SCHEDULE 2Modifications in the extension of the Plant Varieties Act 1997 to the Isle of Man
I11
In section 6(6)(a) (the making of regulations about protected varieties) for “the Ministers” substitute “the Department”.
I22
In section 9 (farm saved seed)—
a
omit subsections (5)17 and (6);
b
for “the Ministers” (in each place that expression occurs) substitute “the Department”.
I33
In section 10(1)(a) (circumstances to which plant breeders’ rights do not extend) after “the United Kingdom” insert “or the Isle of Man”.
I44
In section 11(2) (regulations extending period of plant breeders’ rights) for “the Ministers” substitute “the Department”.
I55
In section 14(5) (regulations about presumptions in proceedings relating to harvested material) for “the Ministers” substitute “the Department”.
I66
In section 15(6) (regulations about presumptions in proceedings relating to products made from harvested material) for “the Ministers” substitute “the Department”.
I77
In section 17 (compulsory licences) at the end add—
10
If the Controller grants, varies or revokes a licence under this section, he shall notify the Department.
I88
1
Section 19 (duty to use registered name) is modified as follows.
2
In subsection (4) for “level 3 on the standard scale” substitute “£1,000”.
3
I99
In section 31(1) (offence of giving false information) for “level 3 on the standard scale” substitute “£1,000”.
I1010
In section 32(1) (offence of making false representation as to plant breeders’ rights) for “level 3 on the standard scale” substitute “£1,000”.
I1111
Omit section 36(2) (offences committed by Scottish partnerships).
I1212
Omit section 37 (jurisdiction in relation to offences in the United Kingdom).
I1313
1
Section 41 (varieties of recent creation) is modified as follows.
2
In subsection (1)—
a
for “comes into force” substitute “applies to the Isle of Man”;
b
in paragraphs (a) and (b) for “the coming into force of this Part of this Act” substitute “the application of this Part of this Act to the Isle of Man”.
3
In subsection (2) for “comes into force” substitute “applies to the Isle of Man”.
4
In subsection (4) after “the United Kingdom” insert “or the Isle of Man”.
I1414
1
Section 43 (jurisdiction under arbitration agreements) is modified as follows.
2
Omit subsection (3).
3
For subsection (4) substitute—
4
In the application of this section to the Isle of Man, “arbitration agreement” has the same meaning as in Part 1 of the Arbitration Act 1976 (an Act of Tynwald)20.
I1515
1
Section 48 (regulations and orders) is modified as follows.
2
In subsection (1) after “the Ministers” (in both places that expression occurs) insert “or the Department”.
3
For subsection (2) substitute—
2
Any regulations or order under this Act made by the Department must be approved by Tynwald before coming into operation.
4
Omit subsections (3), (4) and (6).
I1616
In section 49(1) (definitions) after the definition of “the Controller” insert—
“the Department” means the Department of Environment, Food and Agriculture of the Isle of Man;
I1717
1
Section 50 (receipts) is modified as follows.
2
Renumber the existing text as subsection (1) of the section.
3
At the end add—
2
Any fees received by virtue of this Act by the Department form part of the General Revenue of the Isle of Man.
I1818
Omit section 51 (consequential amendments).
I1919
I2020
Omit section 53 (extent).
I2121
In section 54 omit subsections (2) to (4) (the commencement of the Act in the United Kingdom).
I2222
In paragraph 4 of Schedule 1 (proof of documents in proceedings under the Act) omit “, or in Scotland sufficient evidence,”.
I2323
1
Schedule 2 (conditions for the grant of plant breeders’ rights)23 is modified as follows.
2
In paragraph 4(2) and (3) (circumstances in which a variety is deemed new) after “the United Kingdom” insert “or the Isle of Man”.
3
In paragraph 6(2)(c) (orders designating countries or territories for the purposes of parallel applications for rights) for “the Ministers” substitute “the Department”.
I2424
1
Schedule 3 (the Plant Varieties and Seeds Tribunal)24 applies to proceedings from the Isle of Man, as it applies to proceedings in England, and is modified as follows.
2
Omit paragraphs 3 and 4 (appointment of a chairman of the Tribunal in Scotland and in Northern Ireland).
3
In paragraph 5 (term of appointment of a chairman of the Tribunal)—
a
omit sub-paragraph (1A);
b
in sub-paragraph (5) omit “or 3”;
c
for “paragraph 2, 3 or 4” (in each place that expression occurs) substitute “paragraph 2”.
4
In paragraph 6 (deputy chairman) for “paragraph 2, 3 or 4” (in each place that expression occurs) substitute “paragraph 2”.
5
In paragraph 9 (sittings of the Tribunal) for the words following “brought before them” substitute “from the Isle of Man, sit anywhere in England”.
6
In paragraph 11 (costs)—
a
in sub-paragraph (1) omit the words “or Northern Ireland”;
b
omit sub-paragraph (3).
7
Omit paragraph 12 (expenses in Scotland).
8
In paragraph 16 (interpretation) omit paragraphs (b) and (c) of the definitions of “appointing authority” and “relevant chairman”.
I2525
Omit Schedule 4 (repeals).