The Plant Breeders' Rights (Fees) (Amendment) Regulations 1999

Made8th April 1999

Laid before Parliament8th April 1999

Coming into force30th April 1999

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, in exercise of the powers conferred on them by sections 29(1) and (2) and 48(1) of the Plant Varieties Act 19971, after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, hereby make the following Regulations:

Title and commencement1

These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 and shall come into force on 30th April 1999.

Amendment of the Plant Breeders' Rights (Fees) Regulations 19982

For Schedule 1 to the Plant Breeders' Rights (Fees) Regulations 19982 there shall be substituted the Schedule set out in the Schedule to these Regulations.

Jeff RookerMinister of State, Ministry of Agriculture, Fisheries and Food1st April 1999

SewelParliamentary Under Secretary of State, Scottish Office1st April 1999

Signed by authority of the Secretary of State for Wales

Peter HainParliamentary Under Secretary of State, Welsh Office7th April 1999

Paul MurphyMinister of State, Northern Ireland Office8th April 1999

SCHEDULESCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998

Regulation 2

SCHEDULE 1FEES
Regulation 3
PART IFEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS
Amount
Plant Variety
New Fee
Old Fee
£
£(*)
1
A rose variety
75
(70)
2
A chrysanthemum variety
275
(260)
3
Any other decorative variety
135
(130)
4
Any other variety
275
(260)
Note:
(*)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.
PART IIFEES PAYABLE IN RESPECT OF TESTS OR EXAMINATION OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS
Amount
Plant Variety
Test or examination for which payable
New fee
Old fee
£
£(*)
1
A cereal (excluding maize) variety
Tests in any one year
745
(710)
2
A maize variety
Tests in any one year
455
(435)
3
A potato variety
Tests in any one year
695
(660)
4
A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety
Tests in any one year
645
(615)
5
A carrot, curly kale, onion or radish variety
Tests in any one year
645
(615)
6
A field pea, vegetable pea, field bean or broad bean variety
Tests in any one year
555
(530)
7
A herbage variety
Tests in any one year
455
(435)
8
An oil and fibre (including oilseed rape) variety
Tests in any one year
455
(435)
9
A sugar beet or fodder beet variety
Tests in any one year
180
(170)
10
A rose variety
Tests in any one year
120
(115)
11
A year-round perennial chrysanthemum variety
Tests in each flowering season
185
(175)
12
Any other chrysanthemum variety
Tests in any one year
185
(175)
13
A cymbidium variety
Each examination
230
(220)
14
A fruit variety
Tests in any one year
185
(175)
15
Any other variety
Tests in any one year
230
(220)
Note:
(*)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.
PART IIIRENEWAL FEES
Amount each year
Plant Variety
New standard fee
New reduced fee
Old standard fee
Old reduced fee
£
£
£(*)
£(*)
1
A rose variety
70
35
(70)
(35)
2
A chrysanthemum variety
330
170
(315)
(160)
3
Any other decorative variety
175
90
(165)
(85)
4
A vegetable variety (excluding a vegetable pea or broad bean variety)
170
85
(160)
(80)
5
A fruit variety
330
170
(315)
(160)
6
Any other variety (including a vegetable pea or broad bean variety)
435
220
(415)
(210)
Note:
(*)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.
PART IVFEES PAYABLE IN RESPECT OF OTHER MATTERS
Amount
Matter
When payable
New fee
Old fee
£
£(*)
1
Application for a compulsory licence
On making the application
60
(55)
2
Application to extend, limit, vary or revoke a compulsory licence
On making the application
60
(55)
3
Making representations in writing to the Controller as provided in the Act or the principal Regulations
On delivering the representations
30
(30)
4
Attending to be heard by the Controller or by a person appointed by him for the purpose
Before the hearing
60
(55)
5
Grant of plant breeders' rights in–
a
a variety referred to in item 1 in Part I of this Schedule
Before the issue of the plant breeders' certificate constituting evidence of the grant
60
(55)
b
a variety referred to in item 3 in Part I of this Schedule
120
(115)
c
a variety referred to in item 2 or item 4 in Part I of this Schedule
145
(140)
6
Payment of a renewal fee after the expiration of 7 days from the date when it fell due (having regard to any extension granted under these Regulations)
On payment of the renewal fee
30
(30)
7
Application for the approval of a substituted name for a plant variety
On making the application
30
(30)
8
Amendment of the record of plant varieties on a transfer of plant breeders' rights
On making the application for amendment
30
(30)
9
Purchase of a report from a testing authority in another country
Within 14 days of demand by the Controller
160
(150)
Note:
(*)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.

