Plant Varieties and Seeds Act 1964

Part I U.K. Plant Breeders’ Rights

Modifications etc. (not altering text)

C1 Pt. I extended (N.I.) by S.I. 1964/1574, art. 1

1 Grant of plant breeders’ rights. U.K.

(1) Rights, to be known as plant breeders’ rights, may be granted in accordance with this Part of this Act in respect of plant varieties of such species or groups as may be prescribed by a scheme made by the Ministers under this Part of this Act.

(2) Subject to this Part of this Act, plant breeders’ rights shall be granted to an applicant by the Controller of the Plant Variety Rights Office established under this Part of this Act (hereafter in this Act referred to as “the Controller”) on being satisfied that the conditions laid down in the next following section are fulfilled.

(3) Schedule 1 to this Act shall have effect for the protection of an applicant pending the decision to allow or refuse his application for the grant of plant breeders’ rights.

(4) An appeal shall lie to the Tribunal established under this Part of this Act (hereafter in this Act referred to as “the Tribunal”) against the decision of the Controller to allow or refuse an application for the grant of plant breeders’ rights [F1 or any decision preliminary to the determination of such an application as to the conditions laid down in section 2 of this Act].

(5) Before making a scheme under this Part of this Act the Ministers shall consult the Controller and representatives of such interests as appear to the Ministers to be concerned, and any scheme under this Part of this Act—

(a) may make different provision for different species or groups of plant varieties,

(b) may contain such supplemental, incidental and transitional provisions as appear to the Ministers to be appropriate, and

(c) may be varied or revoked by a subsequent scheme,

so, however, that the variation or revocation of a scheme shall not prejudice a grant of plant breeders’ rights made before the variation or revocation takes effect.

(6) A scheme under this Part of this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words added by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7

2 Conditions for grant of rights. U.K.

(1) The conditions laid down in this section must be fulfilled as respects an applicant for plant breeders’ rights and the plant variety to which the application relates.

(2) The applicant must be the person who bred or discovered the variety, or his successor in title, and the provisions of Part I of Schedule 2 to this Act shall have effect as respects priorities between two or more persons who have independently bred or discovered a variety.

(3) The variety must conform to the rules in Part II of Schedule 2 to this Act.

(4) References in this section and Schedule 2 to this Act to the discovery of a plant variety are references to the discovery of a plant variety, whether growing in the wild or occurring as a genetic variant, whether artificially induced or not.

3 Period for which rights are exercisable. U.K.

(1) A scheme under this Part of this Act shall prescribe the period, being a period not exceeding [F2 30 years], for which plant breeders’ rights are to be exercisable.

(2) As respects [F3 fruit, forest and ornamental trees and their root-stocks and grapevines and their root-stocks] the period so prescribed shall be not less than [F4 25 years], and a statement in a scheme under this Part of this Act to the effect that a species or group of plant varieties falls under this subsection shall be conclusive.

(3) As respects plant varieties not falling under the last foregoing subsection the period so prescribed shall be not less than [F5 20 years].

(4) Subject to the following provisions of this section, the period for which plant breeders’ rights are exercisable shall be the relevant period prescribed by a scheme under this Part of this Act, beginning with the date on which the grant of the plant breeders’ rights by the Controller takes effect.

(5)

F6 (6) The holder of plant breeders’ rights may at any time make an application to the Controller offering to surrender his rights and if, after notice of the application has been given in the manner prescribed by regulations under this Part of this Act, and after the procedure so prescribed for hearing any person on whom the right to object is conferred by such regulations has been followed, the Controller is satisfied that the rights may properly be surrendered, he may accept the offer and terminate the period for which the rights are exercisable.

An appeal shall lie to the Tribunal from any decision of the Controller under this subsection.

(7) The Controller shall terminate the period for which any plant breeders’ rights are exercisable if at any time he is satisfied—

(a) that any information submitted in the application for the grant of the rights, or any information submitted by or on behalf of the applicant in connection with the application, was incorrect and that, if the Controller had known before the grant that it was incorrect, he would have refused the grant, or

(b) that facts have been discovered which, if known before the grant, would have resulted in the grant being refused on the grounds that rule 1 or rule 2 in Part II of Schedule 2 to this Act was not satisfied in respect of the plant variety.

(8)

F6 (9) An appeal shall lie to the Tribunal against any decision of the Controller to act under subsection (7) . . . F7 of this section.

Textual Amendments

F2 Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(a)

F3 Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(2)

F4 Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(b)

F5 Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(c)

F6 S. 3(5)(8) repealed (with saving) by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 1(3)(5), 6, Sch. 2

F7 Words repealed (with saving) by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 1(3)(5), 6, Sch. 2

4 The nature of the rights. U.K.

(1) Subject to this Part of this Act, the holder of plant breeders’ rights in a plant variety shall have the exclusive right to do, and to authorise others to do, as follows—

(a) to sell [F8 or offer to expose for sale] the reproductive material of the plant variety;

(b) to produce the reproductive material of the plant variety in Great Britain for the purpose of selling it; and

(c) in the circumstances described in Schedule 3 to this Act, to exercise the other rights there specified,

and, subject to this section, infringements of plant breeders’ rights shall be actionable at the suit of the holder of the rights, and in any proceedings for such an infringement all such relief, by way of damages, injunction, interdict, account or otherwise, shall be available as is available in any corresponding proceedings in respect of infringements of other proprietary rights.

(2) Paragraph (a) of the foregoing subsection shall not apply to the sale [F9 or offer or exposure for sale] of reproductive material which is not in Great Britain when it is sold [F9 or offered or exposed for sale]; but if any person purchases the reproductive material of the plant variety which is not in Great Britain when it is sold and uses it in Great Britain as reproductive material, the purchase and subsequent use shall together constitute an infringement of the plant breeders’ rights and the purchaser shall be liable to be proceeded against in respect of the infringement.

References in this subsection to using the reproductive material of a plant variety as reproductive material in Great Britain include references to so disposing of that material (otherwise than by way of sale) while it is in Great Britain as to make it available for use in Great Britain as reproductive material.

(3) There shall be no right to damages in respect of an infringement of plant breeders’ rights—

(a) if the person infringing the rights was not aware, and had no reasonable grounds for suspecting, that the plant variety in question was the subject of plant breeders’ rights, or

(b) in a case where the infringement consists of a breach of conditions attached to a licence, if that person had no notice of any of those conditions.

but the person who would, but for the foregoing provisions, be entitled to damages shall be entitled to an account of profits in respect of the infringement (and to payment of any amount found due on the account) whether any other relief is granted under this section or not.

(4) The holder of plant breeders’ rights may, in authorising other persons to exercise his exclusive rights, impose any conditions, limitations or restrictions which may be imposed by the holder of any other kind of proprietary rights, and plant breeders’ rights shall be assignable like other kinds of proprietary rights.

(5) A sale of the reproductive material of a plant variety which is the subject of plant breeders’ rights, being a sale by the holder of the rights (or by any other person authorised to grant a licence in respect of those rights)—

(a) shall not imply that the seller authorises the purchaser to produce the reproductive material of the plant variety for the purpose of selling it, but

(b) subject to any terms or conditions imposed by the seller, shall imply that the seller authorises the purchaser to sell [F10 or offer or expose for sale] the reproductive material sold to him.

(6) In this section and in Schedule 3 to this Act references to selling reproductive material include references to any transaction effected in the course of business—

(a) under which the property in the reproductive material passes from one person to another, or

(b) under which the reproductive material is made over by one person to another in pursuance of a contract under which he will use the reproductive material for growing further reproductive material or other crops,

and paragraph (b) of this subsection shall apply irrespective of whether the contract provides that the property in the crop will be in the person to be regarded as the seller, or the person to be regarded as the purchaser, or a third party; and any reference to purchasing or a purchaser shall be construed accordingly.

Textual Amendments

F8 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 1(1)

F9 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 1(2)

F10 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 1(3)

5 Naming of protected plant varieties. U.K.

(1) The Ministers may by regulations under this section provide for the selection of names for plant varieties which are the subject of applications for plant breeders’ rights and for the keeping of a register of the names so selected.

(2) Notice of all entries made in the register, including alterations, corrections and erasures, shall be published by the Controller in the gazette to be issued under Part IV of this Act, and in such other manner as appears to the Controller to be convenient for the publication of these to all concerned.

