The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997
S.I. 1997/383 · Made 17 February 1997
SEEDS
Made 17th February 1997
Laid before Parliament 20th February 1997
Coming into force 1st April 1997
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964f1 as extended to Northern Irelandf2 and of all other powers enabling them in that behalf, after consultation with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of that Act, hereby make the following Regulations:
Annotations to the whole text
Footnotes
- f1
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1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.
- f2
Contents
- 1Title and commencement
- 2Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
- Signature
- Schedule SCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994
- Explanatory note
1Title and commencement
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
The Seeds (National Lists of Varieties) (Fees) Regulations 1994f1 shall be amended as follows—
in regulation 3 (payment of fees)—
in paragraph (1), in the first line for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraph (2)”;
paragraph (3) shall be omitted; and
for the Schedules there shall be substituted the Schedules set out in the Schedule to these Regulations.
Signature
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
14th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th February 1997
Denton
Parliamentary Under Secretary of State, Northern Ireland Office
13th February 1997
SCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994
“SCHEDULE 1
FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY IN A NATIONAL LIST
Regulation 3(1)(a)
Plant variety Amount New fee Old fee £ £f1 The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 (S.I. 1997/383) on 1st April 1997.
1. Any variety 250 (245) SCHEDULE 2
FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST
Regulation 3(1)(b)
Plant variety Amount New fee Old fee £ £f2 The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 (S.I. 1997/383) on 1st April 1997.
1. A cereal (excluding maize) variety 685 (665) 2. A maize variety 420 (410) 3. A potato variety 640 (620) 4. A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety 595 (580) 5. A field pea, vegetable pea, field bean or broad bean variety 510 (495) 6. A herbage variety 420 (410) 7. An oil and fibre (including oilseed rape) variety 420 (410) 8. A sugar beet or fodder beet variety 165 (160) 9. Any other variety 215 (210) SCHEDULE 3
FEES PAYABLE IN RESPECT OF TRIALS FOR VALUE FOR CULTIVATION AND USE OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST
Regulation 3(1)(c)
Plant variety Amount New fee Old fee £ £ The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676) as amended by the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1995 (S.I. 1995/607) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 (S.I. 1997/383) on 1st April 1997.
1. A maize variety 495 (480) 2. A potato variety 870 (845) 3. A ryegrass, timothy or white clover variety 350 (340) 4. A field pea variety 710 (690) 5. A flax or linseed variety 335 (325) 6. A sugar beet variety 380 (370) 7. A festulolium variety 350 (—) 8. A wheat (excluding durum wheat and spelt wheat), barley or oat variety 1,120 (1,085) 9. A field bean variety 330 (320) 10. A spring oilseed rape variety 700 (680) 11. A winter oilseed rape variety 735 (715) SCHEDULE 4
RENEWAL FEES
Regulation 3(1)(d)
Plant variety Amount New fee Old fee £ £f3 The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 (S.I. 1997/383) on 1st April 1997.
1. A vegetable variety (excluding a vegetable pea or broad bean variety) 155 (150) 2. Any other variety (including a vegetable pea or broad bean variety) 250 (245) SCHEDULE 5
FEES PAYABLE IN RESPECT OF OTHER MATTERS
Regulation 3(1)(e)
Matter When payable Amount New fee Old fee £ £f4 The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 (S.I. 1997/383) on 1st April 1997.
1. Application for the substitution of a name in a National List On making the application 25 (25) 2. Making written representations to the Ministers On delivering the representations 25 (25) 3. Attending to be heard by a person appointed by the Ministers Before the hearing 50 (50) 4. Purchase of a report from a testing authority in another country Within 14 days of demand by the Minister 180 (165) 5. Observation plot-trials for value for cultivation and use Within 14 days of demand by the Minister 125 (120) 6. Entry in a National List Before entry in a National List 110 (105) ”
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (as amended) (“the principal Regulations”) so as to prescribe revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (as amended) (regulation 2(b)).
The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.
Application, test, trial, observation plot, award and renewal fees have been increased by 3 per cent, rounded to the nearest £5. The fee for the purchase of a report from a testing authority in another country has been increased to accord with the international charge of 350 Swiss Francs. Other fees in Schedule 5 are unchanged.
The Regulations amend the principal Regulations by adding festulolium to the list of plant varieties for which fees are payable in respect of trials for value for cultivation and use.
These Regulations also remove the exception from charging for those varieties listed in Part II of Schedule 3 contained in regulation 3(3) of the principal Regulations. Part I and Part II of Schedule 3 have therefore been combined (regulation 2(a)).
A Compliance Cost Assessment has been prepared and placed in the library of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.