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Statutory Instrument 1999 No. 1090

The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


1999 No. 1090


SEEDS

The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999


 Made8th April 1999 
 Laid before Parliament8th April 1999 
 Coming into force30th April 1999 

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[1], as extended to Northern Ireland[2], 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:

Title and commencement
    1.These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 and shall come into force on 30th April 1999.

Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
    2.For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 1994[3] there shall be substituted the Schedules set out in the Schedule to these Regulations.


Jeff Rooker
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

1st April 1999


Sewel
Parliamentary Under Secretary of State, Scottish Office

1st April 1999



Signed by authority of the Secretary of State for Wales


Peter Hain
Parliamentary Under Secretary of State, Welsh Office

7th April 1999


Paul Murphy
Secretary of State, Northern Ireland Office

8th April 1999



SCHEDULE
Regulation 2


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




    " SCHEDULE 1
    Regulation 3(1)(a)


    FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY IN A NATIONAL LIST


     Amount
    Plant VarietyNew FeeOld Fee
     ЈЈ1
        1.Any variety

    275(260)

    1 The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.


    SCHEDULE 2
    Regulation 3(1)(b)


    FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST


     Amount
    Plant VarietyNew FeeOld Fee
     ЈЈ2
        1.A cereal (excluding maize) variety

    745(710)
        2.A maize variety

    455(435)
        3.A potato variety

    695(660)
        4.A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety

    645(615)
        5.A field pea, vegetable pea, field bean or broad bean variety

    555(530)
        6.A herbage variety

    455(435)
        7.An oil and fibre (including oilseed rape) variety

    455(435)
        8.A sugar beet or fodder beet variety

    180(170)
        9.Any other variety

    230(220)

    2 The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.


    SCHEDULE 3
    Regulation 3(1)(c)


    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


     Amount
    Plant VarietyNew FeeOld Fee
     ЈЈ3
        1.A maize variety

    535(510)
        2.A potato variety

    945(900)
        3.A ryegrass, timothy or white clover variety

    380(360)
        4.A field pea variety

    770(735)
        5.A flax or linseed variety

    360(345)
        6.A sugar beet variety

    415(395)
        7.A festulolium variety

    380(360)
        8.A wheat (excluding durum wheat and spelt wheat), barley or oat variety

    1,220(1,160)
        9.A field bean variety

    355(340)
        10.A spring oilseed rape variety

    760(725)
        11.A winter oilseed rape variety

    800(760)

    3 The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.


    SCHEDULE 4
    Regulation 3(1)(d)


    RENEWAL FEES


     Amount
    Plant VarietyNew FeeOld Fee
     ЈЈ4
        1.A vegetable variety (excluding a vegetable pea or broad bean variety)

    170(160)
        2.Any other variety (including a vegetable pea or broad bean variety)

    275(260)

    4 The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.


    SCHEDULE 5
    Regulation 3(1)(e)


    FEES PAYABLE IN RESPECT OF OTHER MATTERS


      Amount
     MatterWhen payableNew FeeOld Fee
      ЈЈ5
        1.Application for the substitution of a name in a National List

    On making the application30(30)
        2.Making written representations to the Ministers

    On delivering the representations30(30)
        3.Attending to be heard by a person appointed by the Ministers

    Before the hearing60(55)
        4.Purchase of a report from a testing authority in another country

    Within 14 days of demand by the Minister160(150)
        5.Observation plot-trials for value for cultivation and use

    Within 14 days of demand by the Minister135(130)
        6.Entry in a National List

    Before entry in a National List120(115)

    5 The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999."




EXPLANATORY NOTE

(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 and the Schedule).

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 and renewal fees have been increased by 5 per cent., rounded to the nearest Ј5. The fees in Schedule 5 have been similarly increased apart from the fees for an application for the substitution of a name in a National List and for making written representations to the Ministers which remain unchanged.

A Regulatory Impact Assessment 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.


Notes:

[1] 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".back

[2] S.I. 1964/1574 and S.I. 1973/609.back

[3] S.I. 1994/676, amended by S.I. 1995/607, 1997/383 and 1998/1022.back



ISBN 0 11 082571 3


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