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The Plant Varieties and Seeds (Isle of Man) Order 2016

S.I. 2016/758 · Made 13 July 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 15 December 2022.

Plant Breeders’ Rights

Made 13th July 2016

Coming into force 1st August 2016

At the Court at Buckingham Palace, the 13th day of July 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 40 of the Plant Varieties and Seeds Act 1964f1 and sections 53(2) and (3) of the Plant Varieties Act 1997f2, by and with the advice of Her Privy Council, orders as follows—

Annotations to the whole text

Footnotes

f1

1964 c. 14.

f2

1997 c. 66.

Contents

  1. 1Citation and commencement
  2. 2Extension of the Plant Varieties and Seeds Act 1964 to the Isle of Man
  3. 3Extension of the Plant Varieties Act 1997 to the Isle of Man
  4. 4Revocations
  5. Signature
  6. Schedule 1: Exceptions, adaptations and modifications in the extension of Parts 2 to 4 of the Plant Varieties and Seeds Act 1964 to the Isle of Man
  7. Part 1: Exceptions, adaptations and modifications to Part 2
  8. 1Paragraph 1
  9. 2Paragraph 2
  10. 3Paragraph 3
  11. 4Paragraph 4
  12. 5Paragraph 5
  13. 6Paragraph 6
  14. 7Paragraph 7
  15. 8Paragraph 8
  16. 9Paragraph 9
  17. Part 2: Exceptions, adaptations and modifications to Part 3
  18. 10Paragraph 10
  19. 11Paragraph 11
  20. Part 3: Exceptions, adaptations and modifications to Part 4
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. Schedule 2: Modifications in the extension of the Plant Varieties Act 1997 to the Isle of Man
  25. 1Paragraph 1
  26. 2Paragraph 2
  27. 3Paragraph 3
  28. 4Paragraph 4
  29. 5Paragraph 5
  30. 6Paragraph 6
  31. 7Paragraph 7
  32. 8Paragraph 8
  33. 9Paragraph 9
  34. 10Paragraph 10
  35. 11Paragraph 11
  36. 12Paragraph 12
  37. 12AParagraph 12A
  38. 13Paragraph 13
  39. 14Paragraph 14
  40. 15Paragraph 15
  41. 16Paragraph 16
  42. 17Paragraph 17
  43. 18Paragraph 18
  44. 19Paragraph 19
  45. 20Paragraph 20
  46. 21Paragraph 21
  47. 22Paragraph 22
  48. 23Paragraph 23
  49. 24Paragraph 24
  50. 25Paragraph 25
  51. Explanatory note

1Citation and commencementI1

This Order may be cited as the Plant Varieties and Seeds (Isle of Man) Order 2016 and shall come into force on 1st August 2016.

2Extension of the Plant Varieties and Seeds Act 1964 to the Isle of ManI1

(1)

The provisions of the Plant Varieties and Seeds Act 1964 specified in paragraph (2) extend to the Isle of Man subject to the exceptions, adaptations and modifications specified in Schedule 1 to this Order.

(2)

The provisions referred to in paragraph (1) are—

(a)

in Part 2, sections 16 to 19 and 24 to 30f1;

(b)

in Part 3, section 33 and Schedule 7; and

(c)

in Part 4, sections 34 to 36, 38 and 41(1)f2.

3Extension of the Plant Varieties Act 1997 to the Isle of ManI1

The Plant Varieties Act 1997f1 extends to the Isle of Man subject to the modifications specified in Schedule 2 to this Order.

4RevocationsI1

The following are revoked—

(a)

the Plant Varieties and Seeds (Isle of Man) Order 1969f1;

(b)

the Plant Varieties and Seeds (Isle of Man) Order 1987f2.

Signature

Ceri King

Deputy Clerk of the Privy Council

1I1

(1)

Section 16 (seeds regulations)f1 is modified as follows.

(2)

Throughout the section—

(a)

for “the Minister” substitute “the Department”;

(b)

for “him” substitute “it”.

(3)

In subsection (1) omit “by statutory instrument”.

(4)

In subsection (7)(b) for “level 5 on the standard scale” substitute “£5,000”.

(5)

Omit subsections (3)(i), (5)(b), (6) and (8).

2I1

Omit section 17(6) (Scottish contracts for the sale of seeds).

3I1

(1)

Section 24 (official testing stations and certificates of test) is modified as follows.

(2)

For subsection (1) substitute—

“(1)

Testing of seeds must take place at a testing station maintained in the United Kingdom by—

(a)

the Secretary of State;

(b)

the Scottish Ministers; or

(c)

the Department of Agriculture and Rural Development in Northern Ireland.”.

(3)

Omit subsections (2) and (3).

(4)

For subsection (4) substitute—

“(4)

The fees payable for the services given at an official seed testing station shall be those authorised under this subsection as it has effect in the part of the United Kingdom in which the official seed testing station is situated.”.

(5)

In subsection (6)—

(a)

omit “or complaint”;

(b)

omit the words following “be called as a witness”.

