The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 416

SEEDS

The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993

Made

25th February 1993

Laid before Parliament

10th March 1993

Coming into force

1st April 1993

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by section 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2) and of all other powers enabling them in that behalf, after consultation with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of that Act, hereby make the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.

Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1990

2.  For the Schedule to the Seeds (National Lists of Varieties) (Fees) Regulations 1990(3) there shall be substituted the Schedule set out in the Schedule to these Regulations.

Revocation

3.  Regulation 2(4) of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991(4) and the whole of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1992(5) are revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

25th February 1993.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

17th February 1993

David Hunt

Secretary of State for Wales

24th February 1993

Patrick Mayhew

Secretary of State for Northern Ireland

22nd February 1993

Regulation 2

SCHEDULE PROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE SEEDS(NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1990

Regulation 3

“SCHEDULE FEES

PART I FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY INA NATIONAL LIST

	Amount		New fee £	Old fee £(*)	Plant Variety
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 (S.I. 1990/617) as amended by the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1992 (S.I. 1992/436) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 (S.I. 1993/416) on 1st April 1993.
1.   Any variety	270	(260)

PART II FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST

	Amount		New fee £	Old fee £(*)	Plant Variety
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 as amended by the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1992 (S.I. 1992/436) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 (S.I. 1993/416) on 1st April 1993.
1.   A cereal (excluding maize) variety	830	(800)
2.   A maize variety	515	(500)
3.   A potato variety	775	(750)
4.   A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety	725	(700)
5.   A field pea, vegetable pea, field bean or broad bean variety	620	(600)
6.   A herbage variety	515	(500)
7.   An oil and fibre (including oilseed rape) variety	515	(500)
8.   A sugar beet or fodder beet variety	200	(250)
9.   Any other variety	260	(250)

PART III RENEWAL FEES

	Amount each year		New fee £	Old fee £(*)	Plant Variety
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 as amended by the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1992 (S.I. 1992/436) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 (S.I. 1993/416) on 1st April 1993.
1.   A vegetable variety (excluding a vegetable pea or broad bean variety)	165	(160)
2.   Any other variety (including a vegetable pea or broad bean variety)	270	(260)

PART IV FEES PAYABLE IN RESPECT OF OTHER MATTERS

		Amount		New fee £	Old fee £(*)	Matter	When payable
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1990 as amended by the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1992 (S.I. 1992/436) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 (S.I. 1993/416) on 1st April 1993.”
1.   Application for the substitution of a name in a National List	On making the application	25	(25)
2.   Making written representations to the Ministers	On delivering the representations	25	(25)
3.   Attending to be heard by a person appointed by the Ministers	Before the hearing	50	(50)
4.   Purchase of a report from a testing authority in another country	Within 14 days of demand by the Minister	165	(140)
5.   Observation plot-trials for value for cultivationand use	Within 14 days of demand by the Minister	120	(115)
6.   Entry in a National List	Before entry in a National List	105	(100)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (as amended) (regulation 2).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.

Most application, test, award and renewal fees have been increased by approximately 3½ per cent although the test fee for sugar beet and fodder beet varieties has been reduced. The fee for the purchase of a report from a testing authority in another country has been increased to accord with the international charge of 350 Swiss Francs. Fees payable in respect of other matters remain unchanged.

(1)

1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272) for the definition of “the Ministers” and section 39(3)(a)(ii) for an extension to include the Secretary of State concerned with agriculture in Northern Ireland.

(2)

By the Plant Varieties and Seeds (Northern Ireland) Order 1973 (S.I. 1973/609).

(3)

S.I. 1990/617 amended by S.I. 1991/657 and S.I. 1992/436.

(4)

S.I. 1991/657.

(5)

S.I. 1992/436.