
1 
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2 
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987 there shall be substituted the provisions set out in the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th February 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th February 1989Peter Walker
Secretary of State for Wales
21st February 1989Tom King
Secretary of State for Northern Ireland
23rd February 1989Douglas Hurd
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
20th February 1989We approve,
David MacLean
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1989
SCHEDULE
Regulation 2

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SCHEDULE
Regulation 3(1)
PART I

Plant variety Amount
New fee Old fee
 £ £()

1 
A wheat (excluding durum wheat and spelt wheat) or barley variety 565 (540)

2 
A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety 435 (415)

3 
A maize variety 525 (500)

4 
A field pea or field bean variety 340 (325)

5 
Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety 205 (195)

6 
Any other variety not mentioned above (including a decorative or fruit variety) 125 (120)
Note(

PART II

Plant variety Tests or examination for which payable Amount
New fee Old fee
  £ £()

1 
A wheat (excluding durum wheat and spelt wheat), barley or maize variety Tests in any one year 745 (710)

2 
A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, field pea or field bean variety Tests in any one year 505 (480)

3 
Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety Tests in any one year 285 (270)

4 
A year-round perennial chrysanthemum variety Tests in each flowering season 235 (225)

5 
A cymbidium variety Each examination 235 (225)

6 
Any other variety not mentioned above (including a decorative or fruit variety) Tests in any one year 235 (225)
Note(

PART III

Plant variety Renewal fees during the years of the exercise of plant breeders' rights indicated below
Second to fifth year – each yearNew fee Old fee Sixth and each subsequent yearNew fee Old fee
 £ £() £ £()

1 
A wheat (excluding durum wheat and spelt wheat) or barley variety 495 (475) 660 (630)

2 
A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety 350 (335) 595 (570)

3 
Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety 205 (195) 265 (255)

4 
A rose variety 100 (95) 130 (125)

5 
Any other variety not mentioned above (including a decorative or fruit variety) 130 (125) 170 (160)
Note(

PART IV

Matter When payable Amount
New fee Old fee
  £ £()

1 
Application for a compulsory licence On making the application 21 (21)

2 
Application to extend, limit, vary or revoke a compulsory licence On making the application 21 (21)

3 
Application to amend a document in any application or proceeding On making the application 3 (3)

4 
Application to rectify an error or omission in the register of plant varieties On making the application 3 (3)

5 
Application for extension of time for the service or delivery of a document or thing or for the doing of an act On making the application 3 (3)

6 
Making representations in writing to the Controller, by any person other than the applicant, in connection with any application On delivering the representations 3 (3)

7 
Making representations in writing to the Controller, by any person other than the holder of plant breeders' rights, in connection with a proposal to terminate those rights or to revoke or terminate any extension of such rights On delivering the representations 3 (3)

8 
Attending to be heard by the Controller, or by a person appointed by him for the purpose Before the hearing 21 (21)

9 
Grant of plant breeders' rights in–
(a) a variety referred to in items 1 to 4 in Part I of this Schedule
(b) a variety referred to in item 5 in Part I of this Schedule
(c) a variety referred to in item 6 in Part I of this Schedule Before the issue of the document constituting evidence of the grant 15514595 (150)(140)(90)

10 
Giving a protective direction Before the issue of the document constituting evidence of the giving of the protective direction 21 (21)

11 
Application for an extension of the period for payment of a renewal fee On making the application 21 (21)

12 
Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended On payment of the renewal fee 21 (21)

13 
Application for the approval of a substituted name for a plant variety On making the application 21 (21)

14 
Application for the amendment of the register of plant varieties, except in a case where the plant breeders' rights are transferred to another person On making the application 3 (3)

15 
Registration of title and amendment of the register of plant varieties on a transfer of plant breeders' rights or a share in such rights On making the application for registration 21 (21)

16 
Inspection of the register of plant varieties or of a document in the possession of the Controller Before the inspection 1 (1)

17 
Supplying copies of documents, per page Before the delivery of the copies 0.30 (0.30)

18 
Supplying a duplicate of a document constituting evidence of a grant of plant breeders' rights or protective direction On ordering the duplicate 6 (6)

19 
Purchase of a report from a testing authority in another country Within 14 days of demand by the Controller 140 (140)
Note(
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