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Agriculture (Miscellaneous Provisions) Act 1968

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This is the original version (as it was originally enacted).

Schedule 7Minor amendments of plant varieties and seeds act 1964

In section 1, in subsection (4), at the end there shall be added the words

or any decision preliminary to the determination of such an application as to the conditions laid down in section 2 of this Act

. In section 20, subsection (5) shall be omitted. In section 21, in subsection (1), the words

but which is not in the Indexshall be omitted, and at the end there shall be added the words" but is not given in that section of the Index or is not so given for that variety ". In section 22, in subsection (6), after the words" for the purpose " there shall be inserted the words " of increasing the stock of the person who acquired it, or for the purpose ". . In section 23, for the words" any of the three last foregoing sections ", wherever those words occur, there shall be substituted the words

section 21 or section 22 of this Act. After section 23, there shall be inserted the following section:—

23AThe power of the Ministers to make regulations for the purposes of sections 20 and 22 of this Act shall include power to make such provision as they consider appropriate for requiring the making of applications under each of these sections in respect of any plant variety, for synchronising or co-ordinating such applications, and for regulating the commencement of trials pursuant thereto. In Schedule 1, in paragraph 1(3), for the words" the applicant from making" there shall be substituted the words

the making of

. In Schedule 1, in paragraph 1(5), for the words " shall not give " there shall be substituted the words

may refuse,

and at the end there shall be added the words

or that the rule set out in paragraph 2 of Part II of Schedule 2 to this Act is not complied with in the case of the variety

. In Schedule 1, in paragraph 3(2), at the end there shall be added the words

not being a decision given on the application of the applicant in whose favour the direction was made. In Schedule 1, in paragraph 4, after sub-paragraph (1) there shall be inserted the following sub-paragraph—

(1A)An appeal shall lie to the Tribunal against a decision under this paragraph to terminate the period for which plant breeders' rights are exercisable. In Part II of Schedule 2, in paragraph 2(5), the words " which having been ", and the words from " has been found " to the end, shall be omitted.

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