Paragraph 2

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”;”;

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);”.