2016 No. 758

Plant Breeders’ Rights

The Plant Varieties and Seeds (Isle of Man) Order 2016

Made13th July 2016

Coming into force1st August 2016

At the Court at Buckingham Palace, the 13th day of July 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 40 of the Plant Varieties and Seeds Act 19641 and sections 53(2) and (3) of the Plant Varieties Act 19972, by and with the advice of Her Privy Council, orders as follows—

Citation and commencement1.

This Order may be cited as the Plant Varieties and Seeds (Isle of Man) Order 2016 and shall come into force on 1st August 2016.

Extension of the Plant Varieties and Seeds Act 1964 to the Isle of Man2.

(1)

The provisions of the Plant Varieties and Seeds Act 1964 specified in paragraph (2) extend to the Isle of Man subject to the exceptions, adaptations and modifications specified in Schedule 1 to this Order.

(2)

The provisions referred to in paragraph (1) are—

(a)

in Part 2, sections 16 to 19 and 24 to 303;

(b)

in Part 3, section 33 and Schedule 7; and

(c)

in Part 4, sections 34 to 36, 38 and 41(1)4.

Extension of the Plant Varieties Act 1997 to the Isle of Man3.

The Plant Varieties Act 19975 extends to the Isle of Man subject to the modifications specified in Schedule 2 to this Order.

Revocations4.

The following are revoked—

(a)

the Plant Varieties and Seeds (Isle of Man) Order 19696;

(b)

the Plant Varieties and Seeds (Isle of Man) Order 19877.

Ceri King

Deputy Clerk of the Privy Council

SCHEDULE 1Exceptions, adaptations and modifications in the extension of Parts 2 to 4 of the Plant Varieties and Seeds Act 1964 to the Isle of Man

Article 2

PART 1Exceptions, adaptations and modifications to Part 2

1. (1)

Section 16 (seeds regulations)8 is modified as follows.

(2)

Throughout the section—

(a)

for “the Minister” substitute “the Department”;

(b)

for “him” substitute “it”.

(3)

In subsection (1) omit “by statutory instrument”.

(4)

In subsection (7)(b) for “level 5 on the standard scale” substitute “£5,000”.

(5)

Omit subsections (3)(i), (5)(b), (6) and (8).

2.

Omit section 17(6) (Scottish contracts for the sale of seeds).

3. (1)

Section 24 (official testing stations and certificates of test) is modified as follows.

(2)

For subsection (1) substitute—

“(1)
Testing of seeds must take place at a testing station maintained in the United Kingdom by—
(a)
the Secretary of State;
(b)
the Scottish Ministers; or
(c)
the Department of Agriculture and Rural Development in Northern Ireland.”.

(3)

Omit subsections (2) and (3).

(4)

For subsection (4) substitute—

“(4)
The fees payable for the services given at an official seed testing station shall be those authorised under this subsection as it has effect in the part of the United Kingdom in which the official seed testing station is situated.”.

(5)

In subsection (6)—

(a)

omit “or complaint”;

(b)

omit the words following “be called as a witness”.

(6)

In subsection (7)—

(a)

omit “or complaint”;

(b)

for “at least three clear days” substitute “at least 14 days”;

(c)

omit “or, in Scotland, the case proceeds to trial”.

4. (1)

Section 25 (powers of entry)9 is modified as follows.

(2)

In subsections (3), (4) and (6) after “the Minister” insert “or the Department”.

(3)

In subsections (7) and (9) for “level 3 on the standard scale” substitute “£1,000”.

5.

In section 26(6) (the summons and evidence regarding samples in criminal proceedings)10 omit —

(a)

“or complaint” (in both places);

(b)

“and, in Scotland, the case shall not proceed to trial,”.

6.

In section 27(1) (the offence of tampering with samples)11 for “level 5 on the standard scale” substitute “£5,000”.

7. (1)

Section 28 (institution of criminal proceedings)12 is modified as follows.

(2)

In subsection(1) for the words preceding “where a part of a sample” substitute—“Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald) (limitation of time)13,”.

(3)

In subsection (2) for “the said section 127(1) or 23” substitute “the said section 75(1)”.

(4)

In subsection (2A) for the words preceding “proceedings for contravening” substitute “Notwithstanding anything in the said section 75(1),”.

8. (1)

Section 29 (application of Part 2 to seed potatoes)14 is modified as follows.

(2)

In subsection (2)—

(a)

omit the words preceding “seeds regulations”;

(b)

after “on a Minister” insert “or the Department”;

(c)

for “at any such station” substitute “at any station maintained by the appropriate authority”.

