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The Plant Varieties and Seeds (Isle of Man) Order 1987

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Statutory Instruments

1987 No. 2210

PLANT BREEDERS' RIGHTS

The Plant Varieties and Seeds (Isle of Man) Order 1987

Made

18th December 1987

Coming into force

1st February 1988

At the Court at Buckingham Palace, the 18th day of December 1987

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 40 of the Plant Varieties and Seeds Act 1964(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Plant Varieties and Seeds (Isle of Man) Order 1987 and shall come into force on 1st February 1988.

2.  The provisions of the Plant Varieties Act 1983(2) shall extend to the Isle of Man subject to the exceptions, adaptations and modifications specified in the Schedule to this Order.

3.  In the Schedule to the Plant Varieties and Seeds (Isle of Man) Order 1969(3) —

(a)the words “and after those words in the proviso there shall be inserted the words “and the Isle of Man”” in paragraph 13, and

(b)paragraph 14

shall cease to have effect.

G. I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULEEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF THE PLANT VARIETIES ACT 1983 TO THE ISLE OF MAN

1.  Any reference in the Plant Varieties Act 1983 to the Plant Varieties and Seeds Act 1964 shall be construed as a reference to that Act as it has effect in the Isle of Man.

2.  In section 1 (period for which plant breeders' rights are exercisable) for the words “commencement of this Act”, in each place where they occur, there shall be substituted “coming into force of this Act in the Isle of Man”.

3.  In the provision substituted by section 2 (plant breeders' rights in special cases) —

(a)for the words “Great Britain”, in the first and second places where they occur, there shall be substituted “the Isle of Man”, and

(b)after those words, in the third place where they occur, there shall be added “and the Isle of Man”.

4.  In the provision substituted by section 3(1) (compulsory licences) after the words “Great Britain” there shall be added “and the Isle of Man”.

5.  Section 5 (application of Act outside Great Britain) and section 6(3) (commencement) shall be omitted.

6.  In the provision substituted by paragraph 9(3) of Schedule 1, after the words “United Kingdom” there shall be inserted the words “and the Isle of Man”.

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order extends the Plant Varieties Act 1983 to the Isle of Man subject to the exceptions, adaptations and modifications specified in the Schedule to this Order. The Plant Varieties Act 1983 amends the Plant Varieties and Seeds Act 1964 which was extended to the Isle of Man by the Plant Varieties and Seeds (Isle of Man) Order 1969. Article 3 of this Order makes amendments to the Schedule to that Order which are consequential on amendments made by the 1983 Act to the 1964 Act.

(1)

1964 c. 14; the power in section 40 was extended by section 5(2) of the Plant Varieties Act 1983 (c. 17).

(3)

S.I. 1969/1829.

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