http://www.legislation.gov.uk/uksi/2002/1677/madeThe Plant Breeders' Rights (Fees) (Amendment) Regulations 2002Credit licencesKing's Printer of Acts of Parliament2017-07-05PLANT BREEDERS' RIGHTS These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998. They prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997, including also matters arising under the Plant Breeders' Rights Regulations 1998 which are made under the 1997 Act (regulation 2 and the Schedule). 2002 No. 1677 PLANT BREEDERS' RIGHTS The Plant Breeders' Rights (Fees) (Amendment) Regulations 2002 Made 27th June 2002 Laid before Parliament 2nd July 2002 Coming into force 23rd July 2002 The Secretary of State for Environment, Food and Rural Affairs, the National Assembly 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 1997, and now vested in them, and with the consent of the Scottish Ministers, 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 commencement 1 These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 2002 and shall come into force on 23rd July 2002. Amendment of the Plant Breeders' Rights (Fees) Regulations 1998 2 For Schedule 1 to the Plant Breeders' Rights (Fees) Regulations 1998 there shall be substituted the Schedule set out in the Schedule to these Regulations. Whitty Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs 27th June 2002 Signed on behalf of the National Assembly for Wales D. Elis Thomas Presiding Officer 27th June 2002 John Reid Secretary of State for Northern Ireland 20th June 2002 We consent. Ross Finnie A member of the Scottish Executive 13th June 2002 SCHEDULE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998 Regulation 2 SCHEDULE 1 FEES Regulation 3 PART I <Strong>FEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS</Strong>
Amount
Plant VarietyNew fee £Old fee £(*)
1.A rose variety85(80)
2.A chrysanthemum variety300(285)
3.Any other decorative variety145(140)
4.Any other variety300(285)
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 2002 (S.I. 2002/1677) on 23rd July 2002. PART II <Strong>FEES 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</Strong>
Amount
Plant VarietyTest or examination for which payableNew fee £Old fee £(*)
1.A cereal (excluding maize) varietyTests in any one year815(775)
2.A maize varietyTests in any one year495(470)
3.A potato varietyTests in any one year755(720)
4.A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder varietyTests in any one year705(670)
5.A carrot, curly kale, onion or radish varietyTests in any one year705(670)
6.A field pea, vegetable pea, field bean or broad bean varietyTests in any one year605(575)
7.A herbage varietyTests in any one year495(470)
8.An oil and fibre (including oilseed rape) varietyTests in any one year495(470)
9.A sugar beet or fodder beet varietyTests in any one year195(185)
10.A rose varietyTests in any one year130(125)
11.A year-round perennial chrysanthemum varietyTests in each flowering season200(190)
12.Any other chrysanthemum varietyTests in any one year200(190)
13.A cymbidium varietyEach examination250(240)
14.A fruit varietyTests in any one year200(190)
15.Any other varietyTests in any one year250(240)
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 2002 (S.I. 2002/1677) on 23rd July 2002. PART III <Strong>RENEWAL FEES</Strong>
Amount each year
Plant VarietyNew standard fee £New reduced fee £Old standard fee £(*)Old reduced fee £(*)
1.A rose variety8035(75)(35)
2.A chrysanthemum variety355185(340)(175)
3.Any other decorative variety190100(180)(95)
4.A vegetable variety (excluding a vegetable pea or broad bean variety)18595(175)(90)
5.A fruit variety355185(340)(175)
6.Any other variety (including a vegetable pea or broad bean variety)475240(450)(230)
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 2002 (S.I. 2002/1677) on 23rd July 2002. PART IV <Strong>FEES PAYABLE IN RESPECT OF OTHER MATTERS</Strong>
Amount
MatterWhen payableNew fee £Old fee £(*)
1.Application for a compulsory licenceOn making the application65(60)
2.Application to extend, limit, vary or revoke a compulsory licenceOn making the application65(60)
3.Making representations in writing to the Controller as provided in the Act or the principal RegulationsOn delivering the representations30(30)
4.Attending to be heard by the Controller or by a person appointed by him for the purposeBefore the hearing65(60)
5. Grant of plant breeders' rights in– 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 grant65(60)
b a variety referred to in item 3 in Part I of this Schedule 130(125)
c a variety referred to in item 2 or item 4 in Part I of this Schedule 160(150)
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 fee30(30)
7.Application for the approval of a substituted name for a plant varietyOn making the application30(30)
8.Amendment of the record of plant varieties on a transfer of plant breeders' rightsOn making the application for amendment30(30)
9.Purchase of a report from a testing authority in another countryWithin 14 days of demand by the Controller175(165)

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 2002 (S.I. 2002/1677) on 23rd July 2002.

(This note is not part of the Regulations)

These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1998. They prescribe revised fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997, including also matters arising under the Plant Breeders' Rights Regulations 1998 which are made under the 1997 Act (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 in Parts I, II and III of the Schedule (other than reduced 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 in respect of items 1, 2, 4, 5(a), (b) and (c) and 9; all other fees in relation to items in Part IV 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 Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.

1997 c. 66; see section 49(1) for the definition of “the Ministers”. In respect of the Secretary of State for Environment, Food and Rural Affairs, by virtue of the Ministry of Agriculture, Fisheries and Food Dissolution Order 2002 (S.I. 2002/794), which transferred functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 to the Secretary of State; and in respect of the National Assembly for Wales, by virtue of article 2 as read with Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), which transferred the functions of the Secretary of State for Wales to the National Assembly for Wales. By article 3 of, and paragraph 3 of Schedule 8 to, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747), it was provided, in respect of, inter alia, the function exercisable under sections 29 and 48 of the Plant Varieties Act 1997 (c. 66) by a Minister of the Crown of making regulations as respects the charging of fees by the Controller of Plant Variety Rights, that the Secretary of State for Scotland should cease to be among those who may exercise the function and that any such function should instead be exercisable with the consent of the Scottish Ministers. Under the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319), the Controller of Plant Variety Rights was specified as a cross-border public authority for the purposes of the Scotland Act 1998. S.I. 1998/1021 as amended by S.I. 1999/1089 and 2001/3630.