2005 No. 460
PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Discontinuation of Prior Use Exemption) (Scotland) Order 2005

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 9(6) of the Plant Varieties Act 19971 and of all other powers enabling them in that behalf, after consultation in accordance with section 48(5) of that Act with such organisations as appear to them to be representative of persons likely to be substantially affected, hereby make the following Order:

Citation, commencement and extent1.

(1)

This Order may be cited as the Plant Breeders' Rights (Discontinuation of Prior Use Exemption) (Scotland) Order 2005 and shall come into force on 4th November 2005.

(2)

This Order extends to Scotland only.

Discontinuation of the Prior Use Exemption2.

Section 9(5) of the Plant Varieties Act 1997 shall cease to have effect on 7th November 2005 in relation to varieties of the species and groups specified for the purposes of section 9(2) of that Act by the Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 19982.
ROSS FINNIE
A member of the Scottish Executive

Pentland House, Edinburgh

(This note is not part of the Order)

This Order, which extends to Scotland only, comes into force on 4th November 2005.

This Order discontinues the prior use exemption in section 9(5) of the Plant Varieties Act 1997 (the “1997 Act”) whereby in relation to varieties farm-saved prior to the 1997 Act coming into force (8th May 1998) a farmer is exempted from the liability under section 9(3) of the 1997 Act to pay to the holder of plant variety rights a “sensibly lower” royalty than would otherwise be payable for the use of a protected variety of farm-saved seed (article 2).

No Regulatory Impact Assessment has been prepared in respect of this Order.