(3)

F11 (4) Regulations under this section may in particular—

(a) prescribe the circumstances in which representations may be made regarding any decision as to the name to be registered in respect of any plant variety,

(b) make provision for the publication or service of notices of decisions which the Controller proposes to take, and

(c) prescribe the times at which, and the circumstances in which, the register may be inspected by members of the public.

(5) Any regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) If, where a name is registered under this section for a plant variety, any person uses that name, or a name so nearly resembling it as to be likely to deceive or cause confusion, in selling or offering or exposing for sale—

(a) reproductive material of a different plant variety within the same class, or

(b) where under paragraph 1 of Schedule 3 of this Act plant breeders’ rights in the first-mentioned plant variety have been extended to material other than reproductive material, that other material from a different plant variety within the same class,

the use of the name shall be a wrong actionable in proceedings by the holder of the rights; but it shall be a defence to a claim for damages in any such proceedings to prove that the defendant took all reasonable precautions against committing a wrong of the kind alleged and had not when using the name any reason to suspect that it was wrongful.

(7) In this section the expression “name” includes any designation, and references to plant varieties as being within the same class are references to them as being within the same class being either—

(a) a class consisting of all plant varieties of the species or groups prescribed by any one scheme under this Part of this Act, or

(b) any other class of plant varieties prescribed for the purposes of this subsection by any such scheme.

Textual Amendments

F11 S. 5(3) repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[F12 5A Requirement to use registered names on sale of reproductive material. U.K.

(1) Where a name is registered under section 5 of this Act for any plant variety, it shall be unlawful for any person to use, in selling or offering [F13 or exposing] for sale material of that variety being—

(a) reproductive material; or

(b) material to which plant breeders’ rights are extended under paragraph 1 of Schedule 3 to this Act.

any name which serves or is intended by him to serve to distinguish that material from material of other plant varieties within the same class but is not the name so registered.

(2) Subsection (1) of this section shall not apply to a person who reasonably believes that the material is to be exported from Great Britain.

(3) Subsection (1) of this section shall have effect in relation to any plant variety from the date on which the grant of plant breeders’ right in respect of that variety takes effect, and shall continue to apply after the period for which those rights are exercisable.

(4) Subsection (1) of this section shall not preclude the use, . . . F14 , of any trade mark or trade name (whether registered under the M1 Trade Marks Act 1938 or not) [F15 if—

(a) that mark or name and the registered name are juxtaposed; and

(b) the registered name is easily recognisable.]

(5) A person who contravenes this section shall be liable on summary conviction to a fine not exceeding [F16 level 3 on the standard scale] . . . F17 ; but it shall be a defence in proceedings under this section to prove—

(a) that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and

(b) where the accused obtained the reproductive material to which the alleged offence relates from some other person, that on demand by or on behalf of the prosecutor the accused gave all the information in his power with respect to the name and address of that other person, and with respect to any relevant document in his possession or power relating to the material and the contract of sale.

(6) Subsection (7) of section 5 of this Act shall apply for the interpretation of this section.]

Textual Amendments

F12 S. 5A inserted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(1)

F13 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 2(1)

F14 Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 2(2), Sch. 2

F15 Words (containing s. 5A(4)(a)(b) ) substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 2(2)

F16 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6

F17 Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 2(3), Sch. 2

Marginal Citations

M1 1938 c. 22.

6 Maintenance of reproductive material. U.K.

(1) The provisions of this section shall apply in relation to all plant varieties except such as fall within any species or group which is excluded from this section by a scheme under this Part of this Act.

(2) Every holder of plant breeders’ rights shall ensure that, throughout the period for which the rights are exercisable, he is in a position to produce to the Controller reproductive material which is capable of producing the variety to which the rights relate with the morphological and physiological and other characteristics taken into account when the rights were granted in respect of the variety.

(3) It shall also be the duty of every holder of plant breeders’ rights to afford to the Controller all such information and facilities as he may request for the purpose of satisfying himself that the holder of the plant breeders’ rights is fulfilling his duty under subsection (2) of this section, including facilities for the inspection by or on behalf of the Controller of the measures taken for the preservation of the plant variety; and if he is satisfied that the holder of the rights has failed to comply with any request under this subsection he may if he thinks fit at any time terminate the period for which the plant breeders’ rights are exercisable.

(4) If at any time it appears to the Controller that any holder of plant breeders’ rights is no longer in a position to provide the Controller with the reproductive material mentioned in subsection (2) of this section, he shall terminate the period for which the rights are exercisable.

(5) An appeal shall lie to the Tribunal against any decision of the Controller under this section to terminate the period for which any rights are exercisable.

7 Compulsory licences. U.K.

(1) Subject to the provisions of this section, if any person applies to the Controller and satisfies him that the holder of any plant breeders’ rights has unreasonably refused to grant a licence to the applicant, or, in granting or offering to grant a licence, has imposed or put forward unreasonable terms, the Controller shall, unless it appears to him that there is good reason for refusing the application, grant to the applicant in the form of a compulsory licence any such rights as respects the plant variety as might have been granted to the applicant by the holder of the plant breeders’ rights.

(2) A scheme under this Part of this Act may, for any species or group of plant varieties, prescribe for the purposes of this subsection a period of a length specified in the scheme, and a compulsory licence granted as respects a plant variety which falls within the species or group of plant varieties specified in the scheme shall not have effect during a period beginning with the date of grant of the rights and equal in length to the period so prescribed by the scheme.

The prescribed period may be different for different species or groups.

(3) In entertaining applications and settling the terms of compulsory licences under this section the Controller shall [F18 have regard to the desirability of securing—

(a) that the plant variety is available to the public at reasonable prices, is widely distributed and is maintained in quality;

(b) that there is reasonable remuneration for the holder of the plant breeders’ rights; and

(c) where there is a market for the export of the plant variety, that the market is supplied from the production of the variety in Great Britain.]

(4) A compulsory licence under this section may include terms obliging the holder of the plant breeder’s rights to make reproductive material available to the holder of the compulsory licence.

(5) Without prejudice to the following provisions of this Part of this Act requiring provision to be made by regulations as to proceedings before the Controller, where—

[F19 (a) the holder of the plant breeders’ rights to which an application under subsection (1) of this section relates—

(i) is or includes, or is represented by, a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of licences to exercise plant breeders’ rights, either as the holder of the rights or as agent for holders, or

(ii) is or includes a company any shares of which are held by or on behalf of the Ministers, and]

(b) an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Controller for an opportunity of making representations concerning the application, and the Controller is satisfied that the organisation or person has a substantial interest in the application and that the application involves issues which may affect other applicants for compulsory licences under this section, and

(c) if the applicant under paragraph (b) of this subsection is an organisation, the Controller is satisfied that it is reasonably representative of the class of persons which it claims to represent.

the Controller shall afford to the organisation or person applying under paragraph (b) of this subsection an opportunity of making representations to the Controller and of being heard by the Controller or by a person appointed by the Controller for the purpose.

(6) The Controller before granting a compulsory licence shall satisfy himself that the applicant is financially and otherwise in a position, and intends, to exploit the rights to be conferred on him in a competent and businesslike manner.

(7) Without prejudice to the remedies available to the holder of a compulsory licence by the taking of proceedings in any court, the Controller may, if it is represented to him by any applicant that the holder of the plant breeders’ rights has failed to meet any obligation imposed on him by a compulsory licence under this section, and he is satisfied that the representations are correct, terminate the period for which the plant breeders’ rights are exercisable.

(8) The Controller may at any time on representations made by any applicant extend, limit or vary in any other respect, or revoke, a compulsory licence.

(9) A compulsory licence under this section may be granted to an applicant whether or not the holder of the plant breeders’ rights has granted licences to the applicant or any other person, and shall not be an exclusive licence.

(10) If and so far as any agreement purports to bind any person not to apply for a compulsory licence under this section, it shall be void.

(11) An appeal shall lie to the Tribunal against the decision of the Controller to allow or refuse any application under subsection (1), subsection (7) or subsection (8) of this section.

Textual Amendments

F18 Words (containing s. 7(3)(a)–(c)) substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 3(1)

F19 S. 7(5)(a) substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 3(2)

8 †Exclusion from Restrictive Trade Practices Act 1956. U.K.

