Statutory Instruments
1998 No. 1022
SEEDS
The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998
Made
8th April 1998
Laid before Parliament
9th April 1998
Coming into force
8th May 1998
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 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964(1), as extended to Northern Ireland(2), after consultation with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of that Act, hereby make the following Regulations:
Title and commencement
1. These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 and shall come into force on 8th May 1998.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
2. For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 1994(3) there shall be substituted the Schedules set out in the Schedule to these Regulations.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th April 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th April 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th April 1998
Dubs
Parliamentary Under Secretary of State, Northern Ireland Office
8th April 1998
Regulation 2
SCHEDULESCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994
Regulation 3(1)(a)
“SCHEDULE 1FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY IN A NATIONAL LIST
Amount
Plant Variety
New fee
Old fee
£
£(*)
Note:
(*)
The figure in italics is the fee which was charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676 as amended by S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1. Any variety
260
(250)
Regulation 3(1)(b)
SCHEDULE 2FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLI CATION FOR ENTRY IN A NATIONAL LIST
Amount
Plant Variety
New fee
Old fee
£
£(*)
Note:
(*)
The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676 as amended by S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1. A cereal (excluding maize) variety
710
(685)
2. A maize variety
435
(420)
3. A potato variety
660
(640)
4. A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety
615
(595)
5. A field pea, vegetable pea, field bean or broad bean variety
530
(510)
6. A herbage variety
435
(420)
7. An oil and fibre (including oilseed rape) variety
435
(420)
8. A sugar beet or fodder beet variety
170
(165)
9. Any other variety
220
(215)
Regulation 3(1)(c)
SCHEDULE 3FEES 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
Amount
Plant Variety
New fee
Old fee
£
£(*)
Note:
(*)
The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676 as amended by S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1. A maize variety
510
(495)
2. A potato variety
900
(870)
3. A ryegrass, timothy or white clover variety
360
(350)
4. A field pea variety
735
(710)
5. A flax or linseed variety
345
(335)
6. A sugar beet variety
395
(380)
7. A festulolium variety
360
(350)
8. A wheat (excluding durum wheat and spelt wheat), barley or oat variety
1,160
(1,120)
9. A field bean variety
340
(330)
10. A spring oilseed rape variety
725
(700)
11. A winter oilseed rape variety
760
(735)
Regulation 3(1)(d)
SCHEDULE 4RENEWAL FEES
Amount
Plant Variety
New fee
Old fee
£
£(*)
Note:
(*)
Note: The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676 as amended by S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.
1. A vegetable variety (excluding a vegetable pea or broad bean variety)
160
(155)
2. Any other variety (including a vegetable pea or broad bean variety)
260
(250)
Regulation 3(1)(e)
SCHEDULE 5FEES PAYABLE IN RESPECT OF OTHER MATTERS
Amount
Matter
When payable
New fee
Old fee
£
£(*)
Note:
(*)
Note: The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I. 1994/676 as amended by S.I. 1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I. 1998/1022) on 8th May 1998.”
1. Application for the substitution of a name in a National List
On making the application
30
(25)
2. Making written representations to the Ministers
On delivering the representations
30
(25)
3. Attending to be heard by a person appointed by the Ministers
Before the hearing
55
(50)
4. Purchase of a report from a testing authority in another country
Within 14 days of demand by the Minister
150
(180)
5. Observation plot-trials for value for cultivation and use
Within 14 days of demand by the Minister
130
(125)
6. Entry in a National List
Before entry in a National List
115
(110)
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (as amended) so as to prescribe revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (as amended) (regulation 2).
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 came into force are printed in italics beside the revised fees.
Application, test, trial, observation plot, award and renewal fees have been increased by 3.5 per cent, rounded to the nearest £5. The fee for the purchase of a report from a testing authority in another country has been decreased to accord with the international charge of 350 Swiss Francs. Other fees in Schedule 5 have been increased by £5.
A regulatory appraisal has been prepared and placed in the library 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.
(1)
1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.
(2)
S.I. 1964/1574 and S.I. 1973/609.
(3)
S.I. 1994/676, amended by S.I. 1995/607 and 1997/383.
