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The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998

S.I. 1998/1022 · Made 8 April 1998

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SEEDS

Made 8th April 1998

Laid before Parliament 9th April 1998

Coming into force 8th May 1998

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, 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

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

S.I. 1964/1574 and S.I. 1973/609.

Contents

  1. 1Title and commencement
  2. 2Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
  3. Signature
  4. Schedule SCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994
  5. Explanatory note

1Title and commencement

These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 and shall come into force on 8th May 1998.

2Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994

For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 1994f1 there shall be substituted the Schedules set out in the Schedule to these Regulations.

Signature

Donoughue

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

7th April 1998

Sewel

Parliamentary Under Secretary of State, Scottish Office

8th April 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

7th April 1998

Dubs

Parliamentary Under Secretary of State, Northern Ireland Office

8th April 1998

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)

Amount
Plant VarietyNew feeOld fee
££f1
Note:
(*)

The figure in italics is the fee which was charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676 as amended by S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1

Any variety

260(250)

SCHEDULE 2

FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLI CATION FOR ENTRY IN A NATIONAL LIST

Regulation 3(1)(b)

Amount
Plant VarietyNew feeOld fee
££f2
Note:
(*)

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 S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1

A cereal (excluding maize) variety

710(685)
2

A maize variety

435(420)
3

A potato variety

660(640)
4

A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety

615(595)
5

A field pea, vegetable pea, field bean or broad bean variety

530(510)
6

A herbage variety

435(420)
7

An oil and fibre (including oilseed rape) variety

435(420)
8

A sugar beet or fodder beet variety

170(165)
9

Any other variety

220(215)

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)

Amount
Plant VarietyNew feeOld fee
££f3
Note:
(*)

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 S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1

A maize variety

510(495)
2

A potato variety

900(870)
3

A ryegrass, timothy or white clover variety

360(350)
4

A field pea variety

735(710)
5

A flax or linseed variety

345(335)
6

A sugar beet variety

395(380)
7

A festulolium variety

360(350)
8

A wheat (excluding durum wheat and spelt wheat), barley or oat variety

1,160(1,120)
9

A field bean variety

340(330)
10

A spring oilseed rape variety

725(700)
11

A winter oilseed rape variety

760(735)

SCHEDULE 4

RENEWAL FEES

Regulation 3(1)(d)

Amount
Plant VarietyNew feeOld fee
££f4
Note:
(*)

Note: 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 S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1

A vegetable variety (excluding a vegetable pea or broad bean variety)

160(155)
2

Any other variety (including a vegetable pea or broad bean variety)

260(250)

SCHEDULE 5

FEES PAYABLE IN RESPECT OF OTHER MATTERS

Regulation 3(1)(e)

Amount
MatterWhen payableNew feeOld fee
££f5
Note:
(*)

Note: 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 S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1

Application for the substitution of a name in a National List

On making the application30(25)
2

Making written representations to the Ministers

On delivering the representations30(25)
3

Attending to be heard by a person appointed by the Ministers

Before the hearing55(50)
4

Purchase of a report from a testing authority in another country

Within 14 days of demand by the Minister150(180)
5

Observation plot-trials for value for cultivation and use

Within 14 days of demand by the Minister130(125)
6

Entry in a National List

Before entry in a National List115(110)

”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (as amended) so as to prescribe revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (as amended) (regulation 2).

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 3.5 per cent, rounded to the nearest £5. The fee for the purchase of a report from a testing authority in another country has been decreased to accord with the international charge of 350 Swiss Francs. Other fees in Schedule 5 have been increased by £5.

A regulatory appraisal 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.