[F20 The M2 Restrictive Trade Practices Act 1976] (registration and judicial investigation of restrictive trading agreements) shall not apply—

(a) to any licence granted by a holder of plant breeders’ rights or by any other person authorised to grant a licence in respect of such rights, or

(b) to any assignment of plant breeders’ rights or of the title to apply for the grant of such rights, or

(c) to any agreement for such a licence or assignment,

being a licence, assignment or agreement under which no such restrictions as are described in section 6(1) of that Act are accepted except in respect of goods which are plants or parts of plants of the plant variety which is the subject of those plant breeders’ rights, or will be the subject of them if granted.

Textual Amendments

F20 Words substituted by Restrictive Trade Practices Act 1976 (c. 34), Sch. 5

Modifications etc. (not altering text)

C2 Unreliable margin note

Marginal Citations

M2 1976 c. 34.

9 Regulations, as to applications, fees, etc. U.K.

(1) Regulations may be made under this section by the Ministers as respects the manner in which the Controller is to discharge his functions under this Part of this Act, and in particular as respects—

(a) applications for the grant of plant breeders’ rights and other applications to the Controller under this Part of this Act, and

(b) the charging of fees, including periodical fees payable by persons holding plant breeders’ rights,

and regulations concerning fees charged by the Controller shall be separate regulations made with the approval of the Treasury.

(2) Regulations under this section may authorise the Controller—

(a) in the case of a failure to pay any fees payable in connection with any application to him under this Part of this Act, to refuse the application, and

(b) in the case of a failure by a holder of plant breeders’ rights to pay any fees payable in connection with those rights, to terminate the period for which the rights are exercisable,

with or without, in any case, a right of appeal against the Controller’s decision, and may provide for the restoration of the application or the rights if the failure to pay fees is made good.

(3) The regulations shall provide for affording, before the Controller makes a decision to which this subsection applies, both to the person entitled to appeal to the Tribunal against that decision, and to persons of such other descriptions as may be prescribed by the regulations, an opportunity of making representations to the Controller and of being heard by the Controller or by a person appointed by the Controller for the purpose.

This subsection applies to any decision of the Controller against which, under the provisions contained in this Part of this Act, an appeal lies to the Tribunal.

(4) The regulations may, in addition to the rights of appeal conferred by the provisions contained in this Part of this Act, confer a right of appeal to the Tribunal against any decision of the Controller under regulations made under section 5 of this Act or this section.

(5) Regulations under this section may in particular—

(a) prescribe the information and facilities to be afforded by an applicant and the reproductive material and other plant material to be submitted at the time of the application or subsequently,

(b) prescribe the tests, trials, examinations and other steps to be taken by the applicant or the Controller before any application is granted, and the time within which any such steps are to be taken,

(c) restrict the making of repeated applications on the same subject,

(d) prescribe the circumstances in which representations may be made regarding any decision on any application,

(e) make provision as to the keeping of registers and records by the Controller and their rectification, and prescribe the circumstances in which they may be inspected by members of the public,

(f) make provision for the publication or service of notice of applications and of the Controller’s decisions,

(g) prescribe the manner of dealing with objections to applications.

(6) Subject to the provisions of this section requiring the approval of the Treasury for regulations concerning fees, any regulations under this section shall be made by the Ministers by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P1 S. 9: for previous exercises of this power see Index to Government Orders

P2 S. 9(1): s. 9(1) (with s. 36) power exercised by S.I. 1991/655

10 The Tribunal. U.K.

(1) There shall be a [F21 Plant Varieties and Seeds Tribunal] in relation to which the provisions of Schedule 4 of this Act shall apply.

(2) Subject to this section, [F22 section 13 of the M3 Tribunal and Inquiries Act 1971] (appeals on questions of law) shall apply as if the Tribunal were included among the tribunals mentioned in subsection (1) of that section and, subject to that section, the decisions of the Tribunal shall be final and conclusive.

(3) The Tribunal shall, in addition to their jurisdiction under this Part of this Act, hear and determine any matters agreed to be referred to the Tribunal by any arbitration agreement relating to the infringement of plant breeders’ rights, or to matters which include the infringement of plant breeders’ rights, but subsection (2) of this section shall not apply in relation to any jurisdiction conferred on the Tribunal by this subsection.

(4) The fees payable to the Tribunal for acting under any arbitration agreement shall be such as the Tribunal may determine, and nothing in section 4 of the M4 Arbitration (Scotland) Act 1894 (power to name oversman) or in section 9 of the M5 Arbitration Act 1950 (agreements for reference to three arbitrators) shall be taken as applying to the Tribunal.

(5) Regulations may be made by the Ministers under this section as respects any appeal to the Tribunal under this Act, or under regulations made under this Act for all or any of the following purposes, that is—

(a) to provide for determining in which part of Great Britain any appeal is to be heard;

(b) to authorise persons other than the appellant and the Controller or other authority whose decision is appealed against to appear and be heard as parties to any appeal;

(c) to provide for suspending, or authorising or requiring the suspension of, the operation of a decision pending final determination of an appeal against a decision, and

(d) to provide for the publication of notices or the taking of other steps for securing that the persons affected by the suspension of the operation of a decision appealed against will be informed of its suspension.

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In the application of this section to England and Wales “arbitration agreement” has the meaning given by section 32 of the M6 Arbitration Act 1950.

Textual Amendments

F21 Words substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(5)

F22 Words substituted by Tribunals and Inquiries Act 1971 (c. 62), Sch. 3

Marginal Citations

M3 1971 c. 62.

M4 1894 c. 13.

M5 1950 c. 27.

M6 1950 c. 27.

11 The Plant Variety Rights Office. U.K.

(1) For the purposes of this Part of this Act there shall be an office to be known as the Plant Variety Rights Office which shall be under the immediate control of an officer appointed by the Ministers, to be known as the Controller of Plant Variety Rights.

(2) The Controller shall in the exercise of his functions, other than the taking of any decision from which an appeal lies to the Tribunal, act under the general direction of the Ministers.

(3) The Ministers may, in addition to the Controller, appoint a deputy controller and such other officers and servants to act in the Plant Variety Rights Office as the Ministers may with the consent of the Treasury determine, and there shall be paid to the Controller and any other officers and servants appointed under this section such remuneration and allowances as the Treasury may determine.

(4) Without prejudice to the Controller’s general discretion as to the manner in which he performs his duties under this Act, and subject to subsection (2) of this section, the Controller—

(a) in carrying out the tests and trials which he considers expedient for the purposes of this Part of this Act, and in assessing the results of any tests and trials (whether carried out by him or not) which he considers relevant for those purposes, may use the services of persons who are not officers or servants appointed under this section and may pay to such persons in respect of their services fees in accordance with such a scale as he may with the approval of the Treasury determine, and

(b) may establish and maintain reference collections of plant material, and

(c) may by means of grants of such amounts as he may with the approval of the Treasury determine defray or contribute towards the expenses incurred by any other person in maintaining any reference collection of plant material.

(5) Any act or thing directed to be done by or to the Controller may be done by or to any officer authorised by the Ministers, and prima facie evidence, or in Scotland sufficient evidence, of any document issued by the Controller may be given in all legal proceedings by the production of a copy or extract certified to be a true copy or extract by an officer appointed under this section and authorised to give a certificate under this subsection.

(6) There shall be an official seal for the Plant Variety Rights Office, which shall be officially and judicially noticed, and shall be authenticated by the signature of the Controller or of an officer appointed under this section and authorised to authenticate the seal.

(7) Any document purporting to be certified or sealed in accordance with subsection (5) or subsection (6) of this section shall, unless the contrary is proved, be deemed to have been duly certified or sealed without proof of the official character or handwriting of the person appearing to have certified the document or authenticated the seal.

12 F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F23 S. 12 repealed by Tribunals and Inquiries Act 1971 (c. 62), Sch. 4 Pt. I

13 False representations as to rights and false information. U.K.

(1) If a person falsely represents that he is entitled to exercise any plant breeders’ rights, or rights derived from plant breeders’ rights, whether or not the variety as respects which the representation is made is the subject of plant breeders’ rights, and he knows that the representation is false or makes the representation recklessly, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F24 level 3 on the standard scale] . . . F25

(2) If—

(a) any information submitted in an application to the Controller for a decision against which an appeal lies to the Tribunal, or any information submitted by or on behalf of the applicant in connection with such an application, or

(b) any information given in pursuance of a request under section 6(3) of this Act,

is false in a material particular and the person giving the information or making the statement knows that it is false or gives the information or makes the statement recklessly, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F24 level 3 on the standard scale] . . . F25

Textual Amendments

F24 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6

F25 Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 3, Sch. 2

14 Application of Part I to the Crown. U.K.

(1) If any servant or agent of the Crown infringes any plant breeders’ rights or makes himself liable to civil proceedings under section 5 of this Act, and the infringement or wrong is committed with the authority of the Crown, then civil proceedings in respect of the infringement or wrong shall lie against the Crown.

