Statutory Instruments
2001 No. 3630

PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Fees) (Amendment) Regulations 2001

Made
8th November 2001

Laid before Parliament
9th November 2001

Coming into force
1st December 2001

The Minister of Agriculture, Fisheries and Food, 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(1), and now vested in them(2), and with the consent of the Scottish Ministers(3), 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 2001 and shall come into force on 1st December 2001.

Amendment of the Plant Breeders' Rights (Fees) Regulations 1998

2.  For Schedule 1 to the Plant Breeders' Rights (Fees) Regulations 1998(4) there shall be substituted the Schedule set out in the Schedule to these Regulations.

Whitty
Parliamentary Under-Secretary
Department for Environment, Food and Rural Affairs
8th November 2001

Signed on behalf of the National Assembly for Wales

Elis Thomas
Presiding Officer
8th November 2001

Jane Kennedy
Minister of State Northern Ireland Office
8th November 2001

We consent

Ross Finnie
A member of the Scottish Executive
8th November 2001

Regulation 2

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

Regulation 3

“SCHEDULE 1FEES

PART IFEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

Amount

Plant Variety
New fee
Old fee

£

£((*) *)

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 2001 (S.I. 2001/ ) on 1st December 2001.

1.
A rose variety
80
(75)

2.
A chrysanthemum variety
285
(275)

3.
Any other decorative variety
140
(135)

4.
Any other variety
285
(275)

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

£

£((*)*)

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 2001 (S.I. 2001/) on 1st December 2001.

1.
A cereal (excluding maize) variety
Tests in any one year
775
(745)

2.
A maize variety
Tests in any one year
470
(455)

3.
A potato variety
Tests in any one year
720
(695)

4.
A beetroot, Brussels sprout, cabbage, celery, funugreek, leek, turnip or fodder variety
Tests in any one year
670
(645)

5.
A carrot, curly kale, onion or radish variety
Tests in any one year
670
(645)

6.
A field pea, vegetable pea, field bean or broad bean variety
Tests in any one year
575
(555)

7.
A herbage variety
Tests in any one year
470
(455)

8.
An oil and fibre (including oilseed rape) variety
Tests in any one year
470
(455)

9.
A sugar beet or fodder beet variety
Tests in any one year
185
(180)

10.
A rose variety
Tests in any one year
125
(120)

11.
A year-round perennial chrysanthemum variety
Tests in each flowering season
190
(185)

12.
Any other chrysanthemum variety
Tests in any one year
190
(185)

13.
A cymbidium variety
Each examination
240
(230)

14.
A fruit variety
Tests in any one year
190
(185)

15.
Any other variety
Tests in any one year
240
(230)

PART IIIRENEWAL FEES

Amount each year

Plant Variety
New standard fee
New Reduced fee
Old standard fee
Old reduced fee

£
£

£((*)*)

£((*)*)

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 2001 (S.I. 2001/ ) on 1st December 2001.

1.
A rose variety
75
35
(70)
(35)

2.
A chrysanthemum variety
340
175
(330)
(170)

3.
Any other decorative variety
180
95
(175)
(90)

4.
A vegetable variety (excluding a vegetable pea or broad bean variety)
175
90
(170)
(85)

5.
A fruit variety
340
175
(330)
(170)

6.
Any other variety (including a vegetable pea or broad bean variety)
450
230
(435)
(220)

PART IVFEES PAYABLE IN RESPECT OF OTHER MATTERS

Amount

Matter
When payable
New fee
Old fee

£

£((*)*)

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 2001 (S.I. 2001/ ) on 1st December 2001.”

1.
Application for a compulsory licence
On making the application
60
(60)

2.
Application to extend, limit, vary or revoke a compulsory licence
On making the application
60
(60)

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
(60)

5.
Grant of plant breeders' rights in—
Before the issue of the plant breeders' certificate constituting evidence of the grant

(a)a variety referred to in item 1 in Part I of this Schedule

60
(60)

(b)a variety referred to in item 3 in Part I of this Schedule

125
(120)

(c)a variety referred to in item 2 or item 4 in Part I of this Schedule

150
(145)

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
165
(160)

Explanatory Note

(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 3.75 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 5(b), 5(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.


(1)
1997 c. 66; see section 49(1) for the definition of “the Ministers”.

(2)
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.

(3)
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 that Act.

(4)
S.I. 1998/1021 as amended by S.I. 1999/1089.