OpenLegislation

The Plant Breeders' Rights (Fees) (Amendment) Regulations 1999

S.I. 1999/1089 · Made 8 April 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. 1Title and commencement
  2. 2Amendment of the Plant Breeders' Rights (Fees) Regulations 1998
  3. Signature
  4. Schedule SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998
  5. 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 VarietyNew FeeOld 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.

1

A rose variety

75(70)
2

A chrysanthemum variety

275(260)
3

Any other decorative variety

135(130)
4

Any 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 VarietyTest or examination for which payableNew feeOld 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.

1

A cereal (excluding maize) variety

Tests in any one year745(710)
2

A maize variety

Tests in any one year455(435)
3

A potato variety

Tests in any one year695(660)
4

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

Tests in any one year645(615)
5

A carrot, curly kale, onion or radish variety

Tests in any one year645(615)
6

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

Tests in any one year555(530)
7

A herbage variety

Tests in any one year455(435)
8

An oil and fibre (including oilseed rape) variety

Tests in any one year455(435)
9

A sugar beet or fodder beet variety

Tests in any one year180(170)
10

A rose variety

Tests in any one year120(115)
11

A year-round perennial chrysanthemum variety

Tests in each flowering season185(175)
12

Any other chrysanthemum variety

Tests in any one year185(175)
13

A cymbidium variety

Each examination230(220)
14

A fruit variety

Tests in any one year185(175)
15

Any other variety

Tests in any one year230(220)

PART III

RENEWAL FEES

Amount each year
Plant VarietyNew standard feeNew reduced feeOld standard feeOld 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.

1

A rose variety

7035(70)(35)
2

A chrysanthemum variety

330170(315)(160)
3

Any other decorative variety

17590(165)(85)
4

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

17085(160)(80)
5

A fruit variety

330170(315)(160)
6

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

435220(415)(210)

PART IV

FEES PAYABLE IN RESPECT OF OTHER MATTERS

Amount
MatterWhen payableNew feeOld 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.

1

Application for a compulsory licence

On making the application60(55)
2

Application to extend, limit, vary or revoke a compulsory licence

On making the application60(55)
3

Making representations in writing to the Controller as provided in the Act or the principal Regulations

On delivering the representations30(30)
4

Attending to be heard by the Controller or by a person appointed by him for the purpose

Before the hearing60(55)
5

Grant 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 grant60(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)
6

Payment 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 fee30(30)
7

Application for the approval of a substituted name for a plant variety

On making the application30(30)
8

Amendment of the record of plant varieties on a transfer of plant breeders' rights

On making the application for amendment30(30)
9

Purchase of a report from a testing authority in another country

Within 14 days of demand by the Controller160(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.