(3)

Omit subsection (3).

(4)

For subsection (4) substitute—

“(4)
In this section “the appropriate authority” means the Forestry Commissioners.”.

9.

In section 30(1) (definitions in Part 2), in the definition of “authorised officer”, after “the Minister” (in both places that expression occurs) insert “or the Department”.

PART 2Exceptions, adaptations and modifications to Part 3

10. (1)

Section 33 (measures to prevent injurious cross-pollination affecting crops of seeds)15 is modified as follows.

(2)

In subsection (2)—

(a)

for “The Minister” substitute “The Department”;

(b)

for “any part of Great Britain” substitute “the Isle of Man”;

(c)

for “if he is satisfied” substitute “if it is satisfied”.

(3)

In subsection (3)—

(a)

in paragraph (a) for “the Minister” substitute “the Department”;

(b)

for paragraph (b) substitute—

“(b)
may be varied or revoked by a subsequent order.”.

(4)

In subsections (5) and (8) for “the Minister” (in each place that expression occurs) substitute “the Department”.

(5)

In subsection (6)—

(a)

for “the Minister” (in each place that expression occurs) substitute “the Department”;

(b)

for “as appears to him” substitute “as appears to it”.

(6)

In subsection (7) for “level 3 on the standard scale” (in each place that expression occurs) substitute “£1,000”.

(7)

In subsection (10) for “level 1 on the standard scale” substitute “£200”.

11.

In Schedule 7 (cross-pollination injuring protected crops) for “the Minister” (in each place that expression occurs) substitute “the Department”.

PART 3Exceptions, adaptations and modifications to Part 4

12.

Omit section 35(2) (which extends jurisdiction in criminal proceedings under the Plant Varieties and Seeds Act 1964 in Great Britain).

13. (1)

Section 36 (supplemental provision as to regulations) is modified as follows.

(2)

Renumber the existing text as subsection (1) of the section.

(3)

In subsection (1)(b) for “the Minister or Ministers” substitute “the Department or the Ministers”.

(4)

After subsection (1) insert—

“(2)
Regulations made by the Department must be approved by Tynwald before coming into operation.”.

14.

In section 38(1) (definitions)16 immediately before the definition of “the Minister” insert—

““the Department” means the Department of Environment, Food and Agriculture of the Isle of Man;”.

SCHEDULE 2Modifications in the extension of the Plant Varieties Act 1997 to the Isle of Man

Article 3

1.

In section 6(6)(a) (the making of regulations about protected varieties) for “the Ministers” substitute “the Department”.

2.

In section 9 (farm saved seed)—

F1(za)

in subsection (3), after “liable”, insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders’ rights)”;

(zb)

in subsection (4), for the words from “considered to be” to the end substitute “a small farmer for the purposes of this section”;

(a)

omit subsections (5)17 and (6);

F2(aa)

for subsection (10) substitute—

“(10)
In this section, “small farmer” means—
(a)
in a case where the material referred to in subsection (3) is used for propagating potatoes, a farmer who grows potatoes in an area no bigger than that which would be needed to produce 185 tonnes of potatoes per harvest, and
(b)
in a case where material referred to in subsection (3) is used for propagating any other variety specified for the purpose of subsection (1), a farmer who grows that variety in an area no bigger than that which would be needed to produce 92 tonnes of cereals per harvest.”;

(ab)

omit subsection (12);

(b)

for “the Ministers” (in each place that expression occurs) substitute “the Department”.

3.

In section 10(1)(a) (circumstances to which plant breeders’ rights do not extend) after “the United Kingdom” insert “or the Isle of Man”.

F34.

In section 11 (duration)—

(a)

in subsection (2), for “The Ministers” substitute “The Department”;

(b)

omit subsection (3)(a).

5.

In section 14(5) (regulations about presumptions in proceedings relating to harvested material) for “the Ministers” substitute “the Department”.

6.

In section 15(6) (regulations about presumptions in proceedings relating to products made from harvested material) for “the Ministers” substitute “the Department”.

7.

In section 17 (compulsory licences) at the end add—

“(10)
If the Controller grants, varies or revokes a licence under this section, he shall notify the Department.”.

8. (1)

Section 19 (duty to use registered name) is modified as follows.

(2)

In subsection (4) for “level 3 on the standard scale” substitute “£1,000”.

(3)

At the end add—

“(6)
In subsection (3) the reference to the Trade Marks Act 199418 includes a reference to that Act as extended to the Isle of Man19.”.

9.

In section 31(1) (offence of giving false information) for “level 3 on the standard scale” substitute “£1,000”.

10.

