Paragraph 2 I1
United Kingdom
In section 9 (farm saved seed)—
in subsection (3), after “liable”, insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders’ rights)”;
in subsection (4), for the words from “considered to be” to the end substitute “a small farmer for the purposes of this section”;
omit subsections (5)f1 and (6);
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.”;
omit subsection (12);
for “the Ministers” (in each place that expression occurs) substitute “the Department”.
Annotations
Textual amendments
- F1
Sch. 2 para. 2(za)(zb) inserted (15.12.2022) by The Plant Varieties and Seeds (Isle of Man) (Amendment) Order 2022 (S.I. 2022/1337), art. 1, Sch. para. 2(1)
- F2
Sch. 2 para. 2(aa)(ab) inserted (15.12.2022) by The Plant Varieties and Seeds (Isle of Man) (Amendment) Order 2022 (S.I. 2022/1337), art. 1, Sch. para. 2(2)
Commencement
- I1
Sch. 2 para. 2 in force at 1.8.2016, see art. 1
Footnotes
- f1
-
Section 9(5) was repealed in relation to England and Northern Ireland by S.I. 2005/2726 and in relation to Wales by S.I. 2006/1621. It remains in force in Scotland but its effect has been modified in relation to that jurisdiction by S.S.I. 2005/460.