(2) Subject to the foregoing subsection, no proceedings shall lie against the Crown by virtue of the M7 Crown Proceedings Act 1947 in respect of the infringement of plant breeders’ rights or of any such wrong.

(3) This section shall have effect as if contained in Part I of the M8 Crown Proceedings Act 1947.

Marginal Citations

M7 1947 c. 44.

M8 1947 c. 44.

15 Interpretation of Part I. U.K.

(1) References in this Part of this Act to reproductive material are references to reproductive material of plant varieties, and include references—

(a) to seeds for sowing,

(b) to seed potatoes and other vegetative propagating material,

(c) to whole plants, as well as parts of plants, where whole plants may be used as reproductive material, and

(d) to [F26 plants or parts of plants of any ornamental variety when plants or parts of plants of that variety are] used commercially as propagating material in the production of ornamental plants and cut flowers.

[F27 (1A) References in this Part of this Act to offering or exposing for sale plants or material of any description include references to publishing, or causing to be published, any advertisement likely to be understood as conveying that the advertiser has plants or material of that description in his possession for the purpose of sale.]

(2) References in this Part of this Act to an applicant for plant breeders’ rights, or to the holder of plant breeders’ rights, include, where the context allows, references to his predecessors in title or his successors in title.

Textual Amendments

F26 Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 4(1)

F27 S. 15(1A) inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 4(2)

Part II U.K. Seeds and Seed Potatoes

Regulation of sales U.K.

16 Seeds regulations. U.K.

(1) The Minister, after consultation with representatives of such interests as appear to him to be concerned, may by statutory instrument make such regulations as appear to him to be necessary or expedient for the purpose—

(a) of ensuring that reliable and adequate information is afforded as to the nature, condition and quality of seeds which are sold or are for sale,

(b) of preventing the sale of seeds which are deleterious, and of preventing the sale of seeds which have not been tested for purity and germination, or which are of a variety the performance of which has not been subjected to trials,

(c) of preventing the spread of plant disease by [F28 means] of seeds,

(d) of regulating the descriptions under which seeds are sold, and

(e) of prescribing anything which, under this Part of this Act, is authorised or required to be prescribed,

and regulations under this section shall be known as seeds regulations.

[F29 (1A) Seeds regulations may further make provision for regulating the marketing, or the importation or exportation, of seeds or any related activities (whether by reference to officially published lists of permitted varieties or otherwise), and may in that connection include provision—

(a) for the registration or licensing of persons engaged in the seeds industry or related activities;

(b) for ensuring that seeds on any official list remain true to variety;

(c) for the keeping and inspection of records and the giving of information;

(d) for conferring rights of appeal to the Tribunal;

(e) for excluding, extending or modifying, in relation to or in connection with any provision of the regulations, the operation of any provision made by the following sections of this Part of this Act or of Part IV of this Act, and for the charging of fees.]

(2) Seeds regulations may include provisions as to the packets, bags, trays or other containers in which seeds may be sold or delivered to purchasers, and requirements as to the marking of such containers.

(3) Seeds regulations may in particular—

(a) require information to be given in the prescribed manner (which may include the giving of it on any label, container or package) as regards seeds which are sold or offered or exposed for sale and, in particular, require the seller of any seeds to deliver a statement containing the prescribed particulars to the purchaser within the time limited by the regulations,

(b) require any of the particulars contained in a statement to be delivered to a purchaser or other person under seeds regulations to be particulars ascertained on a test of the seeds,

(c) prohibit the selling, or the offering or exposing for sale, of seeds which contain more than a prescribed proportion of weed seeds, or of weed seeds of a prescribed kind,

(d) prohibit persons from using, in relation to seeds which are sold, or are offered or exposed for sale, a prescribed name or designation or description except where the seeds have been grown or selected under the prescribed conditions,

(e) require persons who deal in seeds to supply the Minister with information as to, and to keep records of,—

(i) transactions in seeds,

(ii) statutory statements given or received by them, and other statements or invoices given or received by them in connection with the sale of seeds,

(iii) processes or treatments applied to seeds, and

(iv) the results of tests of seeds,

and authorise officers of the Minister and other persons to call for production of the records,

(f) where persons who deal in seeds also grow seeds, require those persons to supply the Minister with information as to, and to keep records of—

(i) [F30 areas] sown, and

(ii) the yields of the crops,

and authorise officers of the Minister and other persons to call for production of the records,

(g) regulate the procedure to be observed at, and the conduct of, official testing stations and other establishments at which tests may be carried out for the purposes of the regulations,

(h) regulate the manner in which any tests are to be made for the purposes of this Part of this Act,

(i) provide for the licensing by the Minister of establishments for the testing of seeds, other than official testing stations, and authorise the Minister to charge a fee for, and to attach conditions to, any such licence and to make the conditions enforceable by withdrawal of the licence or by making a breach of any of the conditions an offence against seeds regulations.

(4) In prescribing the manner in which samples are to be taken for the purposes of any provision in this Part of this Act or for the purposes of seeds regulations, the regulations—

(a) may impose conditions as to the persons authorised to take samples and the places where they may be taken,

(b) may require the person taking a sample to give part of it to the owner of the seeds or to some other person, may prescribe the manner in which the sample is to be divided into parts and may impose duties as respects the marking or labelling and the preservation of the parts of the sample, and

(c) may provide for the identification, by the labelling or marking of their container or by some other method, of seeds from which a sample has been taken.

(5) Seeds regulations—

(a) may exempt, or authorise the Minister to exempt, any person or class of persons, or persons generally, from compliance with any of the provisions of the regulations, and may provide that the exemptions are to be, or may be made, subject to conditions, and

(b) may contain such transitional provisions consequent on the repeal of the M9 Seeds Act 1920 by this Act as may appear to the Minister to be expedient.

[F31 (5A) In determining any fees to be charged under seeds regulations the Minister may have regard to the costs incurred by him in connection with the enforcement of the regulations.]

(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) If any person—

(a) in a statutory statement includes anything which is false in a material particular, or

(b) contravenes any provision contained in seeds regulations [F32 he shall be liable on summary conviction to a fine not exceeding [F33 level 5 on the standard scale]].

[F34 (8) The Ministers acting jointly may make seeds regulations for the whole of Great Britain].

Subordinate Legislation Made

P3 S. 16: for previous exercises of this power see Index to Government Orders.

P4 S. 16(1)(1A)(e)(8) (with s. 36) power exercised by S.I. 1991/656.

S. 16(1)(1A)(e)(8) (with s. 36) power exercised by S.I. 1991/657.

P5 S. 16(1)(1A)(5)(8): s. 16(1) (with ss. 16(1A)(5)(8) and 36) power exercised by S.I. 1991/1601

S. 16(1)(8): s. 16(1) (with ss. 16(8) and 36) power exercised by S.I. 1991/1602

P6 S. 16(1)(1A)(e): s. 16(1) (with s. 16(1A)(e)) power exercised by S.I. 1991/1537

P7 S. 16(1)(1A)(2)(3)(4)(5)(8): s. 16(1) (with ss. 16(1A)(2)(3)(4)(5)(8) and 36) power exercised (E.W.S.) (30.9.1991) by S.I.1991/2206

Textual Amendments

F28 Word substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

F29 S. 16(1A) inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

F30 Word substituted by S.I. 1977/1112, reg. 2

F31 S. 16(5A) inserted (E.W.S.) by Agriculture Act 1986 (c. 49 SIF 2:1), s. 2

F32 Words substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

F33 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6

F34 S. 16(8) added by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(3)

Modifications etc. (not altering text)

C3 S. 16 (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch.

Marginal Citations

M9 1920 c. 54.

17 Civil liabilities of sellers of seeds. E+W+S

(1) If and so far as seeds regulations provide that a statutory statement shall constitute a statutory warranty for the purposes of this section, the statutory statement, when received by the purchaser, shall, notwithstanding any contract or notice to the contrary, have effect as a written warranty by the seller that the particulars contained in the statutory statement are correct.

