Plant Varieties and Seeds Act 1964

Part IV U.K. General

Modifications etc. (not altering text)

C1 Pt. IV (except s. 40) extended (N.I.) by S.I. 1964/1574, art. 1, Sch.

C2 Provisions of Pt. I and of Pt. IV in its application to the said Pt. I extend to the Isle of Man subject to specified exceptions, adaptations and modifications by S.I. 1969/1829 art. 2, Sch.

34 The gazette. U.K.

(1) The Ministers shall from time to time publish a gazette (in this Act referred to as “the gazette”), and shall use the gazette as one of the means of publishing notice of matters to be published under this Act [F1 or Part I of the Plant Varieties Act 1997].

(2) It shall be no defence in civil or criminal proceedings to show that at any time a person did not know of an entry in the register under [F2 section 18 of the Plant Varieties Act 1997], . . . F3 , if before that time notice of that entry . . . F3 had been published in the gazette.

Textual Amendments

F1 Words in s. 34(1) inserted (8.5.1998) by 1997 c. 66, s. 51(1)(a); S.I. 1998/1028, art. 2

F2 Words in s. 34(2) substituted (8.5.1998) by 1997 c. 66, s. 51(1)(b); S.I. 1998/1028, art. 2

F3 Words repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

Modifications etc. (not altering text)

C3 Ss. 34-36 extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), arts. 1, 2(2)(c), Sch. 1

35 General provisions as to offences. U.K.

(1) Where an offence punishable under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Proceedings for any offence punishable under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a person before the appropriate court in Great Britain having jurisdiction in the place where that person is for the time being.

Modifications etc. (not altering text)

C3 Ss. 34-36 extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), arts. 1, 2(2)(c), Sch. 1

36 Supplemental provisions as to regulations. U.K.

Regulations under this Act—

(a) may make different provision for different types or classes of plant varieties, for different seasons of the year and for other different circumstances, and

(b) may contain such supplemental, incidental and transitional provisions as may appear to the Minister or Ministers making the regulations to be expedient.

Subordinate Legislation Made

P1 S. 36: s. 16(1), (1A)(e) and (8) (with s. 36) power exercised by S.I. 1991/656.

S. 36: s. 16(1), (1A)(e) and (8) (with s. 36) power exercised by S.I. 1991/657.

S. 36: s. 9(1) (with s. 36) power exercised by S.I. 1991/655

P2 S. 36: for previous exercises of this power see Index to Government Orders.

P3 S. 36: s. 16(1) (with ss. 16(1A)(5)(8) and 36) power exercised by S.I. 1991/1601

S. 36: s. 16(1) (with ss. 16(8) and 36) power exercised by S.I.1991/1602.

S. 36: s. 16(1) (with ss. 16(1A)(2)(3)(4)(5)(8) and 36) power exercised (30.9.1991) by S.I. 1991/2206

Modifications etc. (not altering text)

C3 Ss. 34-36 extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), arts. 1, 2(2)(c), Sch. 1

37 Departmental expenses and payments into Exchequer. U.K.

(1) There shall be paid out of moneys provided by Parliament—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) (so far as not falling under the foregoing paragraphs) any expenses incurred by a Minister in the execution of this Act, and

(e) any increase attributable to this Act in the sums payable out of money so provided under the Superannuation Acts 1834 to 1960.

(2) Any fees received by virtue of this Act by a Minister F5 . . . shall be paid into the Exchequer.

Textual Amendments

F4 S. 37(1)(a)-(c) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

F5 Words in s. 37(2) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

38 Interpretation. U.K.

(1) In this Act—

• F6 . . .

• “the Minister” means [F7 (subject to section 29(3))], as respects England and Wales, the Minister of Agriculture, Fisheries and Food and, as respects Scotland, the Secretary of State; and “the Ministers” means, except as otherwise expressly provided, [F8 the Minister, the Secretary of State for Scotland and the Secretary of State for Wales] acting jointly;

• F6 . . .

• [F9 “the Tribunal” means the Plant Varieties and Seeds Tribunal;]

• . . .

