
1994 No. 676
SEEDS
The Seeds (National Lists of Varieties) (Fees) Regulations 1994
Made 9th March 1994
Laid before Parliament 11th March 1994
Coming into force 1st April 1994
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 North ern Ireland, acting jointly, in exercise of the powers conferred on them by section s 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland and of all other powers enabling them in that behalf, 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) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2 

(1) In these Regulations, unless the context otherwise requires—
 “the Act” means the Plant Varieties and Seeds Act 1964;
 “the appropriate authority” means the Secretary of State, the Welsh Ministers and the Scottish Ministers, acting jointly;
 “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
 “GB Variety List” means a list of plant varieties prepared and published in accordance with the Seeds (National Lists of Varieties) Regulations 2001;
 “maintainer” means a person indicated in a  GB Variety List or a NI Variety List  as responsible for the maintenance of a plant variety;
 ... 
 ...
 “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having effect corresponding to that of the Seeds (National Lists of Varieties) Regulations 2001;
 “plant breeders rights” means rights which may be granted in accordance with Part I of the Act, and “plant breeders rights scheme” means a scheme made under that Part of the Act to enable a grant of such rights;
 ...
 “the relevant authority” means, in relation to Great Britain, the appropriate authority and, in relation to Northern Ireland, DAERA;
 “the relevant legislation” means, in relation to Great Britain, the Seeds (National Lists of Varieties) Regulations 2001 and, in relation to Northern Ireland, any legislation having effect corresponding to that of the Seeds (National Lists of Varieties) Regulations 2001;
 “renewal fee” means a fee payable in respect of the retention of a plant variety in a  GB Variety List or a NI Variety List.
(2) Any reference in these Regulations to a numbered Schedule shall be construed as a reference to the Schedule bearing that number in these Regulations.
Payment of fees
3 

(1) A person making an application under the relevant legislation must pay to the relevant authority in respect of matters arising under that legislation—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the fees payable in respect of the matters referred to in the first column of Schedule 5, being the new fees set out in the third column of the said Schedule 5 opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Schedule 5.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Renewal fees
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation
5 
The Seeds (National Lists of Varieties) (Fees) Regulations 1990, the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 and the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
John Redwood
Secretary of State for Wales
Patrick Mayhew
Secretary of State for Northern Ireland


              SCHEDULE 1
FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY IN A NATIONAL LIST
                
              
Regulation 3(1)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


              SCHEDULE 2
            
FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST
                
              

              Regulation 3(1)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


              SCHEDULE 3
            
FEES 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
Regulation 3(1)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


              SCHEDULE 4
            

                RENEWAL FEES

              Regulation 3(1)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5
            

                FEES PAYABLE IN RESPECT OF OTHER MATTERS
              

              Regulation 3(1)(e)


  Amount
Matter When payable New Fee Old Fee
  £ £
1. . . . . . . . . . . . .

2 
Making written representations to   relevant authority On delivering the representations 30 (30)

3 
Attending to be heard by a person appointed by   relevant authority Before the hearing 60 (55)
4. . . . . . . . . . . . .
5. . . . . . . . . . . . .
6. . . . . . . . . . . . .
