{
  "url": "https://openlegislation.uk/plant-varieties-and-seeds-act-1964/schedule-1/paragraph-4",
  "json_url": "https://openlegislation.uk/plant-varieties-and-seeds-act-1964/schedule-1/paragraph-4.json",
  "legislation": "ukpga/1964/14",
  "legislation_title": "Plant Varieties and Seeds Act 1964",
  "legislation_url": "https://openlegislation.uk/plant-varieties-and-seeds-act-1964",
  "path": "schedule/1/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) If at any time the Controller is satisfied that there has been a breach of the undertaking given under paragraph 1 of this Schedule, he may refuse the application for the grant of plant breeders’ rights or, as the case may be, may terminate the period for which plant breeders’ rights are exercisable.\n(1A) An appeal shall lie to the Tribunal against a decision under this paragraph to terminate the period for which plant breeders’ rights are exercisable.\n(2) If there is a breach of an undertaking under paragraph 1 of this Schedule given by an applicant, the applicant shall be guilty of an offence and shall be liable on summary conviction—\n(a) in the case of a first offence under this sub-paragraph, to a fine not exceeding fifty poundslevel 3 on the standard scale, and\n(b) in the case of a second or subsequent offence under this sub-paragraph, to a fine not exceeding one hundred poundslevel 3 on the standard scale.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 para. 4(1A) inserted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words “level 3 on the standard scale” substituted (S.) for “fifty pounds” and “one hundred pounds” respectively by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 1 para. 4(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) and S.I. 1984/703 (N.I. 3), arts. 5 (substitution of references to levels on the standard scale), 6 (increase of fines), 9 (in relation to liability on first and subsequent convictions) apply"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1964/14/schedule/1/paragraph/4",
    "retrieved_at": "2026-10-29T10:59:55.729029+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}