(2) If and so far as seeds regulations apply this subsection to the particulars in a statutory statement and prescribe limits of variation in relation to those particulars, those particulars shall, for the purposes of any legal proceedings on a contract for the sale of the seeds to which the statutory statement relates, be deemed to be true except so far as there is a mis-statement in the statutory particulars which exceeds the limits of variation so prescribed.

(3) If and so far as seeds regulations apply this subsection to the particulars in a statutory statement, the particulars in the statutory statement shall, for the purposes of any legal proceedings on a contract for the sale of the seeds to which the statutory statement relates, be deemed to be true unless it is made to appear on a test carried out at an official testing station, and made on a sample taken in the manner, and within the period, prescribed by seeds regulations, that the particulars were untrue.

(4) Where a purchaser intends to obtain a test of seeds for the purposes of subsection (3) of this section, the seller of the seeds shall be given written notice of the purchaser’s intention not more than the prescribed period after delivery to the purchaser of the seeds under the sale, and seeds regulations shall prescribe a procedure for taking a sample of seeds to be tested for the purposes of that subsection which will afford to the seller of the seeds or his agent an opportunity of being present when the sample is taken, and of obtaining part of the sample.

(5) A contravention of seeds regulations shall not affect the validity of a contract for the sale of seeds, or the right to enforce such a contract.

(6) In Scotland a contract for the sale of seeds may not be treated as repudiated by reason only of a breach of a written warranty having effect by virtue of subsection (1) of this section.

Modifications etc. (not altering text)

C4 S. 17(2) applied (1.9.1993) by: S.I. 1993/2005, reg. 10(2); S.I. 1993/2006, reg. 10(2); S.I. 1993/2007, reg. 10(2); S.I. 1993/2008, reg. 11(2); S.I. 1993/2009, reg. 10(2)

C5 S. 17(2) applied (E.) (31.1.2003) by: S.I. 2002/3171, reg. 24(2); S.I. 2002/3172, reg. 27(2); S.I. 2002/3173, reg. 27(2); S.I. 2002/3174, reg. 27(2); S.I. 2002/3175, reg. 27(2)

C6 S. 17(3) applied (1.9.1993): by S.I. 1993/2005, reg. 10(3); S.I. 1993/2006, reg. 10(3); S.I. 1993/2007, reg. 10(3); S.I. 1993/2008, reg. 11(3); S.I. 1993/2009, reg. 10(3)

C7 S. 17(3) applied (E.) (31.1.2003) by: S.I. 2002/3171, reg. 24(3); S.I. 2002/3172, reg. 27(3); S.I. 2002/3173, reg. 27(3); S.I. 2002/3174, reg. 27(3); S.I. 2002/3175, reg. 27(3)

18 Defences in proceedings for offences against seeds regulations. U.K.

(1) If and so far as seeds regulations for the purposes of this section prescribe limits of variation in relation to the particulars in a statutory statement, it shall be a defence to proceedings under this Act for including in a statutory statement any false particulars to prove that the mis-statements in the particulars alleged to be false do not exceed the limits of variation so prescribed.

(2) Subject to the provisions of this section, it shall be a defence—

(a) to proceedings under this Part of this Act for including false particulars in a statutory statement,

(b) to proceedings under this Part of this Act [F35 for any other offence],

to prove—

(i) that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him, and

(ii) where the accused obtained the seeds to which the alleged offence relates from some other person, that on demand by or on behalf of the prosecutor the accused gave all the information in his power with respect to the name and address of that other person, and with respect to any statutory statement or other document in his possession or power relating to the seeds, and the contract of sale.

(3) If in any such proceedings as are mentioned in subsection (2)(a) of this section any of the particulars alleged to be false are particulars which, by seeds regulations, are to be particulars ascertained by means of a test made in accordance with the regulations, the defence under subsection (2) of this section shall not be available unless it is proved—

(a) that those particulars were ascertained on such a test and that the test was made not earlier than the date, if any, prescribed by seeds regulations for the purpose, or

(b) that—

(i) the accused purchased the seeds from another person who, in connection with the sale, duly delivered to the accused a statutory statement giving particulars of the seeds which were the same as the particulars alleged to be false, and

(ii) the accused had no reason to believe that paragraph (a) of this subsection did not apply in relation to those particulars.

Textual Amendments

F35 Words substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

Modifications etc. (not altering text)

C8 S. 18(2) (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch.

19 Presumption as respects statutory statements under seeds regulations. U.K.

For the purposes of this Part of this Act and of any seeds regulations, any statutory statement made as respects seeds which are in distinct portions shall be presumed to be made both as respects the seeds as a whole and also as respects each portion taken separately.

20—23A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F36 U.K.

Textual Amendments

F36 Ss. 20—23A repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

Official testing stations E+W+S

24 Official testing stations and certificates of test. E+W+S

(1) Subject to this section, the Minister of Agriculture, Fisheries and Food and the Secretary of State shall respectively continue to maintain the official seed testing stations established for England and Wales and for Scotland under the M10 Seeds Act 1920.

(2) The Ministers may unite in establishing and maintaining, on such terms as may be agreed between them, a common official seed testing station for the whole of Great Britain.

(3) Either or both of the Ministers may at any time alter the arrangements made by them for official seed testing stations for England and Wales and for Scotland respectively, and any official seed testing station established by either or both of them may be established in conjunction with any other bodies or persons.

(4) The Minister or Ministers concerned may, subject to the approval of the Treasury, authorise the charging of fees for the services given at an official seed testing station.

(5) A certificate of the result of a test at an official seed testing station of a sample taken by an authorised officer for the purposes of this Part of this Act shall be in the form prescribed by seeds regulations.

(6) A certificate of the result of a test at an official seed testing station of a sample taken for the purposes of this Act, and purporting to be issued by an officer of an official seed testing station,—

(a) if the sample was taken by an authorised officer, shall, if a copy of the certificate has been served on the accused with the summons or complaint, be sufficient evidence of the facts stated in the certificate in any proceedings for an offence under this Part of this Act, and

(b) if the sample was taken by a person other than an authorised officer in order to obtain the test for the purposes of section 17(3) of this Act, shall be sufficient evidence of the facts stated in the certificate in any such legal proceedings as are mentioned in that subsection,

unless, in either case, either party to the proceedings requires that the person under whose direction the test was made be called as a witness; and in that event, in the case of proceedings in Scotland, the evidence of that person shall be sufficient evidence of the facts stated in the certificate.

(7) In any proceedings for an offence under this Part of this Act in which a copy of a certificate of the result of a test has been served with the summons or complaint in pursuance of paragraph (a) of the last foregoing subsection, the accused, unless the court otherwise directs, shall not be entitled to require that the person under whose direction the test was made be called as a witness unless he has, at least three clear days before the day on which the summons is returnable or, in Scotland, the case proceeds to trial, given notice to the prosecutor that he intends to do so.

Marginal Citations

M10 1920 c. 54.

Supplemental U.K.

Modifications etc. (not altering text)

C9 Ss. 25—27, 30 so far as they relate to ss. 20—23 and s. 29 extended (N.I.) by S.I. 1964/1574, art. 1, Sch.

25 Powers of entry. U.K.

(1) The powers of entry conferred by subsections (3) and (4) of this section may be exercised for the purpose of exercising—

(a) the further powers conferred by subsections (5) and (6) of this section, or

(b) any powers of calling for, inspecting or taking copies of records or other documents conferred by seeds regulations,

or for the purpose of ascertaining whether there is, or has been, on or in connection with the premises (including any vehicle or vessel) any contravention of any provision contained in this Part of this Act or in seeds regulations.

(2) This section shall not authorise entry into any premises which are used exclusively as a private dwelling.

(3) Any person duly authorised by the Minister in that behalf may, on production if so required of his authority, at all reasonable hours enter any premises which he has reasonable cause to believe to be used for any purpose of a business in the course of which seeds are sold, whether the sale is by wholesale or retail, and whether the person conducting it acts as principal or agent.

(4) Any person duly authorised by the Minister in that behalf may, on production if so required of his authority, at all reasonable hours enter any premises on which he has reasonable cause to believe that there are any seed potatoes which have been sold and which are to be delivered, or are in the course of delivery, to the purchaser, and the power of entry under this subsection may be exercised when the seed potatoes are in transit in the course of delivery to the purchaser, and in particular when they are in any vehicle or vessel in the course of delivery.