	Amount
Plant Variety	New Fee	Old Fee
	£	£(*)
1 A rose variety	75	(70)
2 A chrysanthemum variety	275	(260)
3 Any other decorative variety	135	(130)
4 Any other variety	275	(260)
Note:
(*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.

		Amount
Plant Variety	Test or examination for which payable	New fee	Old fee
		£	£(*)
1 A cereal (excluding maize) variety	Tests in any one year	745	(710)
2 A maize variety	Tests in any one year	455	(435)
3 A potato variety	Tests in any one year	695	(660)
4 A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety	Tests in any one year	645	(615)
5 A carrot, curly kale, onion or radish variety	Tests in any one year	645	(615)
6 A field pea, vegetable pea, field bean or broad bean variety	Tests in any one year	555	(530)
7 A herbage variety	Tests in any one year	455	(435)
8 An oil and fibre (including oilseed rape) variety	Tests in any one year	455	(435)
9 A sugar beet or fodder beet variety	Tests in any one year	180	(170)
10 A rose variety	Tests in any one year	120	(115)
11 A year-round perennial chrysanthemum variety	Tests in each flowering season	185	(175)
12 Any other chrysanthemum variety	Tests in any one year	185	(175)
13 A cymbidium variety	Each examination	230	(220)
14 A fruit variety	Tests in any one year	185	(175)
15 Any other variety	Tests in any one year	230	(220)
Note:
(*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.

	Amount each year
Plant Variety	New standard fee	New reduced fee	Old standard fee	Old reduced fee
	£	£	£(*)	£(*)
1 A rose variety	70	35	(70)	(35)
2 A chrysanthemum variety	330	170	(315)	(160)
3 Any other decorative variety	175	90	(165)	(85)
4 A vegetable variety (excluding a vegetable pea or broad bean variety)	170	85	(160)	(80)
5 A fruit variety	330	170	(315)	(160)
6 Any other variety (including a vegetable pea or broad bean variety)	435	220	(415)	(210)
Note:
(*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.

		Amount
Matter	When payable	New fee	Old fee
		£	£(*)
1 Application for a compulsory licence	On making the application	60	(55)
2 Application to extend, limit, vary or revoke a compulsory licence	On making the application	60	(55)
3 Making representations in writing to the Controller as provided in the Act or the principal Regulations	On delivering the representations	30	(30)
4 Attending to be heard by the Controller or by a person appointed by him for the purpose	Before the hearing	60	(55)
5 Grant of plant breeders' rights in– a a variety referred to in item 1 in Part I of this Schedule	Before the issue of the plant breeders' certificate constituting evidence of the grant	60	(55)
b a variety referred to in item 3 in Part I of this Schedule		120	(115)
c a variety referred to in item 2 or item 4 in Part I of this Schedule		145	(140)
6 Payment of a renewal fee after the expiration of 7 days from the date when it fell due (having regard to any extension granted under these Regulations)	On payment of the renewal fee	30	(30)
7 Application for the approval of a substituted name for a plant variety	On making the application	30	(30)
8 Amendment of the record of plant varieties on a transfer of plant breeders' rights	On making the application for amendment	30	(30)
9 Purchase of a report from a testing authority in another country	Within 14 days of demand by the Controller	160	(150)
Note:
(*) The figures in italics are the fees which were charged under these Regulations before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1999 (S.I.1999/1089) on 30th April 1999.

(This note is not part of the Regulations)

These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998 so as to prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997 or the Plant Breeders' Rights Regulations 1998 (regulation 2 and the Schedule).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations and the fees which were chargeable before these Regulations come into force are printed in italics beside the revised fees.

Application, test and renewal fees (other than renewal fees for roses which remain unchanged) have been increased by 5 per cent., rounded to the nearest £5. Grant and other fees in Part IV of the Schedule have been similarly increased apart from the fees for items 3, 6, 7 and 8 which remain unchanged.

A Regulatory Impact Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.