The Seeds (National Lists of Varieties) (Fees) Regulations 1994

Payment of fees

3.—(1) Subject to paragraphs (2) and (3) below, a person making an application under the principal Regulations shall pay to the Minister in respect of matters arising under those Regulations—

(a) a fee on making an application for the entry of a plant variety in a National List, being the new fee set out in the second column of Schedule 1 opposite the reference in the first column of the said Schedule 1 to the plant variety of the kind to which the application relates, such fee being payable on making the application;

(b) a fee payable in respect of tests for one year for distinctness, uniformity and stability of a plant variety which is the subject of an application for entry in a National List, being the new fee set out in the second column of Schedule 2 opposite the reference in the first column of the said Schedule 2 to the plant variety of the kind to which the tests relate, such fee being payable within 14 days of a demand made by the Minister;

(c) a fee payable in respect of trials for value for cultivation and use of a plant variety which is the subject of an application for entry in a National List and is referred to in Schedule 3, being the fee set out in the second column of the said Schedule 3 opposite that reference, such fee being payable in respect of each year of a trials cycle and so payable within 14 days of a demand made by the Minister;

(d) a renewal fee, being the new fee set out in the second column of Schedule 4 in relation to the particular year of retention of a plant variety in a National List opposite the reference in the first column of the said Schedule 4 to the plant variety of the kind retained in the National List, such fee being payable, subject to regulation 4(3) below, before the beginning of the particular year of retention in the National List;

(e) the fees payable in respect of the matters referred to in the first column of Schedule 5, being the new fees set out in the third column of the said Schedule 5 opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Schedule 5.

(2) The fees prescribed in Schedule 2 shall not be payable by an applicant who has paid the fees prescribed by regulations made under the Act in respect of tests carried out on his behalf for the purposes of a grant of plant breeders' rights in respect of the same variety.

(3) The fees for trials for value for cultivation and use prescribed in Part II of Schedule 3 shall only be payable when the seeds used for such trials are sown on or before 31st May 1994.

(4) If the fee payable by a person in connection with tests of a plant variety shall not have been paid within 14 days of a demand made by the Minister, the Minister shall not be obliged to take any further steps in relation to the tests until the fee shall have been paid.