Statutory Instruments
PLANT BREEDERS' RIGHTS, ENGLAND
PLANT BREEDERS' RIGHTS, NORTHERN IRELAND
Made
3rd October 2005
Laid before Parliament
5th October 2005
Coming into force
7th November 2005
The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred by section 9(6) of the Plant Varieties Act 1997(1) and now vested in them(2) after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, make the following Order:
1. This Order applies in England and Northern Ireland, may be cited as the Plant Breeders' Rights (Discontinuation of Prior Use Exemption) Order 2005 and comes into force on 7th November 2005.
2. Section 9(5) of the Plant Varieties Act 1997 ceases to have effect.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd October 2005
Jeff Rooker
Minister of State Northern Ireland Office
3rd October 2005
(This note is not part of the Order)
This Order applies in England and Northern Ireland and comes into force on 7th November 2005.
The Order discontinues the prior use exemption in section 9(5) of the Plant Varieties Act 1997.
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.
1997 c. 66. see section 49(1) for a definition of “the Ministers”.
Under the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) the functions of the Secretary of State for Scotland and the Secretary of State for Wales under the Plant Varieties Act 1997 were, so far as they are exercisable in relation to England, transferred to the Minister of Agriculture, Fisheries and Food and under the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties Act 1997 were transferred to the Secretary of State for Environment, Food and Rural Affairs.