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”.