OpenLegislation

The Plant Varieties and Seeds (Isle of Man) (Amendment) Order 2022

S.I. 2022/1337 · Made 14 December 2022

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 14th December 2022

Coming into force 15th December 2022

At the Court at Buckingham Palace, the 14th day of December

Present,

The King’s Most Excellent Majesty in Council

His Majesty, in exercise of the powers conferred on Him by sections 53(2) and (3) of the Plant Varieties Act 1997f1, is pleased, by and with the advice of His Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

1997 c. 66.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Plant Varieties and Seeds (Isle of Man) Order 2016
  3. Signature
  4. Schedule: Amendments to the Plant Varieties and Seeds (Isle of Man) Order 2016
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 3Paragraph 3
  8. 4Paragraph 4
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Plant Varieties and Seeds (Isle of Man) (Amendment) Order 2022 and comes into force on the day after the day on which it is made.

2Amendments to the Plant Varieties and Seeds (Isle of Man) Order 2016

The Plant Varieties and Seeds (Isle of Man) Order 2016f1 is amended in accordance with the Schedule to this Order.

Signature

Richard Tilbrook

Clerk of the Privy Council

1

Schedule 2 to the Plant Varieties and Seeds (Isle of Man) Order 2016 is amended as follows.

2

In paragraph 2—

(1)

before paragraph (a) insert—

“(za)

in subsection (3), after “liable”, insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders’ rights)”;

(zb)

in subsection (4), for the words from “considered to be” to the end substitute “a small farmer for the purposes of this section”;”;

(2)

after paragraph (a) insert—

“(aa)

for subsection (10) substitute—

“(10)

In this section, “small farmer” means—

(a)

in a case where the material referred to in subsection (3) is used for propagating potatoes, a farmer who grows potatoes in an area no bigger than that which would be needed to produce 185 tonnes of potatoes per harvest, and

(b)

in a case where material referred to in subsection (3) is used for propagating any other variety specified for the purpose of subsection (1), a farmer who grows that variety in an area no bigger than that which would be needed to produce 92 tonnes of cereals per harvest.”;

(ab)

omit subsection (12);”.

3

For paragraph 4 substitute—

“4.

In section 11 (duration)—

(a)

in subsection (2), for “The Ministers” substitute “The Department”;

(b)

omit subsection (3)(a).”.

4

After paragraph 12 insert—

“12A.

In section 38 (interpretation of Part 1), omit the definition of “the Council Regulation”.”.

Explanatory note

(This note is not part of the Order)

This Order amends the Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758) to make further modifications to the Plant Varieties Act 1997 (c. 66) (“the 1997 Act”) in its application to the Isle of Man.

The amendments made by this Order to the 1997 Act correspond to amendments made to that Act (as it has effect in the United Kingdom) by the Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204).

A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.