In section 32(1) (offence of making false representation as to plant breeders’ rights) for “level 3 on the standard scale” substitute “£1,000”.

11.

Omit section 36(2) (offences committed by Scottish partnerships).

12.

Omit section 37 (jurisdiction in relation to offences in the United Kingdom).

F412A.

In section 38 (interpretation of Part 1), omit the definition of “the Council Regulation”.

13. (1)

Section 41 (varieties of recent creation) is modified as follows.

(2)

In subsection (1)—

(a)

for “comes into force” substitute “applies to the Isle of Man”;

(b)

in paragraphs (a) and (b) for “the coming into force of this Part of this Act” substitute “the application of this Part of this Act to the Isle of Man”.

(3)

In subsection (2) for “comes into force” substitute “applies to the Isle of Man”.

(4)

In subsection (4) after “the United Kingdom” insert “or the Isle of Man”.

14. (1)

Section 43 (jurisdiction under arbitration agreements) is modified as follows.

(2)

Omit subsection (3).

(3)

For subsection (4) substitute—

“(4)
In the application of this section to the Isle of Man, “arbitration agreement” has the same meaning as in Part 1 of the Arbitration Act 1976 (an Act of Tynwald)20.”.

15. (1)

Section 48 (regulations and orders) is modified as follows.

(2)

In subsection (1) after “the Ministers” (in both places that expression occurs) insert “or the Department”.

(3)

For subsection (2) substitute—

“(2)
Any regulations or order under this Act made by the Department must be approved by Tynwald before coming into operation.”.

(4)

Omit subsections (3), (4) and (6).

16.

In section 49(1) (definitions) after the definition of “the Controller” insert—

““the Department” means the Department of Environment, Food and Agriculture of the Isle of Man;”.

17. (1)

Section 50 (receipts) is modified as follows.

(2)

Renumber the existing text as subsection (1) of the section.

(3)

At the end add—

“(2)
Any fees received by virtue of this Act by the Department form part of the General Revenue of the Isle of Man.”.

18.

Omit section 51 (consequential amendments).

19.

For section 52 (repeals) substitute—

“Repeal52.
The Seeds Act 192121 and the Seeds (Amendment) Act 193922 (both Acts of Tynwald) are repealed.”.

20.

Omit section 53 (extent).

21.

In section 54 omit subsections (2) to (4) (the commencement of the Act in the United Kingdom).

22.

In paragraph 4 of Schedule 1 (proof of documents in proceedings under the Act) omit “, or in Scotland sufficient evidence,”.

23. (1)

Schedule 2 (conditions for the grant of plant breeders’ rights)23 is modified as follows.

(2)

In paragraph 4(2) and (3) (circumstances in which a variety is deemed new) after “the United Kingdom” insert “or the Isle of Man”.

(3)

In paragraph 6(2)(c) (orders designating countries or territories for the purposes of parallel applications for rights) for “the Ministers” substitute “the Department”.

24. (1)

Schedule 3 (the Plant Varieties and Seeds Tribunal)24 applies to proceedings from the Isle of Man, as it applies to proceedings in England, and is modified as follows.

(2)

Omit paragraphs 3 and 4 (appointment of a chairman of the Tribunal in Scotland and in Northern Ireland).

(3)

In paragraph 5 (term of appointment of a chairman of the Tribunal)—

(a)

omit sub-paragraph (1A);

(b)

in sub-paragraph (5) omit “or 3”;

(c)

for “paragraph 2, 3 or 4” (in each place that expression occurs) substitute “paragraph 2”.

(4)

In paragraph 6 (deputy chairman) for “paragraph 2, 3 or 4” (in each place that expression occurs) substitute “paragraph 2”.

(5)

In paragraph 9 (sittings of the Tribunal) for the words following “brought before them” substitute “from the Isle of Man, sit anywhere in England”.

(6)

In paragraph 11 (costs)—

(a)

in sub-paragraph (1) omit the words “or Northern Ireland”;

(b)

omit sub-paragraph (3).

(7)

Omit paragraph 12 (expenses in Scotland).

(8)

In paragraph 16 (interpretation) omit paragraphs (b) and (c) of the definitions of “appointing authority” and “relevant chairman”.

25.

Omit Schedule 4 (repeals).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends provisions of the Plant Varieties and Seeds Act 1964 (c. 14) and the Plant Varieties Act 1997 (c. 66) to the Isle of Man with exceptions, adaptations and modifications. The Order supersedes the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829) and the Plant Varieties and Seeds (Isle of Man) Order 1987 (S.I. 1987/2210), both of which are revoked.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.