# The Plant Breeders' Rights (Fees) (Amendment) Regulations 2002

S.I. 2002/1677 · made 27 June 2002

These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998. They prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997, including also matters arising under the Plant Breeders' Rights Regulations 1998 which are made under the 1997 Act (regulation 2 and the Schedule).

Made under: Plant Varieties Act 1997 (Section 29, Section 48)

PDFs: Printed copy https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-2002/pdf/uksi_20021677_en.pdf

## Introductory text

PLANT BREEDERS' RIGHTS
Made 27th June 2002
Laid before Parliament 2nd July 2002
Coming into force 23rd July 2002
The Secretary of State for Environment, Food and Rural Affairs, the National Assembly 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 1997, and now vested in them, and with the consent of the Scottish Ministers, after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, hereby make the following Regulations:

## 1 Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 2002 and shall come into force on 23rd July 2002.

## 2 Amendment of the Plant Breeders' Rights (Fees) Regulations 1998

For Schedule 1 to the Plant Breeders' Rights (Fees) Regulations 1998 there shall be substituted the Schedule set out in the Schedule to these Regulations.

## Signature

Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
27th June 2002
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
Presiding Officer
27th June 2002
John Reid
Secretary of State for Northern Ireland
20th June 2002
We consent.
Ross Finnie
A member of the Scottish Executive
13th June 2002

## 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 £(*)
1.
A rose variety
85
(80)
2.
A chrysanthemum variety
300
(285)
3.
Any other decorative variety
145
(140)
4.
Any other variety
300
(285)
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 2002 (S.I. 2002/1677) on 23rd July 2002.
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 £(*)
1.
A cereal (excluding maize) variety
Tests in any one year
815
(775)
2.
A maize variety
Tests in any one year
495
(470)
3.
A potato variety
Tests in any one year
755
(720)
4.
A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety
Tests in any one year
705
(670)
5.
A carrot, curly kale, onion or radish variety
Tests in any one year
705
(670)
6.
A field pea, vegetable pea, field bean or broad bean variety
Tests in any one year
605
(575)
7.
A herbage variety
Tests in any one year
495
(470)
8.
An oil and fibre (including oilseed rape) variety
Tests in any one year
495
(470)
9.
A sugar beet or fodder beet variety
Tests in any one year
195
(185)
10.
A rose variety
Tests in any one year
130
(125)
11.
A year-round perennial chrysanthemum variety
Tests in each flowering season
200
(190)
12.
Any other chrysanthemum variety
Tests in any one year
200
(190)
13.
A cymbidium variety
Each examination
250
(240)
14.
A fruit variety
Tests in any one year
200
(190)
15.
Any other variety
Tests in any one year
250
(240)
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 2002 (S.I. 2002/1677) on 23rd July 2002.
PART III
RENEWAL FEES
Amount each year
Plant Variety
New standard fee £
New reduced fee £
Old standard fee £(*)
Old reduced fee £(*)
1.
A rose variety
80
35
(75)
(35)
2.
A chrysanthemum variety
355
185
(340)
(175)
3.
Any other decorative variety
190
100
(180)
(95)
4.
A vegetable variety (excluding a vegetable pea or broad bean variety)
185
95
(175)
(90)
5.
A fruit variety
355
185
(340)
(175)
6.
Any other variety (including a vegetable pea or broad bean variety)
475
240
(450)
(230)
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 2002 (S.I. 2002/1677) on 23rd July 2002.
PART IV
FEES PAYABLE IN RESPECT OF OTHER MATTERS
Amount
Matter
When payable
New fee £
Old fee £(*)
1.
Application for a compulsory licence
On making the application
65
(60)
2.
Application to extend, limit, vary or revoke a compulsory licence
On making the application
65
(60)
3.
Making representations in writing to the Controller as provided in the Act or the principal Regulations
On delivering the representations
30
(30)
4.
Attending to be heard by the Controller or by a person appointed by him for the purpose
Before the hearing
65
(60)
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 grant
65
(60)
(b) a variety referred to in item 3 in Part I of this Schedule
130
(125)
(c) a variety referred to in item 2 or item 4 in Part I of this Schedule
160
(150)
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 fee
30
(30)
7.
Application for the approval of a substituted name for a plant variety
On making the application
30
(30)
8.
Amendment of the record of plant varieties on a transfer of plant breeders' rights
On making the application for amendment
30
(30)
9.
Purchase of a report from a testing authority in another country
Within 14 days of demand by the Controller
175
(165)
”
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 2002 (S.I. 2002/1677) on 23rd July 2002.

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998. They prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997, including also matters arising under the Plant Breeders' Rights Regulations 1998 which are made under the 1997 Act (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 in Parts I, II and III of the Schedule (other than reduced 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 in respect of items 1, 2, 4, 5(a), (b) and (c) and 9; all other fees in relation to items in Part IV 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 Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.

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Source: https://www.legislation.gov.uk/uksi/2002/1677 (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-fees-amendment-regulations-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.