(5) A person may, on any premises (including any vehicle or vessel) which he has power under this section to enter for the purpose of exercising the powers conferred by this subsection, examine any seeds which he finds there and may without payment take samples of any seeds so found.

(6) The owner of any seeds which are offered or exposed for sale, or are stored for purposes of sale, or any person authorised to sell those seeds, may be required by a person duly authorised by the Minister in that behalf to deliver to him such a statement, if any, as the person selling them would by seeds regulations be obliged to deliver to a purchaser of those seeds, and to deliver it within the time prescribed for such a statement.

(7) If any person fails to comply with a requirement under subsection (6) of this section he shall be liable on summary conviction—

[F37 to a fine not exceeding [F38 level 3 on the standard scale]]

and references in this Part of this Act to a statutory statement shall include references to a statement delivered under subsection (6) of this section.

(8) This section shall apply as respects—

(a) all kinds of seeds in respect of which an offence may under any circumstances be committed under seeds regulations as for the time being in force, . . . F39

(b)

F39 (9) A person who obstructs or impedes any person acting in the exercise of the powers conferred by this section shall be liable on summary conviction to a fine not exceeding twenty pounds.

Textual Amendments

F37 Words substituted for s. 25(7) paras. (a)(b) by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

F38 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F39 Word “and” and s. 25(8)(b) repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

Modifications etc. (not altering text)

C10 S. 25 modified by S.I. 1984/412, art. 22

S. 25 modified (S.) (7.7.2000) by S.S.I. 2000/201, reg. 21

S. 25 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

C11 S. 25 modified (11.10.1991) by S.I. 1991/2206, reg. 23(1)(2) (with regs. 4, 5)

C12 S. 25(1) modified (11.10.1991) by S.I. 1991/2206, reg. 23(3) (with regs. 4, 5)

C13 S. 25(4) excluded (11.10.1991) by S.I. 1991/2206, art. 23(4) (with regs. 4, 5)

C14 S. 25(9) has effect as if the new penalty there mentioned was a fine not exceeding level 3 on the standard scale by virtue of (E.W.) 1982 c. 48, s. 39, Sch. 3 and by (S.) 1975 c. 21, s. 289H, Sch. 7 (which 1975 Act was repealed (1.4.1996) (S.) by 1995 c. 40, s. 6(1), Sch. 5 (with s. 6(2), Sch. 6)) and (1.4.1996) (S.) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III (with Sch. 3 paras. 1, 16, 17)

26 Use of samples in criminal proceedings. U.K.

(1) Evidence shall not be adduced in proceedings for an offence under this Part of this Act respecting a sample taken by an authorised officer unless the sample was taken in the manner prescribed by seeds regulations.

(2) Seeds regulations shall provide for the sample being divided into at least two parts, and for one of the parts being given to the owner of the seeds or to such other person as may be prescribed by seeds regulations, and shall provide for a third part of the sample to be retained for production in all cases where use of it may be made by the court under this section.

(3) A certificate in the form prescribed by seeds regulations purporting to be issued by an authorised officer and stating that a sample was taken in the prescribed manner shall be sufficient evidence of the facts stated in the certificate.

(4) If part of a sample taken by an authorised officer is sent to the chief officer of an official testing station, it shall be so sent as soon as practicable after the sample is taken, and the person to whom any other part of the sample is given shall be informed before the first-mentioned part is sent.

(5) A copy of a certificate issued by an official testing station stating the result of a test of part of a sample taken by an authorised officer shall be sent to the person to whom any other part of the sample is given.

(6) In any proceedings for an offence under this Part of this Act in respect of seeds which have been sampled by an authorised officer, the summons shall not be made returnable, and, in Scotland, the case shall not proceed to trial, less than fourteen days from the day on which the summons or complaint is served, and a copy of any certificate of an official testing station which the prosecutor intends to adduce as evidence shall be served with the summons or complaint.

(7) In proceedings for including in a statutory statement false particulars concerning matters which are under seeds regulations to be ascertained, for the purpose of the statement, by a test of the seeds, if any sample of the seeds has been taken by an authorised officer, the third part of that sample required by seeds regulations to be retained as mentioned in subsection (2) of this section shall be produced at the hearing.

(8) The court may, if it thinks fit, on the request of either party, cause the part so produced to be sent to the chief officer of an official testing station, who shall transmit to the court a certificate of the result of a test of that part of the sample.

(9) If, in a case where an appeal is brought, no action has been taken under the last foregoing subsection the provisions of that subsection shall apply also to the court by which the appeal is heard.

(10) A sample taken before the coming into force of this Part of this Act in accordance with section 4 of the M11 Seeds Act 1920 shall be regarded as taken in the prescribed manner for the purposes of subsection (1) of this section.

Modifications etc. (not altering text)

C15 S. 26 modified by S.I. 1984/412, art. 22

C16 S. 26 modified (S.) (7.7.2000) by S.S.I. 2000/201, reg. 21

S. 26 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

C17 S. 26(2)(4)(5)(6)(7)(8)(9) excluded (11.10.1991) by S.I. 1991/2206, reg. 23(1)(5) (with regs. 4, 5)

Marginal Citations

M11 1920 c. 54.

27 Tampering with samples. U.K.

(1) If any person—

(a) tampers with any seeds so as to procure that a sample taken in the manner prescribed by seeds regulations for any purpose does not correctly represent the bulk of the seeds, or

(b) tampers with any sample so taken, or

(c) with intent to deceive sends, or causes or allows to be sent to any official testing station or licensed testing establishment, to be tested for any purpose, a sample of seeds which to his knowledge does not correctly represent the bulk of the seeds,

he shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both.

(2) In this section “licensed testing establishment” means an establishment licensed under seeds regulations for the testing of seeds.

Modifications etc. (not altering text)

C18 S. 27 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

C19 S. 27(1) has effect as if the fine mentioned was a fine of level 5 on the standard scale by virtue of (E.W.) 1982 c. 48, s. 39, Sch. 3 and by (S.) 1975 c. 21, s. 289H, Sch. 7 (which 1975 Act was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and (1.4.1996) (S.) by virtue of 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III (with Sch. 3 paras. 1, 16, 17)

28 Institution of criminal proceedings. E+W+S

(1) Notwithstanding anything in [F40 section 127(1) of the M12 Magistrates’ Courts Act 1980] or [F41 section 331 of the M13 Criminal Procedure (Scotland) Act 1975] (time limit for proceedings), where a part of a sample has been tested at an official testing station proceedings for including in a statutory statement false particulars concerning the matters which are under seeds regulations to be ascertained, for the purposes of the statement, by a test of the seeds, being proceedings relating to the seeds from which the sample was taken, may be brought at any time not more than six months from the time when the sample was taken.

(2) If at any time before a test is begun at an official testing station to ascertain whether a part of a sample of seeds is of a specified variety or type, and not more than six months after the sample was taken, the person to whom any other part of the sample was given, or any other person, is notified in writing by an authorised officer that it is intended so to test the seeds and that, after the test, proceedings may be brought against that person for including in a statutory statement a false statement that seeds were of a specified variety or type, then notwithstanding anything in [F42 the said section 127(1)] or [F41 331], any such proceedings relating to the seeds from which the sample was taken may be brought against the person so notified at any time not more than two years from the time when the sample was taken.

A certificate purporting to be issued by an authorised officer and stating that a person was so notified shall be sufficient evidence of that fact.

(3) Proceedings for an offence under this Part of this Act relating to a statutory statement which has been delivered to a purchaser of seeds, or relating to seeds which have been sold and delivered to the purchaser, may be brought before a court having jurisdiction at the place of delivery of the statement or seeds.

Textual Amendments

F40 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 44(a)

F41 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)

F42 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 44(b)

Modifications etc. (not altering text)

C20 S. 28(3) (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch. 1

Marginal Citations

M12 1980 c. 43.

M13 1975 c. 21.

29 Application of Part II to seed potatoes. U.K.

(1) This Part of this Act applies to seed potatoes [F43 to any other vegetative propagating material and to silvicultural planting material] as it applies to seeds, and accordingly, except where the context otherwise requires, references in this Part of this Act to seeds include references to seed potatoes [F43 to any other vegetative propagating material and to silvicultural planting material].

