PART 5Other amendments

The 1997 ActI115

1

The 1997 Act is amended as follows.

2

In section 9 (farm saved seed)—

a

in subsection (3), after “liable ” insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders' rights)”;

b

in subsection (4), for the words from “considered to be” to the end substitute “ a small farmer for the purposes of this section ”;

c

for subsection (10) substitute—

10

In this section, “small farmer” means—

a

in a case where the material referred to in subsection (3) is used for propagating potatoes, a farmer who grows potatoes in an area no bigger than that which would be needed to produce 185 tonnes of potatoes per harvest, and

b

in a case where the material referred to in subsection (3) is used for propagating any other variety specified for the purpose of subsection (1), a farmer who grows that variety in an area no bigger than that which would be needed to produce 92 tonnes of cereals per harvest.

d

omit subsection (12).

3

In section 11 (duration), omit subsection (3)(a).

4

In section 38 (interpretation of Part 1) omit the definition of “the Council Regulation”.