1995 No. 2947
The Plant Breeders' Rights (Fees) (Amendment) (No. 2) Regulations 1995
Made
Laid before Parliament
Coming into force
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, as respects the United Kingdom, in exercise of the powers conferred on them by sections 9(1) and 36 of the Plant Varieties and Seeds Act 19641 as extended to Northern Ireland,2 and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man3, and in exercise of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with section 9(1) of that Act, hereby make the following Regulations:
Title and commencement1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) (No. 2) Regulations 1995 and shall come into force on 8th December 1995.
Amendment of the Plant Breeders' Rights (Fees) Regulations 19902
The Plant Breeders' Rights (Fees) Regulations 19904 shall be amended as follows—
a
in regulation 2(1) after the definition of “the Act” there shall be inserted the following definition—
“Community plant variety right” means a right granted in accordance with Council Regulation (EC) 2100/945;
b
for sub-paragraph (c) of regulation 3 there shall be substituted the following sub-paragraph—
c
a renewal fee, being—
i
in the case of a plant variety in respect of which there is no subsisting Community plant variety right, the fee set out in the second column (Standard fee) of Part III of the Schedule opposite the reference in the first column of the said Part III to the plant variety of the kind for which the plant breeders' rights were granted;
ii
in the case of a plant variety in respect of which there is a subsisting Community plant variety right, the fee set out in the third column (Reduced fee) of Part III of the Schedule opposite the reference in the first column of the said Part III to the plant variety of the kind for which the plant breeders' rights were granted,
such fee being due on, but not payable more than three months before, each anniversary of the date of the grant of plant breeders' rights or within such later period as may have been allowed by the Controller;
c
for Part III of the Schedule there shall be substituted the following—
PART IIIRENEWAL FEES
Plant Variety
Amount each year
Standard fee
Reduced fee
£
£
1
A rose variety
45
25
2
A chrysanthemum variety
295
150
3
Any other decorative variety
155
80
4
A vegetable variety (excluding a vegetable pea or broad bean variety)
150
75
5
A fruit variety
295
150
6
Any other variety (including a vegetable pea or broad bean variety)
390
195.
Signed by authority of the Secretary of State for Wales
We approve,
(This note is not part of the Regulations)