Introductory text

United Kingdom

PLANT BREEDERS' RIGHTS

Made 7th March 2006

Laid before Parliament 10th March 2006

Coming into force 31st March 2006

The Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales, acting jointly, make the following Regulations in exercise of the powers conferred by sections 18(1) and (2), 28, 29 and 48(1)(b) of the Plant Varieties Act 1997^f1 and now vested in them^f2, with the consent of the Scottish Ministers^f3 and the Department of Agriculture and Rural Development^f4.

In accordance with section 48(5) of that Act they have consulted with such organisations as appear to them to be representative of persons likely to be substantially affected by the following Regulations.

Annotations

Footnotes

f1: 1997 c. 66; see section 49(1) for the definition of “the Ministers”.
f2: By virtue of articles 2 and 4 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions of the Secretary of State for Wales under, inter alia, sections 18, 28 and 29 of the Plant Varieties Act 1997 and the functions of the Ministers under, inter alia, section 48 of that Act, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales and by virtue of article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) the remaining functions of the Secretary of State for Wales under the Plant Varieties Act 1997 were transferred to the Minister of Agriculture, Fisheries and Food. By virtue of article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) those functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties Act 1997 exercisable jointly with one or more named Secretaries of State were transferred to the Secretary of State for Environment, Food and Rural Affairs.
f3: By virtue of article 3 of, and paragraph 3 of Schedule 8 to, the Scotland Act 1998 (Cross-Border Public Authorities)(Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747), the Secretary of State for Scotland ceased to be among the “Ministers” who, acting jointly, may exercise any function under, inter alia, sections 18, 28, 29 and 48 of the Plant Varieties Act 1997 and such functions became exercisable only with the consent of the Scottish Ministers.
f4: By virtue of article 8(4) of the Northern Ireland Act 1998 (Modification of Enactments) Order 2002 (S.I. 2002/2843), the Secretary of State for Northern Ireland ceased to be among the “Ministers” who, acting jointly, may exercise any function under, inter alia, sections 18, 28, 29 and 48 of the Plant Varieties Act 1997 and such functions became exercisable only with the consent of the Department of Agriculture and Rural Development.