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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 No. 356 URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_1988356_en.html |
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Statutory Instruments
PLANT BREEDERS' RIGHTS
Made
1st March 1988
Laid before Parliament
9th March 1988
Coming into force
1st April 1988
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, as respects the United Kingdom, in exercise of the powers conferred by sections 9(1), 36 and 38(1) of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2) and now vested in them(3), and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man(4), and in exercise of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with section 9(1) of the said Act of 1964 and after consultation with the Council on Tribunals in accordance with section 10(1) of the Tribunals and Inquiries Act 1971(5), hereby make the following Regulations:
1. These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.
2. For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987(6) there shall be substituted the provisions 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 25th February 1988.
L.S.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
25th February 1988
Peter Walker
Secretary of State for Wales
26th February 1988
Tom King
Secretary of State for Northern Ireland
1st March 1988
Douglas Hurd
Secretary of State for the Home
Department
26th February 1988 (being the Secretary of State concerned with matters relating to the Isle of Man)
We approve,
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty's Treasury
1st March 1988
Regulation 2
Regulation 3(1)
| Plant variety | Amount | |
|---|---|---|
| New fee | Old fee | |
a The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 (S.I. 1987/189) before the coming into force of these Regulations. | ||
| £ | £a | |
1. A wheat (excluding durum wheat and spelt wheat) or barley variety | 540 | (520) |
2. A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety | 415 | (400) |
3. A maize variety | 500 | (480) |
4. A field pea or field bean variety | 325 | (310) |
5. Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety | 195 | (185) |
6. Any other variety not mentioned above (including a decorative or fruit variety) | 120 | (115) |
| Plant variety | Tests or examination for which payable | Amount | |
|---|---|---|---|
| New fee | Old fee | ||
a The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations. | |||
| £ | £a | ||
1. A wheat (excluding durum wheat and spelt wheat), barley or maize variety | Tests in any one year | 710 | (680) |
2. A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, field pea or field bean variety | Tests in any one year | 480 | (460) |
3. Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety | Tests in any one year | 270 | (260) |
4. A year-round perennial chrysanthemum variety | Tests in each flowering season | 225 | (215) |
5. A cymbidium variety | Each examination | 225 | (215) |
6. Any other variety not mentioned above (including a decorative or fruit variety) | Tests in any one year | 225 | (215) |
| Plant variety | Renewal fees during the years of the exercise of plant breeders' rights indicated below | |||
|---|---|---|---|---|
| Second to fifth year - each year | ||||
| New fee | Old fee | Sixth and each subsequent year | ||
| New fee | Old fee | |||
a The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations.160 | ||||
| £ | £a | £ | £a | |
1. A wheat (excluding durum wheat and spelt wheat) or barley variety | 475 | (455) | 630 | (605) |
2. A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety | 335 | (320) | 570 | (545) |
3. Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety | 195 | (185) | 255 | (245) |
4. A rose variety | 95 | (120) | 125 | (155) |
5. Any other variety not mentioned above (including a decorative or fruit variety) | 125 | (120) | 160 | (155) |
| Matter | When payable | Amount | |
|---|---|---|---|
| New fee | Old fee | ||
a The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations. " | |||
| £ | £a | ||
1. Application for a compulsory licence | On making the application | 21 | (21) |
2. Application to extend, limit, vary or revoke a compulsory licence | On making the application | 21 | (21) |
3. Application to amend a document in any application or proceeding | On making the application | 3 | (3) |
4. Application to rectify an error or omission in the register of plant varieties | On making the application | 3 | (3) |
5. Application for extension of time for the service or delivery of a document or thing or for the doing of an act | On making the application | 3 | (3) |
6. Making representations in writing to the Controller, by any person other than the applicant, in connection with any application | On delivering the representations | 3 | (3) |
7. Making representations in writing to the Controller, by any person other than the holder of plant breeders' rights, in connection with a proposal to terminate those rights or to revoke or terminate any extension of such rights | On delivering the representations | 3 | (3) |
8. Attending to be heard by the Controller, or by a person appointed by him for the purpose | Before the hearing | 21 | (21) |
9. Grant of plant breeders' rights in- (a)a variety referred to in items 1 to 4 in Part I of this Schedule | Before the issue of the document constituting evidence of the grant | 150 | (145) |
(b)a variety referred to in item 5 in Part I of this Schedule | 140 | (135) | |
(c)a variety referred to in item 6 in Part I of this Schedule | 90 | (85) | |
10. Giving a protective direction | Before the issue of the document constituting evidence of the giving of the protective direction | 21 | (21) |
11. Application for an extension of the period for payment of a renewal fee | On making the application | 21 | (21) |
12. Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended | On payment of the renewal fee | 21 | (21) |
13. Application for the approval of a substituted name for a plant variety | On making the application | 21 | (21) |
14. Application for the amendment of the register of plant varieties, except in a case where the plant breeders' rights are transferred to another person | On making the application | 3 | (3) |
15. Registration of title and amendment of the register of plant varieties on a transfer of plant breeders' rights or a share in such rights | On making the application for registration | 21 | (21) |
16. Inspection of the register of plant varieties or of a document in the possession of the Controller | Before the inspection | 1 | (1) |
17. Supplying copies of documents, per page | Before the delivery of the copies | 0.30 | (0.30) |
18. Supplying a duplicate of a document constituting evidence of a grant of plant breeders' rights or protective direction | On ordering the duplicate | 6 | (6) |
19. Purchase of a report from a testing authority in another country | Within 14 days of demand by the Controller | 140 | (112) |
(This note is not part of the Regulations)
These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1987 by substituting a new Schedule for the Schedule to those Regulations (Regulation 2). The new Schedule prescribes an overall increase of fees for the matters for which fees were previously charged with the exception of renewal fees for rose varieties, which have been reduced and those fees of £21.00 or less which remain at their former levels.
1964 c. 14; section 38(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which these Regulations are made.
By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).
In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.
By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829) to which there are amendments not relevant to these Regulations.
S.I. 1987/189.
