendment 30 (30) 9Purchase of a report from a testing authority in another country
Within 14 days of demand by the Controller 160 (150) ”
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998 so as to prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997 or the Plant Breeders' Rights Regulations 1998 (regulation 2 and the Schedule).
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 come into force are printed in italics beside the revised fees.
Application, test and renewal fees (other than renewal fees for roses which remain unchanged) have been increased by 5 per cent., rounded to the nearest £5. Grant and other fees in Part IV of the Schedule have been similarly increased apart from the fees for items 3, 6, 7 and 8 which remain unchanged.
A Regulatory Impact Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.