The Seeds (Amendment etc.) (EU Exit) Regulations 2020

The Seeds (National Lists of Varieties) (Fees) Regulations 1994

2.—(1) The Seeds (National Lists of Varieties) (Fees) Regulations 1994(1) are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “the Act” insert—

““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(2);”;

(b) in the definition of “maintainer”, for “National List” substitute “GB Variety List or a NI Variety List”;

(c) omit the definitions of “the National Authorities”, “National List” and “the principal Regulations”;

(d) before the definition of “plant breeders rights” insert—

““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;”;

(e) before the definition of “renewal fee” insert—

““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;”;

(f) in the definition of “renewal fee”, for “National List” substitute “GB Variety List or a NI Variety List”.

(3) In regulation 3(1), for the words before sub-paragraph (a) substitute—

“A person making an application under the relevant legislation must pay to the relevant authority in respect of matters arising under that legislation—”.

(4) In Schedule 5, in the first column, for “National Authorities”, in both places where it occurs, substitute “relevant authority”.

(1)

S.I. 1994/676, relevant amending instruments are S.I. 1997/383, 1999/1090, 2001/3510.

(2)

S.I. 2001/3510, amended by S.I. 2004/2949; 2007/1871; 2009/1273; 2010/1195; 2011/464, 1043; 2012/2897; 2013/2042; 2014/487; 2016/106 (W 52); 2018/942; and 2019/162; and S.S I. 2015/395.