Plant Varieties and Seeds Act 1964

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; . . . F1

(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—

(a) the provisions of Part I of this Act, and

(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shall (whether as originally enacted or as they have effect by virtue of any Order in Council under the next following section) extend to Northern Ireland; and any such Order in Council may be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

(ii) any reference to “the Ministers” included the Secretary of State concerned with agriculture in Northern Ireland; and

(b) in their application to Northern Ireland, have effect as if—

F2 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) references to [F3 section 127(1) of the M1 Magistrates’ Courts Act 1980] were references to any corresponding provision of the law of Northern Ireland;

(iii) in section 10(6), for the reference to England and Wales there were substituted a reference to Northern Ireland;

(iv) after paragraph 3 of Schedule 4 there were inserted the following paragraph—

“3A. In relation to proceedings before the Tribunal in Northern Ireland—

(a) paragraphs 1 and 2 of this Schedule shall have effect as if for the references to the Lord Chancellor there were substituted references to the Lord Chief Justice of Northern Ireland [F4 and as if for the references to a qualifying person there were substituted references to a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.], and

(b) references in paragraphs 5 and 8 of this Schedule to the chairman or deputy chairman shall be construed respectively as references to the chairman or deputy chairman appointed for such proceedings” ;

. . . F5

(v) in paragraph 9(1) of Schedule 4, for the words from “in the county court” to the end of that sub-paragraph there were substituted the words “by the taxing master of the Supreme Court of Judicature of Northern Ireland according to such of the scales provided for equity suits or proceedings in the county courts under the M2 County Courts Act (Northern Ireland) 1959 as may be directed by the order or, if the order gives no direction, by the taxing master”. [F6 and

(vi) in paragraph 9(3) of Schedule 4, after the words “this Act” there were inserted the words “or the Seeds Act (Northern Ireland) 1965”]

(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 M3 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

F1 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F2 S. 39(3)(b)(i) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3

F3 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43), Sch. 8 para. 5

F4 Words inserted as provided by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 21(4)

F5 Word repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 6, Sch. 2

F6 S. 39(3)(b)(vi) and word “and” immediately preceding it inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 6

Modifications etc. (not altering text)

C1 S. 39 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(1)

C2 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

C3 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)

C4 S. 39(3)(4) extended by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(3)

Marginal Citations

M1 1980 c. 43.

M2 1959 c. 25 (N.I.)

M3 1920 c. 54.