Statutory Instruments
SEEDS
Made
23rd February 1989
Laid before Parliament
10th March 1989
Coming into force
1st April 1989
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), (8), and 38(1) of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2), 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 the said Act, hereby make the following Regulations:
1. These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1989 and shall come into force on 1st April 1989.
2. For Schedule 1 to the Seeds (National Lists of Varieties) (Fees) Regulations 1987(3) there shall be substituted the provisions set out in the Schedule to these Regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd February 1989.
L.S.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th February 1989
Peter Walker
Secretary of State for Wales
21st February 1989
Tom King
Secretary of State for Northern Ireland
23rd February 1989
Regulation 2
Regulation 3
| Plant variety | Amount | ||
|---|---|---|---|
| New fee £ | Old fee £(*) | ||
Note | |||
(*) 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 1989 (S.I. 1989/275). | |||
| 1. | A wheat (excluding durum wheat and spelt wheat) or barley variety | 420 | (400) |
| 2. | A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety | 340 | (325) |
| 3. | A maize, sugar beet or fodder beet variety | 370 | (355) |
| 4. | A field pea or field bean variety | 225 | (215) |
| 5. | Any other herbage, fodder, oil and fibre or cereal variety | 160 | (155) |
| 6. | A vegetable variety subject to a plant breeders' rights scheme | 160 | (155) |
| 7. | Any other vegetable variety | 120 | (115) |
| Plant variety | Amount | ||
|---|---|---|---|
| New fee £ | Old fee £(*) | ||
Note | |||
(*) 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 1989. | |||
| 1. | A wheat (excluding durum wheat and spelt wheat), barley or maize variety | 745 | (710) |
| 2. | A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, field pea or field bean variety | 505 | (480) |
| 3. | Any other herbage, fodder, oil and fibre, cereal or vegetable variety | 285 | (270) |
| Plant variety | Amount | ||
|---|---|---|---|
| New fee £ | Old fee £(*) | ||
Note | |||
(*) 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 1989. | |||
| 1. | A wheat (excluding durum wheat and spelt wheat) or barley variety | 2285 | (2180) |
| 2. | A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, sugar beet, field bean, field pea, swede or fodder kale variety | 785 | (750) |
| Plant variety | Renewal fees during the years of retention in a National List | ||||
|---|---|---|---|---|---|
| Second to fifth year—each year | Sixth and each subsequent year | ||||
| New fee £ | Old fee £(*) | New fee £ | Old fee £(*) | ||
Note | |||||
(*) 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 1989. | |||||
| 1. | A wheat (excluding durum wheat and spelt wheat) or barley variety | 260 | (250) | 440 | (420) |
| 2. | A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, sugar beet, fodder beet, field bean or field pea variety | 245 | (235) | 375 | (360) |
| 3. | Any other herbage, fodder, oil and fibre or cereal variety | 150 | (145) | 245 | (235) |
| 4. | A vegetable variety subject to a plant breeders' rights scheme | 150 | (145) | 245 | (235) |
| 5. | Any other vegetable variety | 130 | (125) | 200 | (190) |
| Matter | When payable | Amount | ||
|---|---|---|---|---|
| New fee £ | Old fee £(*) | |||
Note | ||||
(*) 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 1989. ” | ||||
| 1. | Application for the substitution of a name in a National List | On making the application | 21 | (21) |
| 2. | Making written representions to the Ministers | On delivering the representations | 3 | (3) |
| 3. | Attending to be heard by a person appointed by the Ministers | Before the hearing | 21 | (21) |
| 4. | Inspection of the National List record | Before the inspection | 1 | (1) |
| 5. | Inspection of the file maintained for a plant variety in a National List | Before the inspection | 1 | (1) |
| 6. | Purchase of a report from a testing authority in another country | Within 14 days of demand by the Minister | 140 | (140) |
| 7. | Observation plot-trials for value for cultivation and use | Within 14 days of demand by the Minister | 105 | (100) |
| 8. | Entry in a National List– (a) of a variety referred to in items 1 to 4 in Part I of this Schedule | Before entry in a National List | 120 | (115) |
(b)of a variety referred to in items 5 to 7 in Part I of this Schedule | 70 | (65) | ||
(This note is not part of the Regulations)
These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1987 by substituting a new Schedule for Schedule 1 to those Regulations. The new Schedule prescribes an overall increase of fees for the matters for which fees were previously charged. The majority of fees payable in respect of other matters (Part V of the Schedule), however, remain at their former levels.
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); section 38(1) (as amended by S.I. 1978/272) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which these Regulations are made.
By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1973 (S.I. 1973/609).