Regulation 3 Payment of fees
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Subject to paragraph (2) below, there shall be paid to the Minister in respect of matters arising under the principal Regulations—
a fee on making an application for the entry of a plant variety in a National List, being the fee set out in the second column of Part I of Schedule 1 opposite the reference in the first column of the said Part I to the plant variety of the kind to which the application relates, such fee being payable on making the application;
a fee payable in respect of tests for one year for distinctness, uniformity and stability of a plant variety which is the subject of an application for entry in a National List, being the new fee set out in the second column of Part II of Schedule 1 opposite the reference in the first column of the said Part II to the plant variety of the kind to which the tests relate, such fee being payable within 14 days of a demand made by the Minister;
a fee 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 and is referred to in the first column of Part III of Schedule 1, being the new fee set out in the second column of the said Part III opposite that reference, such fee being payable in respect of each year of a trials cycle and so payable within 14 days of a demand made by the Minister;
a renewal fee, being the new fee set out in the second and third columns of Part IV of Schedule 1 in relation to the particular year of retention of a plant variety in a National List opposite the reference in the first column of the said Part IV to the plant variety of the kind retained in the National List, such fee being payable, subject to regulation 4(3) below, before the beginning of the particular year of retention in the National List;
the fees payable in respect of the matters referred to in the first column of Part V of Schedule 1, being the new fees set out in the third column of the said Part V opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Part V.
The fees prescribed in Part II of Schedule 1 shall not be payable—
by an applicant who has paid the fees prescribed by regulations made under the Act in respect of tests carried out on his behalf for the purposes of a grant of plant breeders' rights in respect of the same variety, or
except as provided in paragraph (3) below, in respect of tests undertaken at a time when there is no plant breeders' rights scheme in operation in respect of the plant variety tested.
If, while a plant variety in respect of which no plant breeders' rights scheme has operated is undergoing tests in connection with an application for its entry in a National List, a plant breeders' rights scheme comes into operation with respect to such variety, the person on whose behalf those tests are being carried out shall forthwith—
apply for plant breeders' rights in respect of the plant variety (and become liable to pay any fees which may become payable under regulations made under the Act in connection with such application), or
become liable to pay to the Minister the fees prescribed in Part II of Schedule 1 within 14 days of a demand made by the Minister.
If the fee payable by a person in connection with tests of a plant variety shall not have been paid within 14 days of a demand made by the Minister or, as appropriate, in accordance with paragraph (3) above, the Minister shall not be obliged to take any further steps in relation to the tests until the fee shall have been paid.