The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 No. 1090

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Statutory Instruments

1999 No. 1090

SEEDS

The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999

Made

8th April 1999

Laid before Parliament

8th April 1999

Coming into force

30th April 1999

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 1999 and shall come into force on 30th April 1999.

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.

Jeff Rooker

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

1st April 1999

Sewel

Parliamentary Under Secretary of State, Scottish Office

1st April 1999

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

7th April 1999

Paul Murphy

Secretary of State, Northern Ireland Office

8th April 1999

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 VarietyNew FeeOld Fee
££a
a

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

1. Any variety

275(260)

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 APPLICATION FOR ENTRY IN A NATIONAL LIST

Amount
Plant VarietyNew FeeOld Fee
££a
a

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

1. A cereal (excluding maize) variety

745(710)

2. A maize variety

455(435)

3. A potato variety

695(660)

4. A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety

645(615)

5. A field pea, vegetable pea, field bean or broad bean variety

555(530)

6. A herbage variety

455(435)

7. An oil and fibre (including oilseed rape) variety

455(435)

8. A sugar beet or fodder beet variety

180(170)

9. Any other variety

230(220)

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 VarietyNew FeeOld Fee
££a
a

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

1. A maize variety

535(510)

2. A potato variety

945(900)

3. A ryegrass, timothy or white clover variety

380(360)

4. A field pea variety

770(735)

5. A flax or linseed variety

360(345)

6. A sugar beet variety

415(395)

7. A festulolium variety

380(360)

8. A wheat (excluding durum wheat and spelt wheat), barley or oat variety

1,220(1,160)

9. A field bean variety

355(340)

10. A spring oilseed rape variety

760(725)

11. A winter oilseed rape variety

800(760)

Regulation 3(1)(d)

SCHEDULE 4RENEWAL FEES

Amount
Plant VarietyNew FeeOld Fee
££a
a

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

1. A vegetable variety (excluding a vegetable pea or broad bean variety)

170(160)

2. Any other variety (including a vegetable pea or broad bean variety)

275(260)

Regulation 3(1)(e)

SCHEDULE 5FEES PAYABLE IN RESPECT OF OTHER MATTERS

Amount
MatterWhen payableNew FeeOld Fee
££a
a

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999."

1. Application for the substitution of a name in a National List

On making the application30(30)

2. Making written representations to the Ministers

On delivering the representations30(30)

3. Attending to be heard by a person appointed by the Ministers

Before the hearing60(55)

4. Purchase of a report from a testing authority in another country

Within 14 days of demand by the Minister160(150)

5. Observation plot-trials for value for cultivation and use

Within 14 days of demand by the Minister135(130)

6. Entry in a National List

Before entry in a National List120(115)

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 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 came into force are printed in italics beside the revised fees.

Application, test, trial and renewal fees have been increased by 5 per cent., rounded to the nearest £5. The fees in Schedule 5 have been similarly increased apart from the fees for an application for the substitution of a name in a National List and for making written representations to the Ministers which remain unchanged.

A Regulatory Impact Assessment 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, 1997/383 and 1998/1022.


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