1998 No. 1022
SEEDS
The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998
Made 8th April 1998
Laid before Parliament 9th April 1998
Coming into force 8th May 1998

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) and (8) and 36 of the Plant Varieties and Seeds Act 1964, as extended to Northern Ireland, after consultation with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of that Act, hereby make the following Regulations:
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); see section 38(1) (as amended by S.I.1978/272 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.
S.I.1964/1574 and S.I.1973/609.

1 Title and commencement
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 and shall come into force on 8th May 1998.

2 Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 there shall be substituted the Schedules set out in the Schedule to these Regulations.
S.I.1994/676, amended by S.I.1995/607 and 1997/383.
Donoughue Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food 7th April 1998
Sewel Parliamentary Under Secretary of State, Scottish Office 8th April 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths Parliamentary Under Secretary of State, Welsh Office 7th April 1998
Dubs Parliamentary Under Secretary of State, Northern Ireland Office 8th April 1998

SCHEDULE SCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994
Regulation 2

“SCHEDULE 1 FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY IN A NATIONAL LIST
Regulation 3(1)(a)
	Amount	
Plant Variety	New fee	Old fee
	£	£
1 Any variety	260	(250)
Note:		
(*) The figure in italics is the fee which was charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I.1994/676 as amended by S.I.1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I.1998/1022) on 8th May 1998.		

SCHEDULE 2 FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLI CATION FOR ENTRY IN A NATIONAL LIST
Regulation 3(1)(b)
	Amount	
Plant Variety	New fee	Old fee
	£	£
1 A cereal (excluding maize) variety	710	(685)
2 A maize variety	435	(420)
3 A potato variety	660	(640)
4 A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety	615	(595)
5 A field pea, vegetable pea, field bean or broad bean variety	530	(510)
6 A herbage variety	435	(420)
7 An oil and fibre (including oilseed rape) variety	435	(420)
8 A sugar beet or fodder beet variety	170	(165)
9 Any other variety	220	(215)
Note:		
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I.1994/676 as amended by S.I.1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I.1998/1022) on 8th May 1998.		

SCHEDULE 3 FEES PAYABLE IN RESPECT OF TRIALS FOR VALUE FOR CULTIVATION AND USE OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST
Regulation 3(1)(c)
	Amount	
Plant Variety	New fee	Old fee
	£	£
1 A maize variety	510	(495)
2 A potato variety	900	(870)
3 A ryegrass, timothy or white clover variety	360	(350)
4 A field pea variety	735	(710)
5 A flax or linseed variety	345	(335)
6 A sugar beet variety	395	(380)
7 A festulolium variety	360	(350)
8 A wheat (excluding durum wheat and spelt wheat), barley or oat variety	1,160	(1,120)
9 A field bean variety	340	(330)
10 A spring oilseed rape variety	725	(700)
11 A winter oilseed rape variety	760	(735)
Note:		
(*) The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I.1994/676 as amended by S.I.1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I.1998/1022) on 8th May 1998.		

SCHEDULE 4 RENEWAL FEES
Regulation 3(1)(d)
	Amount	
Plant Variety	New fee	Old fee
	£	£
1 A vegetable variety (excluding a vegetable pea or broad bean variety)	160	(155)
2 Any other variety (including a vegetable pea or broad bean variety)	260	(250)
Note:		
(*) Note: The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I.1994/676 as amended by S.I.1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I.1998/1022) on 8th May 1998.		

SCHEDULE 5 FEES PAYABLE IN RESPECT OF OTHER MATTERS
Regulation 3(1)(e)
		Amount	
Matter	When payable	New fee	Old fee
		£	£
1 Application for the substitution of a name in a National List	On making the application	30	(25)
2 Making written representations to the Ministers	On delivering the representations	30	(25)
3 Attending to be heard by a person appointed by the Ministers	Before the hearing	55	(50)
4 Purchase of a report from a testing authority in another country	Within 14 days of demand by the Minister	150	(180)
5 Observation plot-trials for value for cultivation and use	Within 14 days of demand by the Minister	130	(125)
6 Entry in a National List	Before entry in a National List	115	(110)
Note:			
(*) Note: The figures in italics are the fees which were charged under the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (S.I.1994/676 as amended by S.I.1997/383) before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1998 (S.I.1998/1022) on 8th May 1998.			”

(This note is not part of the Regulations)
These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (as amended) so as to prescribe revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (as amended) (regulation 2).
The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.
Application, test, trial, observation plot, award and renewal fees have been increased by 3.5 per cent, rounded to the nearest £5. The fee for the purchase of a report from a testing authority in another country has been decreased to accord with the international charge of 350 Swiss Francs. Other fees in Schedule 5 have been increased by £5.
A regulatory appraisal has been prepared and placed in the library of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.