SCHEDULE 2Modifications in the extension of the Plant Varieties Act 1997 to the Isle of Man

Article 3

I11

In section 6(6)(a) (the making of regulations about protected varieties) for “the Ministers” substitute “the Department”.

Annotations:
Commencement Information
I1

Sch. 2 para. 1 in force at 1.8.2016, see art. 1

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”.

Annotations:
Commencement Information
I2

Sch. 2 para. 2 in force at 1.8.2016, see art. 1

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”.

Annotations:
Commencement Information
I3

Sch. 2 para. 3 in force at 1.8.2016, see art. 1

I44

In section 11(2) (regulations extending period of plant breeders’ rights) for “the Ministers” substitute “the Department”.

Annotations:
Commencement Information
I4

Sch. 2 para. 4 in force at 1.8.2016, see art. 1

I55

In section 14(5) (regulations about presumptions in proceedings relating to harvested material) for “the Ministers” substitute “the Department”.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force at 1.8.2016, see art. 1

I66

In section 15(6) (regulations about presumptions in proceedings relating to products made from harvested material) for “the Ministers” substitute “the Department”.

Annotations:
Commencement Information
I6

Sch. 2 para. 6 in force at 1.8.2016, see art. 1

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.

Annotations:
Commencement Information
I7

Sch. 2 para. 7 in force at 1.8.2016, see art. 1

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

At the end add—

6

In subsection (3) the reference to the Trade Marks Act 199418 includes a reference to that Act as extended to the Isle of Man19.

Annotations:
Commencement Information
I8

Sch. 2 para. 8 in force at 1.8.2016, see art. 1

I99

In section 31(1) (offence of giving false information) for “level 3 on the standard scale” substitute “£1,000”.

Annotations:
Commencement Information
I9

Sch. 2 para. 9 in force at 1.8.2016, see art. 1

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”.

Annotations:
Commencement Information
I10

Sch. 2 para. 10 in force at 1.8.2016, see art. 1

I1111

Omit section 36(2) (offences committed by Scottish partnerships).

Annotations:
Commencement Information
I11

Sch. 2 para. 11 in force at 1.8.2016, see art. 1

I1212

Omit section 37 (jurisdiction in relation to offences in the United Kingdom).

Annotations:
Commencement Information
I12

Sch. 2 para. 12 in force at 1.8.2016, see art. 1

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”.

Annotations:
Commencement Information
I13

Sch. 2 para. 13 in force at 1.8.2016, see art. 1

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.

Annotations:
Commencement Information
I14

Sch. 2 para. 14 in force at 1.8.2016, see art. 1

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).

Annotations:
Commencement Information
I15

Sch. 2 para. 15 in force at 1.8.2016, see art. 1

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;

Annotations:
Commencement Information
I16

Sch. 2 para. 16 in force at 1.8.2016, see art. 1

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.

Annotations:
Commencement Information
I17

Sch. 2 para. 17 in force at 1.8.2016, see art. 1

I1818

Omit section 51 (consequential amendments).

Annotations:
Commencement Information
I18

Sch. 2 para. 18 in force at 1.8.2016, see art. 1

I1919

For section 52 (repeals) substitute—

Repeal52

The Seeds Act 192121 and the Seeds (Amendment) Act 193922 (both Acts of Tynwald) are repealed.

Annotations:
Commencement Information
I19

Sch. 2 para. 19 in force at 1.8.2016, see art. 1

I2020

Omit section 53 (extent).

Annotations:
Commencement Information
I20

Sch. 2 para. 20 in force at 1.8.2016, see art. 1

I2121

In section 54 omit subsections (2) to (4) (the commencement of the Act in the United Kingdom).

Annotations:
Commencement Information
I21

Sch. 2 para. 21 in force at 1.8.2016, see art. 1

I2222

In paragraph 4 of Schedule 1 (proof of documents in proceedings under the Act) omit “, or in Scotland sufficient evidence,”.

Annotations:
Commencement Information
I22

Sch. 2 para. 22 in force at 1.8.2016, see art. 1

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”.

Annotations:
Commencement Information
I23

Sch. 2 para. 23 in force at 1.8.2016, see art. 1

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”.

Annotations:
Commencement Information
I24

Sch. 2 para. 24 in force at 1.8.2016, see art. 1

I2525

Omit Schedule 4 (repeals).