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Plant Varieties and Seeds Act 1964

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This is the original version (as it was originally enacted).

9(1)The Tribunal in exercising their statutory jurisdiction may order any party to the proceedings to pay to any other party to the proceedings either a specified sum in respect of the costs incurred by the second-mentioned party in the proceedings, or the taxed amount of those costs ; and any costs required by an order under this sub-paragraph to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court.

(2)The Lord Chancellor may by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make rules as to the procedure in connection with proceedings brought before the Tribunal in exercise of their statutory jurisdiction and, subject to the approval of the Treasury, as to the fees chargeable in respect of those proceedings, and the rules may in particular make provision—

(a)as to the circumstances in which the Tribunal need not sit, or is not to sit, in public,

(b)as to the form of any decision of the Tribunal,

(c)as to the time within which any proceedings are to be instituted,

(d)as to the evidence which may be required or admitted in any proceedings.

(e)as to the examination of the parties, and of witnesses, on oath or affirmation in any proceedings,

(f)as to the procedure for securing the attendance of witnesses and the production of documents in any proceedings.

(3)In this paragraph " statutory jurisdiction " means any jurisdiction of the Tribunal exercisable by or under this Act, except for their jurisdiction in any reference under an arbitration agreement.

(4)In relation to proceedings in Scotland this paragraph shall have effect as if for sub-paragraph (1) there were substituted the following—

(1)The Tribunal in exercising their statutory jurisdiction may order that the expenses of any proceedings before it incurred by any party shall be paid by any other party, and may tax or settle the amount of any expenses to be paid under any such order or direct in what manner they are to be taxed.

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