Statutory Instruments
SEEDS
Made
8th March 1991
Laid before Parliament
22nd March 1991
Coming into force
12th April 1991
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 1964(1) as extended to Northern Ireland(2) 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:
1. These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 and shall come into force on 12th April 1991.
2.—(1) The Seeds (National Lists of Varieties) (Fees) Regulations 1990(3) shall be amended in accordance with the provisions of this regulation.
(2) In regulation 3 (payment of fees)—
(a)in paragraph (1)—
(i)for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraph (2) below”;
(ii)sub-paragraph (c) shall be omitted;
(iii)for sub-paragraph (d) there shall be substituted the following sub-paragraph—
“(d)a renewal fee, being the new fee set out in the second column of Part III of the Schedule in relation to a year of retention of a plant variety in a National List opposite the reference in the first column of the said Part III 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 year of retention in the National List;”;
(iv)in sub-paragraph (e) “Part IV” shall be substituted for “Part V” in each of the three places in which it occurs;
(b)paragraph (3) shall be omitted.
(3) In paragraph (2) of regulation 4 (renewal fees) “Part III” shall be substituted for “Part IV”.
(4) For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
7th March 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th March 1991
David Hunt
Secretary of State for Wales
6th March 1991
Peter Brooke
Secretary of State for Northern Ireland
8th March 1991
Regulation 2(4)
Regulation 3
| Amount | ||
|---|---|---|
| New fee | Old fee | |
| Plant Variety | £ | £(*) |
1. Any variety | 250 | (170 to 440) |
| Amount | ||
|---|---|---|
| New fee | Old fee | |
| Plant Variety | £ | £(*) |
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 (S.I. 1991/657) on 12th April 1991. | ||
1. A cereal (excluding maize) variety | 800 | (850 or 900) |
2. A maize variety | 500 | (850) |
3. A potato variety | 750 | (750) |
4. A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion radish, turnip or fodder variety | 700 | (700) |
5. A herbage, field pea, vegetable pea, field bean or broad bean variety | 600 | (700 or 800) |
6. An oil and fibre (including oilseed rape) variety | 500 | (700 or 750) |
7. Any other variety | 250 | (700) |
| Amount each year | ||
|---|---|---|
| New fee | Old fee | |
| Plant Varieties | £ | £(*) |
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 (S.I. 1991/657) on 12th April 1991. | ||
1. A vegetable variety (excluding a vegetable pea or broad bean variety) | 150 | (135 to 255) |
2. Any other variety (including a vegetable pea or broad bean variety) | 250 | (160 to 460) |
| Amount | |||
|---|---|---|---|
| New fee | Old fee | ||
| Matter | When Payable | £ | £(*) |
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 (S.I. 1991/657) on 12th April 1991.” | |||
1. Application for the substitution of a name in a National List | On making the application | 25 | (25) |
2. Making written representation 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 | 140 | (135) |
5. Observation plot—trials for value for cultivation and use | Within 14 days of demand by the Minister | 115 | (110) |
6. Entry in a National List | Before entry in a National List | 100 | (100) |
(This note is not part of the Regulations)
These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (S.I. 1982/844) (as amended) (regulation 2(4)).
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.
These Regulations also amend the Seeds (National Lists of Varieties) (Fees) Regulations 1990 so as to—
(a)remove the requirement that a fee be paid in respect of trials for value for cultivation and use of a plant variety on application for entry in a National List (regulation 2(2)(a)(i) and (ii) and 2(2)(b));
(b)require the payment of the same renewal fee for each year of the retention of a plant variety in the National List (regulation 2(2)(a)(iii).
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) for the definition of “the Ministers” and section 39(3)(a)(ii) for an extension to include the Secretary of State concerned with agriculture in Northern Ireland.
By the Plant Varieties and Seeds (Northern Ireland) Order 1973 (S.I. 1973/609).
S.I. 1990/617.