(2) References in this Act to seeds are references to seeds for sowing.

(3) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment, including this Act.

Textual Amendments

F6 Definitions repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

F7 Words inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

F8 Words substituted by S.I. 1978/272, Sch. 5 para. 10

F9 Definition substituted (8.5.1998) by 1997 c. 66, s. 51(2); S.I. 1998/1028, art. 2

Modifications etc. (not altering text)

C4 S. 38 extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), arts. 1, 2(2)(c), Sch. 1

39 Extension of Act to Northern Ireland. U.K.

(1) This Act, so far as not expressly extended to Northern Ireland by any provision contained in this Act or by any Order in Council under the next following subsection, shall not extend to Northern Ireland; . . . F10

(2) Her Majesty may, by an Order in Council made under this subsection in pursuance of resolution passed by the two Houses of the Parliament of Northern Ireland, direct that—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any of the provisions of Part II or this Part of this Act specified in the Order,

shall (whether as originally enacted or as they have effect by virtue of any Order in Council under the next following section) extend to Northern Ireland; and any such Order in Council may be varied or revoked by a subsequent Order in Council made under this subsection in pursuance of such resolutions as aforesaid.

(3) While any of the provisions of this Act extend to Northern Ireland by virtue of an Order in Council under subsection (2) of this section, they shall (without prejudice to the validity of anything previously done under this Act)—

(a) have effect as if—

(i) any reference to Great Britain were a reference to the United Kingdom; and

[F12 (ii) any power expressed to be exercisable by “the Ministers” were exercisable by them only with the consent of the Northern Ireland Department of Agriculture and Rural Development; and]

F13 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) While any provisions of this Act extend to Northern Ireland by virtue of an Order in Council under subsection (2) of this section, they shall have effect subject to such exceptions, adaptations and modifications as may be specified in the Order; and in the application of those provisions to Northern Ireland any reference to any enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modification.

(5) If the Parliament of Northern Ireland pass legislation amending or repealing the M1 Seeds Act 1920, Her Majesty may by Order in Council made under this subsection direct that that legislation (and any related enactments forming part of the law of Northern Ireland), and any provisions in Part II or this Part of this Act, shall have effect subject to such exceptions, adaptations and modifications as may appear to Her Majesty to be expedient for the purpose of securing that the two systems of legislation operate, to such extent as may be specified, as a single system; and any such Order in Council may be varied or revoked by a subsequent Order in Council under this subsection.

(6) An Order in Council under subsection (2) or subsection (5) of this section may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient.

Textual Amendments

F10 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F11 S. 39(2)(a) and the word immediately following it repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

F12 S. 39(3)(a)(ii) substituted (21.11.2002) by S.I. 2002/2843, art. 5

F13 S. 39(3)(b) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

Modifications etc. (not altering text)

C5 S. 39 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(1)

C6 References to Parliament of Northern Ireland to be construed as including references to the Northern Ireland Assembly: S.I. 1973/2163, Sch. 5 para. 17

C7 Reference to a resolution passed by the two Houses of the Parliament of Northern Ireland to be construed as including reference to a resolution of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 3(1)

C8 S. 39(3)(4) extended by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(3)

Marginal Citations

M1 1920 c. 54.

40 Extension of Act to Isle of Man and Channel Islands. E+W+S

Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall (whether as originally enacted or as they have effect by virtue of any Order in Council under the last foregoing section) extend, subject to such exceptions, adaptations and modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands; and any such Order in Council may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient, and may be varied or revoked by a subsequent Order in Council.

Modifications etc. (not altering text)

C9 S. 40 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(2)

41 Short title and commencement. U.K.

(1) This Act may be cited as the Plant Varieties and Seeds Act 1964.

F14 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 S. 41(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 2

Modifications etc. (not altering text)

C10 S. 41(1) extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), arts. 1, 2(2)(c), Sch. 1

C11 Power of appointment conferred by s. 41(2) fully exercised as regards all unrepealed provisions; S.I. 1966/276, 1968/206, 1973/928, 1978/1002