[F44 (2) The Forestry Commissioners may establish and maintain an official seed testing station for silvicultural propagating and planting material, and seeds regulations may confer on those Commissioners any functions the regulations may confer on a Minister, and the Commissioners may charge or authorise the charging of fees for services given at any such station or in connection with any such functions; and accordingly—

(a) references in this part of the Act to an authorised officer shall include an officer of those Commissioners; and

(b) in section 25 above the references in subsections (3), (4) and (6) to a person duly authorised by the Minister shall include a person duly authorised by the Commissioners.

Any expenses incurred or fees received by the Commissioners by virtue of this subsection shall be paid out of or into the Forestry Fund.

(3) In relation to matters concerning silvicultural propagating or planting material or concerning the Forestry Commissioners, “the Minister” shall in this Part of this Act mean, in relation to Wales and Monmouthshire, the Secretary of State, and the reference in section 16(8) to the Ministers shall be construed accordingly.]

Textual Amendments

F43 Words inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

F44 S. 29(2)(3) added by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

Modifications etc. (not altering text)

C21 S. 29(2) amended (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 2; S.I. 1998/3178, art. 2

30 Interpretation of Part II. U.K.

(1) In this Part of this Act, unless the context otherwise requires,—

• “authorised officer” means an officer of the Minister or a person authorised by the Minister to execute this Part of this Act;

• “official testing station” means an official seed testing station maintained . . . F45 under this Part of this Act;

• “seeds” includes agricultural and horticultural seeds, vegetable seeds, flower seeds, seeds of grasses, whether used for agricultural purposes or other purposes, and seeds of trees;

• “statutory statement” means a statement given in pursuance of seeds regulations, whether the statement be in the form of a notice or other document, or in the form of particulars given on any label or container or package, or in any other form, and includes a statement delivered under section 25(6) of this Act.

(2) In this Part of this Act references to a contravention of any provision contained in this Act or in seeds regulations include references to a failure to comply with such a provision, and references to a contravention of any provision contained in seeds regulations include references to anything which, by the regulations, is expressed to be an offence against a provision contained in the regulations and also include references to any failure to comply with a condition subject to which an exemption is granted by or under seeds regulations.

(3) In this Part of this Act any reference to an offence under this Part of this Act includes, unless the context otherwise requires, a reference to a contravention of any provision contained in seeds regulations.

Textual Amendments

F45 Words repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

Modifications etc. (not altering text)

C22 S. 30 (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch.

C23 S. 30(2) applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

31 †Repeals and consequential amendment. E+W+S

(1) The enactments mentioned in Schedule 6 to this Act (which include certain enactments which were obsolete before the passing of this Act) shall, except for the purposes of proceedings for offences thereunder committed before the coming into force of this Part of this Act, be repealed to the extent specified in the third column of that Schedule.

(2)F46

Textual Amendments

F46 S. 31(2) repealed by Trade Descriptions Act 1968 (c. 29), Sch. 2

Modifications etc. (not altering text)

C24 Unreliable margin note

Part III E+W+S Control of Imports and Prevention of Cross-Pollination

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F47 E+W+S

Textual Amendments

F47 S. 32 repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

33 Measures to prevent injurious cross-pollination affecting crops of seeds. E+W+S

(1) This section shall have effect for the purpose of maintaining the purity of seed of any types and varieties of plants of any species of the genus Allium, Beta or Brassica.

(2) The Minister may by order bring this section into force in an area in any part of Great Britain in which persons are engaged in growing crops of seeds of any type or variety of plant mentioned in subsection (1) of this section if he is satisfied that in that area satisfactory arrangements (whether legally enforceable or not) have been made for locating such crops so as to isolate them from crops or plants which might cause injurious cross-pollination.

(3) An order under this section—

(a) shall be made after consultation with the persons responsible for the arrangements mentioned in subsection (2) of this section, and with persons representative of such other interests as appear to the Minister to be concerned, and

(b) shall be made by statutory instrument and may be varied or revoked by a subsequent order so made.

(4) An order under this section—

(a) shall state which of the types and varieties of plants mentioned in subsection (1) of this section are protected by the order, and

(b) shall specify the kinds of crops and plants which are to be controlled in the area to which the order relates, and

(c) may relate to more than one area and, if so, may make different provision under paragraphs (a) and (b) of this subsection in respect of the different areas to which it relates;

and in this section, in relation to an area to which an order under this section relates—

(i) “protected crop” means a crop of a type or variety of plant which is protected by the order in that area, being a crop grown for the purpose of producing seeds, and

(ii) “controlled crops or plants” means crops, grown for any purpose, of the types or varieties of plants which are protected by the order in that area, and such additional kinds of crops or plants, whether grown or self-sown and whether of those or any other types or varieties, as may be specified in the order for the purposes of this definition in that area.

(5) If in an area where this section is in force controlled crops or plants are growing and, on an application made in accordance with Schedule 7 to this Act, the Minister is satisfied—

(a) that they are causing or may cause injurious cross-pollination in a protected crop which is being grown in the area, and

(b) in the case of controlled crops or plants which are not self-sown, that the person growing them did not give to the persons responsible for the arrangements mentioned in subsection (2) of this section such notice of his intention to grow those crops or plants to the flowering stage as would have enabled them to take any appropriate steps for altering the arrangements,

the Minister may serve a notice on the occupier of the land where the controlled crops or plants are growing requiring him to take such steps as may be specified in the notice for the purpose of preventing any of the controlled crops or plants from causing or continuing to cause injurious cross-pollination in the protected crop.

(6) If the person served with a notice under this section does not comply with any requirement in the notice, the Minister may enter and do what that person has failed to do or, if in the opinion of the Minister that would no longer serve the purpose for which the notice was served, may take such other action as appears to the Minister appropriate for that purpose; and where, when the default occurs, further obligations remain under the notice, the Minister may also take such action as appears to him appropriate to meet the purposes for which those further obligations were imposed.

The Minister may recover from the person on whom the notice was served a sum equal to the reasonable cost incurred by the Minister in taking any action under this subsection.

(7) Without prejudice to the power of proceeding under the last foregoing subsection, a person who unreasonably fails to comply with any requirement in a notice under this section shall be liable on summary conviction—

(a) in the case of a first offence under this subsection, to a fine not exceeding [F48 twenty pounds][F48 level 3 on the standard scale], and

(b) in the case of a second or subsequent offence under this subsection, to a fine not exceeding [F48 fifty pounds][F48 level 3 on the standard scale].

(8) A person duly authorised by the Minister may, on production if so required of his authority, at all reasonable hours enter on any land (but not into any dwellinghouse) in an area where this section is in force for the purpose of ascertaining whether controlled crops or plants are growing on the land or of inspecting and taking samples of any controlled crops or plants growing on the land.

(9) A notice under this section or Schedule 7 to this Act may be served by leaving it at, or sending it by post addressed to, the last known address of the person on whom it is to be served, and if it is not practicable after reasonable inquiry to ascertain his name and address, the notice may be served by addressing it to him as “the occupier” of the land and affixing it or a copy of it to some conspicuous object on the land.

(10) A person who obstructs or impedes a person acting in the exercise of the powers conferred by subsection (6) or subsection (8) of this section shall be liable on summary conviction to a fine not exceeding [F49 level 1 on the standard scale].

(11) In this section, and in the said Schedule—

• “the occupier” means, in the case of unoccupied land, the person entitled to occupy the land;

• “protected crop” and “controlled crops or plants” have the meanings respectively assigned by subsection (4) of this section.

Textual Amendments

F48 Words “level 3 on the standard scale” substituted (S.) for “twenty pounds” and “fifty pounds” respectively by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F49 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C25 S. 33(7): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Part IV U.K. General

Modifications etc. (not altering text)

C26 Pt. IV (except s. 40) extended (N.I.) by S.I. 1964/1574, art. 1, Sch.

C27 Provisions of Pt. I and of Pt. IV in its application to the said Pt. I extend to the Isle of Man subject to specified exceptions, adaptations and modifications by S.I. 1969/1829 art. 2, Sch.

34 The gazette. U.K.

(1) The Ministers shall from time to time publish a gazette (in this Act referred to as “the gazette”), and shall use the gazette as one of the means of publishing notice of matters to be published under this Act.

(2) It shall be no defence in civil or criminal proceedings to show that at any time a person did not know of an entry in the register under section 5 of this Act, . . . F50 , if before that time notice of that entry . . . F50 had been published in the gazette.

Textual Amendments

F50 Words repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

35 General provisions as to offences. U.K.

(1) Where an offence punishable under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Proceedings for any offence punishable under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a person before the appropriate court in Great Britain having jurisdiction in the place where that person is for the time being.

