
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, and now vested in them, and with the consent of the Scottish Ministers, 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 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 2001Jane Kennedy
Minister of State Northern Ireland Office
8th November 2001We consent
Ross Finnie
A member of the Scottish Executive
8th November 2001
SCHEDULE
SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1998
Regulation 2
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SCHEDULE 1
FEES
Regulation 3
PART I FEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

  Amount
Plant Variety New fee Old fee
  £ £( *)
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)
Note:

PART II FEES 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
   £ £(*)
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)
Note:

PART III RENEWAL FEES

  Amount each year
Plant Variety New standard fee New Reduced fee Old standard fee Old reduced fee
  £ £ £(*) £(*)
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)
Note:

PART IV FEES PAYABLE IN RESPECT OF OTHER MATTERS

   Amount
Matter  When payable New fee Old fee
   £ £(*)
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)
Note:
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