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STATUTORY INSTRUMENTS


2001 No. 3630

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Fees) (Amendment) Regulations 2001

  Made 8th November 2001 
  Laid before Parliament 9th November 2001 
  Coming into force 1st December 2001 

The Minister of Agriculture, Fisheries and Food, the National Assembly for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 29(1) and (2) and 48(1) of the Plant Varieties Act 1997[1], and now vested in them[2], and with the consent of the Scottish Ministers[3], after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, hereby make the following Regulations:

Title and commencement

     1. These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 2001 and shall come into force on 1st December 2001.

Amendment of the Plant Breeders' Rights (Fees) Regulations 1998

    
2. For Schedule 1 to the Plant Breeders' Rights (Fees) Regulations 1998[4] there shall be substituted the Schedule set out in the Schedule to these Regulations.


Whitty
Parliamentary Under-Secretary Department for Environment, Food and Rural Affairs

8th November 2001



Signed on behalf of the National Assembly for Wales


Elis Thomas
Presiding Officer

8th November 2001


Jane Kennedy
Minister of State Northern Ireland Office

8th November 2001



We consent


Ross Finnie
A member of the Scottish Executive

8th November 2001



SCHEDULE
Regulation 2


SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998




    " SCHEDULE 1
    Regulation 3


    FEES




    PART I

    FEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

              Amount
    Plant Variety New fee Old fee
              £ £(*)
    1. A rose variety 80 (75)
    2. A chrysanthemum variety 285 (275)
    3. Any other decorative variety 140 (135)
    4. Any other variety 285 (275)

      Note:

      (*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 2001 (S.I. 2001/     ) on 1st December 2001.



    PART II

    FEES PAYABLE IN RESPECT OF TESTS OR EXAMINATION OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

                   Amount
    Plant Variety Test or examination for which payable New fee Old fee
                   £ £(*)
    1. A cereal (excluding maize) variety Tests in any one year 775 (745)
    2. A maize variety Tests in any one year 470 (455)
    3. A potato variety Tests in any one year 720 (695)
    4. A beetroot, Brussels sprout, cabbage, celery, funugreek, leek, turnip or fodder variety Tests in any one year 670 (645)
    5. A carrot, curly kale, onion or radish variety Tests in any one year 670 (645)
    6. A field pea, vegetable pea, field bean or broad bean variety Tests in any one year 575 (555)
    7. A herbage variety Tests in any one year 470 (455)
    8. An oil and fibre (including oilseed rape) variety Tests in any one year 470 (455)
    9. A sugar beet or fodder beet variety Tests in any one year 185 (180)
    10. A rose variety Tests in any one year 125 (120)
    11. A year-round perennial chrysanthemum variety Tests in each flowering season 190 (185)
    12. Any other chrysanthemum variety Tests in any one year 190 (185)
    13. A cymbidium variety Each examination 240 (230)
    14. A fruit variety Tests in any one year 190 (185)
    15. Any other variety Tests in any one year 240 (230)

      Note:

      (*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 2001 (S.I. 2001/    ) on 1st December 2001.



    PART III

    RENEWAL FEES

              Amount each year
    Plant Variety New standard fee New Reduced fee Old standard fee Old reduced fee
              £ £ £(*) £(*)
    1. A rose variety 75 35 (70) (35)
    2. A chrysanthemum variety 340 175 (330) (170)
    3. Any other decorative variety 180 95 (175) (90)
    4. A vegetable variety (excluding a vegetable pea or broad bean variety) 175 90 (170) (85)
    5. A fruit variety 340 175 (330) (170)
    6. Any other variety (including a vegetable pea or broad bean variety) 450 230 (435) (220)

      Note:

      (*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 2001 (S.I. 2001/     ) on 1st December 2001.



    PART IV

    FEES PAYABLE IN RESPECT OF OTHER MATTERS

                   Amount
    Matter When payable New fee Old fee
                   £ £(*)
    1. Application for a compulsory licence On making the application 60 (60)
    2. Application to extend, limit, vary or revoke a compulsory licence On making the application 60 (60)
    3. Making representations in writing to the Controller as provided in the Act or the principal Regulations On delivering the representations 30 (30)
    4. Attending to be heard by the Controller or by a person appointed by him for the purpose Before the hearing 60 (60)
    5. Grant of plant breeders' rights in -  Before the issue of the plant breeders' certificate constituting evidence of the grant          
         (a) a variety referred to in item 1 in Part I of this Schedule

         60 (60)
         (b) a variety referred to in item 3 in Part I of this Schedule

         125 (120)
         (c) a variety referred to in item 2 or item 4 in Part I of this Schedule

         150 (145)
    6. Payment of a renewal fee after the expiration of 7 days from the date when it fell due (having regard to any extension granted under these Regulations) On payment of the renewal fee 30 (30)
    7. Application for the approval of a substituted name for a plant variety On making the application 30 (30)
    8. Amendment of the record of plant varieties on a transfer of plant breeders' rights On making the application for amendment 30 (30)
    9. Purchase of a report from a testing authority in another country Within 14 days of demand by the Controller 165 (160)

      Note:

      (*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 2001 (S.I. 2001/     ) on 1st December 2001."



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998. They prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997, including also matters arising under the Plant Breeders' Rights Regulations 1998 which are made under the 1997 Act (regulation 2 and the Schedule).

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 come into force are printed in italics beside the revised fees.

Application, test and renewal fees in Parts I, II and III of the Schedule (other than reduced renewal fees for roses which remain unchanged) have been increased by 3.75 per cent., rounded to the nearest £5. Grant and other fees in Part IV of the Schedule have been similarly increased in respect of items 5(b), 5(c) and 9; all other fees in relation to items in Part IV remain unchanged.

A Regulatory Impact Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.


Notes:

[1] 1997 c. 66; see section 49(1) for the definition of "the Ministers".back

[2] In respect of the National Assembly for Wales, by virtue of article 2 as read with Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), which transferred the functions of the Secretary of State for Wales to the National Assembly for Wales.back

[3] By article 3 of, and paragraph 3 of Schedule 8 to, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747), it was provided, in respect of, inter alia, the function exercisable under sections 29 and 48 of the Plant Varieties Act 1997 (c. 66) by a Minister of the Crown of making regulations as respects the charging of fees by the Controller of Plant Variety Rights, that the Secretary of State for Scotland should cease to be among those who may exercise the function and that any such function should instead be exercisable with the consent of the Scottish Ministers. Under the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319), the Controller of Plant Variety Rights was specified as a cross-border public authority for the purposes of that Act.back

[4] S.I. 1998/1021 as amended by S.I. 1999/1089.back



ISBN 0 11 038788 0


 © Crown copyright 2001

Prepared 19 November 2001
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