The Plant Varieties and Seeds Tribunal Rules 1974

Interpretation

2.—(1) In these Rules, unless the context otherwise requires—

“the Act” means the Plant Varieties and Seeds Act 1964;

“the chairman” means the chairman of the tribunal appointed by the Lord Chancellor or, in relation to proceedings in Scotland or Northern Ireland, by the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland, as the case may be;

“the Controller” means the Controller of Plant Variety Rights;

“the Part I regulations” means the Plant Breeders' Rights Regulations 1969(1) ;

“the Part II regulations” means the Forest Reproductive Material Regulations 1973(2), the Seeds (National Lists of Varieties) Regulations 1973(3) and the Seeds (Registration and Licensing) Regulations 1974(4) ;

“respondent authority” means—

(a)

in relation to an appeal under the Forest Reproductive Material Regulations 1973, the Forestry Commissioners;

(b)

in relation to an appeal under the Seeds (National Lists of Varieties) Regulations 1973, the Minister of Agriculture; Fisheries and Food, the Secretary of State for Scotland and the Secretary of State concerned with agriculture in Northern Ireland; and

(c)

in relation to an appeal under the Seeds (Registration and Licensing) Regulations 1974, the Minister of Agriculture, Fisheries and Food or the Secretary of State, as the case may be;

“the secretary” means the secretary of the tribunal;

“the tribunal” means the Plant Varieties and Seeds Tribunal(5) established by section 10 of and Schedule 4 to the Act as respectively amended by paragraph 5(5) of Schedule 4 to the European Communities Act 1972;

expression defined in the Part I regulations or in the Part II regulations shall have the same meaning in these Rules;

a form referred to by number means the form so numbered in Schedule 1 to these Rules or a form substantially to the like effect.

(2) Unless the context otherwise requires, any reference in these Rules to any regulations or enactment shall be construed as a reference to that regulation or enactment, as amended, extended or applied by any other regulation or enactment.

(3) The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

(1)

(1969 II, p. 2976).

(2)

(1973 II, p. 2843).

(3)

(1973 II, p. 3024).

(4)

(1974 I, p. 2914)

(5)

Formerly the Plant Variety Rights Tribunal.