Seeds (National Lists of Varieties) Regulations 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/844 |
1982 No. 844
SEEDS
The Seeds (National Lists of Varieties) Regulations 198222ndJune 1982
30thJune 1982
21stJuly 1982
ARRANGEMENT OF REGULATIONS
Regulation PART I
1. Title and commencement
2. Revocation of previous regulations
3. Interpretation
PART II
4. and 5. National Lists
6.–11. Applications
12. Refusal of applications
13. Period of entry in a National List
14. Renewal of period of entry in a National List
15. and 16. Removal of a variety from a National List
17. Naming of plant varieties in a National List
18.–20. Maintenance of varieties in a National List
PART III
21.–29. Representations and hearings
30. Appeals
PART IV
31.–33. Dealings in seeds of plant varieties
PART V
34. Publication of notices
35. National List record
36. Plant variety files
ARRANGEMENT OF SCHEDULES
Schedule
1. Kinds of plant varieties in National Lists
PART I
Agricultural Crop Varieties
Cereals
Potatoes
Beet
Fodder plants
Oleaginous and fibrous plants
PART II
Vegetable Varieties
2. Requirements with which a plant variety is to comply for entry
in a National List
Distinctness
Uniformity
Stability
Value for cultivation and use
Exceptions
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 by section 16(1), 1(A), (5) and (8) of the Plant Varieties and Seeds Act 1964 (a), as extended to Northern Ireland by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (b) and the Plant Varieties and Seeds (Northern Ireland) Order 1973 (c) and now vested in them (d) and of all other powers enabling them in that behalf, after consultation with the Council on Tribunals in accordance with section 10(1) of the Tribunals and Inquiries Act 1971 (e) as applied to the Plant Varieties and Seeds Tribunal and with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of the said Act of 1964, hereby make the following regulations:—
PART I
Title and commencement
1. These regulations may be cited as the Seeds (National Lists of Varieties) Regulations 1982 and shall come into operation on 21st July 1982.
Revocation of previous regulations
2. The Seeds (National Lists of Varieties) Regulations 1979 (f) and the Seeds (National Lists of Varieties) (Amendment) Regulations 1980 (g) are hereby revoked.
Interpretation
3.—(1) A reference in these regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these regulations.
(2) In these regulations—
"the Act" means the Plant Varieties and Seeds Act 1964;
"Common Catalogue" means, as the case may be, either the Common Catalogue of varieties of agricultural plant species or the Common Catalogue of varieties of vegetable species, both published in the Official Journal of the European Communities;
"deliver" includes send by post and "delivered", "delivering" and "delivery" shall be construed accordingly;
(a) 1964 c.14; section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4.
(b) S.I. 1964/1574.
(c) S.I. 1973/609.
(d) In the case of the Secretary of State for Wales, by virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272).
(e) 1971 c.62.
(f) S.I. 1979/133.
(g) S.I. 1980/898.
"the gazette" means the Plant Varieties and Seeds Gazette published in accordance with section 34(1) of the Act;
"indicated in a National List", in relation to a maintainer, means named in a National List or named in a source indicated in a National List in accordance with regulation 4(2), and similar expressions shall be construed accordingly;
"maintainer" means a person who is indicated in a National List as responsible for maintaining a variety in accordance with the characteristics to which regard was had when that variety was entered in a National List;
"market" includes, according to the context, the offer for sale, exposure for sale, sale and possession with a view to sale of seeds and any transaction in the course of business—
(a) under which the property in the seed passes from one person to another;
or
(b) under which the seed is made over by one person to another in pursuance of a contract under which he will use the seed for growing further seed,
and paragraph (b) of this paragraph shall apply irrespective of whether the contract provides that the property in the crop will be in the person to be regarded as the seller, or the person to be regarded as the purchaser, or a third party, and "marketed" and "marketing" should be construed accordingly;
"member State" means a member of the Communities other than the United Kingdom;
"the Ministers" means 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;
"name" includes any designation;
"National List" means a list of plant varieties prepared and published in accordance with regulation 4 of these regulations;
"plant breeders' rights" means rights which may be granted in accordance with Part I of the Act;
"seeds" includes seed potatoes.
PART II
National Lists
4.—(1) The Ministers shall for the purposes of these regulations prepare and publish in the gazette National Lists of plant varieties (not being varieties which are intended for use only as hereditary sources of hybrid or synthetic plant varieties) of the kinds specified in Schedule 1, and may for the purposes of a National List establish or arrange for the establishment of, a reference collection of plant material.
(2) A National List shall contain the name and address of the maintainer of each plant variety listed therein or, where in relation to a plant variety there is more than one maintainer, an indication of the source from which their names and addresses may be obtained.
5.—(1) At any time after the publication of a National List the Ministers may—
(a) entertain applications from persons seeking additions to, corrections in or removals from any such List and may, subject to the following provisions of these regulations and to the payment of any fee imposed by regulations made under the Act, grant or refuse such applications, and
(b) in relation to varieties which have been entered in a list of a member State corresponding to a National List, make such additions to the National List as appear to them to be desirable.
(2) The Ministers shall publish in the gazette any additions to, corrections in or removals from, a National List.
Applications
6.—(1) An application made in pursuance of these regulations shall be made in writing and, together with any document submitted in support thereof, shall be delivered to the Ministers at the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.
(2) Where any document submitted in support of an application is in a language other than the English language it shall, unless the Ministers otherwise allow, be accompanied by a complete and adequate translation into the English language.
7. Where an application is made by a person who does not reside in the United Kingdom he shall, on making the application, give to the Ministers an address for service of documents in the United Kingdom.
8. An agent who acts for any person in delivering to the Ministers any application or other document in pursuance of these regulations shall deliver an authorisation in writing so to act to the Ministers.
9. Any document required or authorised by these regulations to be delivered to any person other than the Ministers may be delivered to him at his last known address in the United Kingdom, or to that of his agent or to an address given to the Ministers in accordance with regulation 7.
10. Where an application is made for the entry of a plant variety in a National List by a person who is not the breeder of that variety the Ministers shall give notice to the breeder of the fact that an application has been so made and that the breeder and any person approved by him will be entitled to be indicated in the National List as a maintainer of that variety in accordance with regulation 18(2) if the said application is successful and if the breeder or, as the case may be, the person approved by him agrees in writing to be so indicated.
11.—(1) The Ministers shall conduct or make arrangements for such tests and trials of a plant variety which is the subject of an application for entry in a National List as appear to them to be necessary to establish that it conforms to the requirements of Schedule 2.
(2) Any person making an application for the entry of a plant variety in a National List or for the renewal of such an entry, or making an application to be indicated in a National List as a maintainer of a variety under regulation 18(3), shall—
(a) give to the Ministers such information and produce or deliver to them such documents, records and illustrations as they may from time to time require, and
(b) deliver to the Ministers such reproductive and other material of the plant variety and, in the case of a hybrid or synthetic variety, of any of its hereditary sources, in the quantity and of the description and quality, and packed and in such condition, as they may from time to time require and such further reproductive and other material of the variety or hereditary source, as the case may be, in the quantity and of the description and quality, and packed and in such condition, as they may require to replace any material already delivered as may have been damaged in transit or damaged or lost in the course of tests and trials or which is, or has in the course of tests or trials been shown to be, unhealthy or otherwise unsuitable,
being information, documents, records, illustrations and material relevant to the application and in...
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