(6)

In subsection (7)—

(a)

omit “or complaint”;

(b)

for “at least three clear days” substitute “at least 14 days”;

(c)

omit “or, in Scotland, the case proceeds to trial”.

4I1

(1)

Section 25 (powers of entry)f1 is modified as follows.

(2)

In subsections (3), (4) and (6) after “the Minister” insert “or the Department”.

(3)

In subsections (7) and (9) for “level 3 on the standard scale” substitute “£1,000”.

5I1

In section 26(6) (the summons and evidence regarding samples in criminal proceedings)f1 omit —

(a)

“or complaint” (in both places);

(b)

“and, in Scotland, the case shall not proceed to trial,”.

6I1

In section 27(1) (the offence of tampering with samples)f1 for “level 5 on the standard scale” substitute “£5,000”.

7I1

(1)

Section 28 (institution of criminal proceedings)f1 is modified as follows.

(2)

In subsection(1) for the words preceding “where a part of a sample” substitute—“Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald) (limitation of time)f2,”.

(3)

In subsection (2) for “the said section 127(1) or 23” substitute “the said section 75(1)”.

(4)

In subsection (2A) for the words preceding “proceedings for contravening” substitute “Notwithstanding anything in the said section 75(1),”.

8I1

(1)

Section 29 (application of Part 2 to seed potatoes)f1 is modified as follows.

(2)

In subsection (2)—

(a)

omit the words preceding “seeds regulations”;

(b)

after “on a Minister” insert “or the Department”;

(c)

for “at any such station” substitute “at any station maintained by the appropriate authority”.

(3)

Omit subsection (3).

(4)

For subsection (4) substitute—

“(4)

In this section “the appropriate authority” means the Forestry Commissioners.”.

9I1

In section 30(1) (definitions in Part 2), in the definition of “authorised officer”, after “the Minister” (in both places that expression occurs) insert “or the Department”.

10I1

(1)

Section 33 (measures to prevent injurious cross-pollination affecting crops of seeds)f1 is modified as follows.

(2)

In subsection (2)—

(a)

for “The Minister” substitute “The Department”;

(b)

for “any part of Great Britain” substitute “the Isle of Man”;

(c)

for “if he is satisfied” substitute “if it is satisfied”.

(3)

In subsection (3)—

(a)

in paragraph (a) for “the Minister” substitute “the Department”;

(b)

for paragraph (b) substitute—

“(b)

may be varied or revoked by a subsequent order.”.

(4)

In subsections (5) and (8) for “the Minister” (in each place that expression occurs) substitute “the Department”.

(5)

In subsection (6)—

(a)

for “the Minister” (in each place that expression occurs) substitute “the Department”;

(b)

for “as appears to him” substitute “as appears to it”.

(6)

In subsection (7) for “level 3 on the standard scale” (in each place that expression occurs) substitute “£1,000”.

(7)

In subsection (10) for “level 1 on the standard scale” substitute “£200”.

11I1

In Schedule 7 (cross-pollination injuring protected crops) for “the Minister” (in each place that expression occurs) substitute “the Department”.

12I1

Omit section 35(2) (which extends jurisdiction in criminal proceedings under the Plant Varieties and Seeds Act 1964 in Great Britain).

13I1

(1)

Section 36 (supplemental provision as to regulations) is modified as follows.

(2)

Renumber the existing text as subsection (1) of the section.

(3)

In subsection (1)(b) for “the Minister or Ministers” substitute “the Department or the Ministers”.

(4)

After subsection (1) insert—

“(2)

Regulations made by the Department must be approved by Tynwald before coming into operation.”.

14I1

In section 38(1) (definitions)f1 immediately before the definition of “the Minister” insert—

  • ““the Department” means the Department of Environment, Food and Agriculture of the Isle of Man;”.

1I1

In section 6(6)(a) (the making of regulations about protected varieties) for “the Ministers” substitute “the Department”.

2I1

In section 9 (farm saved seed)—

F1(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”;

(a)

omit subsections (5)f1 and (6);

F2(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);

(b)

for “the Ministers” (in each place that expression occurs) substitute “the Department”.

3I1

In section 10(1)(a) (circumstances to which plant breeders’ rights do not extend) after “the United Kingdom” insert “or the Isle of Man”.

4F1

In section 11 (duration)—

(a)

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

(b)

omit subsection (3)(a).

5I1

In section 14(5) (regulations about presumptions in proceedings relating to harvested material) for “the Ministers” substitute “the Department”.

6I1

In section 15(6) (regulations about presumptions in proceedings relating to products made from harvested material) for “the Ministers” substitute “the Department”.

7I1

In section 17 (compulsory licences) at the end add—

“(10)

If the Controller grants, varies or revokes a licence under this section, he shall notify the Department.”.

8I1

(1)

Section 19 (duty to use registered name) is modified as follows.

(2)

In subsection (4) for “level 3 on the standard scale” substitute “£1,000”.