36 Supplemental provisions as to regulations. U.K.

Regulations under this Act—

(a) may make different provision for different types or classes of plant varieties, for different seasons of the year and for other different circumstances, and

(b) may contain such supplemental, incidental and transitional provisions as may appear to the Minister or Ministers making the regulations to be expedient.

Subordinate Legislation Made

P8 S. 36: s. 16(1), (1A)(e) and (8) (with s. 36) power exercised by S.I. 1991/656.

S. 36: s. 16(1), (1A)(e) and (8) (with s. 36) power exercised by S.I. 1991/657.

S. 36: s. 9(1) (with s. 36) power exercised by S.I. 1991/655

P9 S. 36: for previous exercises of this power see Index to Government Orders.

P10 S. 36: s. 16(1) (with ss. 16(1A)(5)(8) and 36) power exercised by S.I. 1991/1601

S. 36: s. 16(1) (with ss. 16(8) and 36) power exercised by S.I.1991/1602.

S. 36: s. 16(1) (with ss. 16(1A)(2)(3)(4)(5)(8) and 36) power exercised (30.9.1991) by S.I. 1991/2206

37 Departmental expenses and payments into Exchequer. U.K.

(1) There shall be paid out of moneys provided by Parliament—

(a) the remuneration and allowances of the Controller and other officers and servants appointed under section 11 of this Act,

(b) the remuneration and allowances of members of the Tribunal and of the officers and servants of the Tribunal appointed by the Ministers, and such other expenses of the Tribunal as the Treasury may determine,

(c) to such extent as the Treasury may approve, any expenses incurred by the Controller in the discharge of his functions under this Act (including any sums paid by way of fees or grants under section 11(4) of this Act), and any other expenses incurred in the operation of the Plant Variety Rights Office,

(d) (so far as not falling under the foregoing paragraphs) any expenses incurred by a Minister in the execution of this Act, and

(e) any increase attributable to this Act in the sums payable out of money so provided under the Superannuation Acts 1834 to 1960.

(2) Any fees received by virtue of this Act by a Minister or the Controller or the Tribunal shall be paid into the Exchequer.

38 Interpretation. U.K.

(1) In this Act—

• “the Controller” means the Controller of Plant Variety Rights;

• “the Minister” means [F51 (subject to section 29(3))], as respects England and Wales, the Minister of Agriculture, Fisheries and Food and, as respects Scotland, the Secretary of State; and “the Ministers” means, except as otherwise expressly provided, [F52 the Minister, the Secretary of State for Scotland and the Secretary of State for Wales] acting jointly;

• “plant variety” [F53 includes] any clone, line, hybrid or genetic variant;

• “the Tribunal” means the Tribunal established under Part I of this Act;

• “variety”, unless the context otherwise requires, means plant variety.

(2) References in this Act to seeds are references to seeds for sowing.

(3) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment, including this Act.

Textual Amendments

F51 Words inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

F52 Words substituted by S.I. 1978/272, Sch. 5 para. 10

F53 Word substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 5

39 Extension of Act to Northern Ireland. U.K.

(1) This Act, so far as not expressly extended to Northern Ireland by any provision contained in this Act or by any Order in Council under the next following subsection, shall not extend to Northern Ireland; . . . F54

(2) Her Majesty may, by an Order in Council made under this subsection in pursuance of resolution passed by the two Houses of the Parliament of Northern Ireland, direct that—

(a) the provisions of Part I of this Act, and

(b) any of the provisions of Part II or this Part of this Act specified in the Order,

shall (whether as originally enacted or as they have effect by virtue of any Order in Council under the next following section) extend to Northern Ireland; and any such Order in Council may be varied or revoked by a subsequent Order in Council made under this subsection in pursuance of such resolutions as aforesaid.

(3) While any of the provisions of this Act extend to Northern Ireland by virtue of an Order in Council under subsection (2) of this section, they shall (without prejudice to the validity of anything previously done under this Act)—

(a) have effect as if—

(i) any reference to Great Britain were a reference to the United Kingdom; and

(ii) any reference to “the Ministers” included the Secretary of State concerned with agriculture in Northern Ireland; and

(b) in their application to Northern Ireland, have effect as if—

(i) references to sections 9 and 32 of the M14 Arbitration Act 1950 were respectively references to sections 12 and 30 of the Arbitration Act (Northern Ireland) 1937;

(ii) references to [F55 section 127(1) of the M15 Magistrates’ Courts Act 1980] were references to any corresponding provision of the law of Northern Ireland;

(iii) in section 10(6), for the reference to England and Wales there were substituted a reference to Northern Ireland;

(iv) after paragraph 3 of Schedule 4 there were inserted the following paragraph—

“3A. In relation to proceedings before the Tribunal in Northern Ireland—

(a) paragraphs 1 and 2 of this Schedule shall have effect as if for the references to the Lord Chancellor there were substituted references to the Lord Chief Justice of Northern Ireland [F56 and as if for the references to a qualifying person there were substituted references to a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.], and

(b) references in paragraphs 5 and 8 of this Schedule to the chairman or deputy chairman shall be construed respectively as references to the chairman or deputy chairman appointed for such proceedings” ;

. . . F57

(v) in paragraph 9(1) of Schedule 4, for the words from “in the county court” to the end of that sub-paragraph there were substituted the words “by the taxing master of the Supreme Court of Judicature of Northern Ireland according to such of the scales provided for equity suits or proceedings in the county courts under the M16 County Courts Act (Northern Ireland) 1959 as may be directed by the order or, if the order gives no direction, by the taxing master”. [F58 and

(vi) in paragraph 9(3) of Schedule 4, after the words “this Act” there were inserted the words “or the Seeds Act (Northern Ireland) 1965”]

(4) While any provisions of this Act extend to Northern Ireland by virtue of an Order in Council under subsection (2) of this section, they shall have effect subject to such exceptions, adaptations and modifications as may be specified in the Order; and in the application of those provisions to Northern Ireland any reference to any enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modification.

(5) If the Parliament of Northern Ireland pass legislation amending or repealing the M17 Seeds Act 1920, Her Majesty may by Order in Council made under this subsection direct that that legislation (and any related enactments forming part of the law of Northern Ireland), and any provisions in Part II or this Part of this Act, shall have effect subject to such exceptions, adaptations and modifications as may appear to Her Majesty to be expedient for the purpose of securing that the two systems of legislation operate, to such extent as may be specified, as a single system; and any such Order in Council may be varied or revoked by a subsequent Order in Council under this subsection.

(6) An Order in Council under subsection (2) or subsection (5) of this section may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient.

Textual Amendments

F54 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F55 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43), Sch. 8 para. 5

F56 Words inserted as provided by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 21(4)

F57 Word repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 6, Sch. 2

F58 S. 39(3)(b)(vi) and word “and” immediately preceding it inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 6

Modifications etc. (not altering text)

C28 S. 39 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(1)

C29 References to Parliament of Northern Ireland to be construed as including references to the Northern Ireland Assembly: S.I. 1973/2163, Sch. 5 para. 17

C30 Reference to a resolution passed by the two Houses of the Parliament of Northern Ireland to be construed as including reference to a resolution of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 3(1)

C31 S. 39(3)(4) extended by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(3)

Marginal Citations

M14 1950 c. 27.

M15 1980 c. 43.

M16 1959 c. 25 (N.I.)

M17 1920 c. 54.

40 Extension of Act to Isle of Man and Channel Islands. E+W+S

Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall (whether as originally enacted or as they have effect by virtue of any Order in Council under the last foregoing section) extend, subject to such exceptions, adaptations and modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands; and any such Order in Council may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient, and may be varied or revoked by a subsequent Order in Council.

Modifications etc. (not altering text)

C32 S. 40 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(2)

41 Short title and commencement. U.K.

(1) This Act may be cited as the Plant Varieties and Seeds Act 1964.

(2) Parts II and III of this Act shall come into force on such day as the Minister of Agriculture, Fisheries and Food and the Secretary of State may by order contained in a statutory instrument appoint, and orders under this subsection may appoint different dates for different provisions or different purposes.

Modifications etc. (not altering text)

C33 Power of appointment conferred by s. 41(2) fully exercised as regards all unrepealed provisions; S.I. 1966/276, 1968/206, 1973/928, 1978/1002