The Plant Breeders' Rights (Potatoes) (Variation) Scheme 1992

Statutory Instruments

1992 No. 454

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Potatoes) (Variation) Scheme 1992

Made

28th February 1992

Laid before Parliament

11th March 1992

Coming into force

6th April 1992

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 1(5) and 3(1) of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2) and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man(3), after consultation in accordance with section 1(5) of the said Act with the Controller of Plant Variety Rights and with representatives of such interests as appear to them to be concerned, and in exercise of all other powers enabling them in that behalf, hereby make the following Scheme:

Title and commencement

1.  This Scheme may be cited as the Plant Breeders' Rights (Potatoes) (Variation) Scheme 1992 and shall come into force on 6th April 1992.

Variation of the principal Scheme

2.  In paragraph 4 of the Plant Breeders' Rights (Potatoes) Scheme 1965(4) for the words “25 years” there shall be substituted the words “30 years”.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

25th February 1992

David Hunt

Secretary of State for Wales

28th February 1992

Peter Brooke

Secretary of State for Northern Ireland

27th February 1992

Kenneth Baker

Secretary of State for the Home

Department (being the Secretary of State concerned with matters relating to the Isle of Man)

Home Office

25th February 1992

Explanatory Note

(This note is not part of the Scheme)

This Scheme varies the Plant Breeders' Rights (Potatoes) Scheme 1965 by extending the period for which plant breeders' rights are to be exercisable in respect of potatoes from25 to 30 years (paragraph 2).

(1)

1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); see section 38(1) (as amended by S.I. 1978/272) for the definition of “the Ministers”, section 39(3)(a)(ii) for an extension to include the Secretary of State concerned with agriculture in Northern Ireland and the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), to which there are amendments not relevant to these Regulations, for the substitution of a definition of the Ministers including the Secretary of State concerned with matters relating to the Isle of Man.

(2)

By the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).

(3)

By the Plant Varieties and Seeds (Isle of Man) Order 1969.

(4)

S.I. 1965/724, amended by section 1(4) of the Plant Varieties Act 1983.