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Paragraph 2 I1

United Kingdom

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”.

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Section 9(5) was repealed in relation to England and Northern Ireland by S.I. 2005/2726 and in relation to Wales by S.I. 2006/1621.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.