(3)

At the end add—

“(6)

In subsection (3) the reference to the Trade Marks Act 1994f1 includes a reference to that Act as extended to the Isle of Manf2.”.

9I1

In section 31(1) (offence of giving false information) for “level 3 on the standard scale” substitute “£1,000”.

10I1

In section 32(1) (offence of making false representation as to plant breeders’ rights) for “level 3 on the standard scale” substitute “£1,000”.

11I1

Omit section 36(2) (offences committed by Scottish partnerships).

12I1

Omit section 37 (jurisdiction in relation to offences in the United Kingdom).

12AF1

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

13I1

(1)

Section 41 (varieties of recent creation) is modified as follows.

(2)

In subsection (1)—

(a)

for “comes into force” substitute “applies to the Isle of Man”;

(b)

in paragraphs (a) and (b) for “the coming into force of this Part of this Act” substitute “the application of this Part of this Act to the Isle of Man”.

(3)

In subsection (2) for “comes into force” substitute “applies to the Isle of Man”.

(4)

In subsection (4) after “the United Kingdom” insert “or the Isle of Man”.

14I1

(1)

Section 43 (jurisdiction under arbitration agreements) is modified as follows.

(2)

Omit subsection (3).

(3)

For subsection (4) substitute—

“(4)

In the application of this section to the Isle of Man, “arbitration agreement” has the same meaning as in Part 1 of the Arbitration Act 1976 (an Act of Tynwald)f1.”.

15I1

(1)

Section 48 (regulations and orders) is modified as follows.

(2)

In subsection (1) after “the Ministers” (in both places that expression occurs) insert “or the Department”.

(3)

For subsection (2) substitute—

“(2)

Any regulations or order under this Act made by the Department must be approved by Tynwald before coming into operation.”.

(4)

Omit subsections (3), (4) and (6).

16I1

In section 49(1) (definitions) after the definition of “the Controller” insert—

  • ““the Department” means the Department of Environment, Food and Agriculture of the Isle of Man;”.

17I1

(1)

Section 50 (receipts) is modified as follows.

(2)

Renumber the existing text as subsection (1) of the section.

(3)

At the end add—

“(2)

Any fees received by virtue of this Act by the Department form part of the General Revenue of the Isle of Man.”.

18I1

Omit section 51 (consequential amendments).

19I1

For section 52 (repeals) substitute—

“Repeal

52.

The Seeds Act 1921f1 and the Seeds (Amendment) Act 1939f2 (both Acts of Tynwald) are repealed.”.

20I1

Omit section 53 (extent).

21I1

In section 54 omit subsections (2) to (4) (the commencement of the Act in the United Kingdom).

22I1

In paragraph 4 of Schedule 1 (proof of documents in proceedings under the Act) omit “, or in Scotland sufficient evidence,”.

23I1

(1)

Schedule 2 (conditions for the grant of plant breeders’ rights)f1 is modified as follows.

(2)

In paragraph 4(2) and (3) (circumstances in which a variety is deemed new) after “the United Kingdom” insert “or the Isle of Man”.

(3)

In paragraph 6(2)(c) (orders designating countries or territories for the purposes of parallel applications for rights) for “the Ministers” substitute “the Department”.

24I1

(1)

Schedule 3 (the Plant Varieties and Seeds Tribunal)f1 applies to proceedings from the Isle of Man, as it applies to proceedings in England, and is modified as follows.

(2)

Omit paragraphs 3 and 4 (appointment of a chairman of the Tribunal in Scotland and in Northern Ireland).

(3)

In paragraph 5 (term of appointment of a chairman of the Tribunal)—

(a)

omit sub-paragraph (1A);

(b)

in sub-paragraph (5) omit “or 3”;

(c)

for “paragraph 2, 3 or 4” (in each place that expression occurs) substitute “paragraph 2”.

(4)

In paragraph 6 (deputy chairman) for “paragraph 2, 3 or 4” (in each place that expression occurs) substitute “paragraph 2”.

(5)

In paragraph 9 (sittings of the Tribunal) for the words following “brought before them” substitute “from the Isle of Man, sit anywhere in England”.

(6)

In paragraph 11 (costs)—

(a)

in sub-paragraph (1) omit the words “or Northern Ireland”;

(b)

omit sub-paragraph (3).

(7)

Omit paragraph 12 (expenses in Scotland).

(8)

In paragraph 16 (interpretation) omit paragraphs (b) and (c) of the definitions of “appointing authority” and “relevant chairman”.

25I1

Omit Schedule 4 (repeals).

Explanatory note

(This note is not part of the Order)

This Order extends provisions of the Plant Varieties and Seeds Act 1964 (c. 14) and the Plant Varieties Act 1997 (c. 66) to the Isle of Man with exceptions, adaptations and modifications. The Order supersedes the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829) and the Plant Varieties and Seeds (Isle of Man) Order 1987 (S.I. 1987/2210), both of which are revoked.

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