Statutory Instruments
2002 No. 1677
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Fees) (Amendment) Regulations 2002
Made
27th June 2002
Laid before Parliament
2nd July 2002
Coming into force
23rd July 2002
The Secretary of State for Environment, Food and Rural Affairs, 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 2002 and shall come into force on 23rd July 2002.
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 of State,
Department for Environment, Food and Rural Affairs
27th June 2002
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
Presiding Officer
27th June 2002
John Reid
Secretary of State for Northern Ireland
20th June 2002
We consent.
Ross Finnie
A member of the Scottish Executive
13th June 2002
Regulation 2
SCHEDULE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998
Regulation 3
“ SCHEDULE 1 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 | 85 | (80) |
| 2. | A chrysanthemum variety | 300 | (285) |
| 3. | Any other decorative variety | 145 | (140) |
| 4. | Any other variety | 300 | (285) |
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 2002 ( S.I. 2002/1677 ) on 23rd July 2002.
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 | 815 | (775) |
| 2. | A maize variety | Tests in any one year | 495 | (470) |
| 3. | A potato variety | Tests in any one year | 755 | (720) |
| 4. | A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety | Tests in any one year | 705 | (670) |
| 5. | A carrot, curly kale, onion or radish variety | Tests in any one year | 705 | (670) |
| 6. | A field pea, vegetable pea, field bean or broad bean variety | Tests in any one year | 605 | (575) |
| 7. | A herbage variety | Tests in any one year | 495 | (470) |
| 8. | An oil and fibre (including oilseed rape) variety | Tests in any one year | 495 | (470) |
| 9. | A sugar beet or fodder beet variety | Tests in any one year | 195 | (185) |
| 10. | A rose variety | Tests in any one year | 130 | (125) |
| 11. | A year-round perennial chrysanthemum variety | Tests in each flowering season | 200 | (190) |
| 12. | Any other chrysanthemum variety | Tests in any one year | 200 | (190) |
| 13. | A cymbidium variety | Each examination | 250 | (240) |
| 14. | A fruit variety | Tests in any one year | 200 | (190) |
| 15. | Any other variety | Tests in any one year | 250 | (240) |
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 2002 ( S.I. 2002/1677 ) on 23rd July 2002.
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 | 80 | 35 | (75) | (35) |
| 2. | A chrysanthemum variety | 355 | 185 | (340) | (175) |
| 3. | Any other decorative variety | 190 | 100 | (180) | (95) |
| 4. | A vegetable variety (excluding a vegetable pea or broad bean variety) | 185 | 95 | (175) | (90) |
| 5. | A fruit variety | 355 | 185 | (340) | (175) |
| 6. | Any other variety (including a vegetable pea or broad bean variety) | 475 | 240 | (450) | (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 2002 ( S.I. 2002/1677 ) on 23rd July 2002.
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 | 65 | (60) |
| 2. | Application to extend, limit, vary or revoke a compulsory licence | On making the application | 65 | (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 | 65 | (60) |
| 5. | Grant of plant breeders' rights in– (a) a variety referred to in item 1 in Part I of this Schedule | Before the issue of the plant breeders' certificate constituting evidence of the grant | 65 | (60) |
(b) a variety referred to in item 3 in Part I of this Schedule | 130 | (125) | ||
(c) a variety referred to in item 2 or item 4 in Part I of this Schedule | 160 | (150) | ||
| 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 | 175 | (165) ” |
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 2002 ( S.I. 2002/1677 ) on 23rd July 2002.
1997 c. 66 ; see section 49(1) for the definition of “the Ministers”.
In respect of the Secretary of State for Environment, Food and Rural Affairs, by virtue of the Ministry of Agriculture, Fisheries and Food Dissolution Order 2002 ( S.I. 2002/794 ), which transferred functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 to the Secretary of State; and 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.
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 the Scotland Act 1998.
S.I. 1998/1021 as amended by S.I. 1999/1089 and 2001/3630 .