Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993

JurisdictionUK Non-devolved
CitationSI 1993/2780
Year1993

1993No. 2780

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993

10thNovember1993

10thNovember1993

1stDecember1993

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, as respects the United Kingdom, in exercise of the powers conferred on them by sections 1(1) and (5), 3(1), 5(7), 7(2) and 38(1) of the Plant Varieties and Seeds Act 1964 ( a)as extended to Northern Ireland ( b) and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man ( c)after consultation in accordance with section 1(5) of the said Act with the Controller of Plant Variety Rights and with representatives of such interests as appear to them to be concerned, and in exercise of all other powers enabling them in that behalf, hereby make the following Scheme:

Title and commencement

1. This Scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993 and shall come into force on 1st December 1993.

Variation of the principal Scheme

2. The Schedule to the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 ( d) (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) shall be varied as follows:

(a) 1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c.17); and paragraph 1(1) of Schedule 3 was amended by section 2 of that Act; section 38(1) (as amended by S.I. 1978/272) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which the Scheme is made.

(b) By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).

(c) By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), amended by S.I. 1987/2210).

(d) S.I. 1969/1023 varied by S.I. 1985/1090.

(a) immediately after the item relating to Artemisia L. there shall be inserted the following items-

Column 1

Column 2

Column 3

Column 4

Column 5

Genus of species

Period of years for which rights are exercisable

Class of plant varieties prescribed for purposes of section 5(7)

Period of years prescribed for purposes of section 7(2)

Additional rights

"Astelia banksii

Astelia chathamica

Astelia fragrans

Astelia graminea

Astelia grandis

Astelia linearis

Astelia nervosa

Astelia nivicola

Astelia petriei

Astelia skottsbergii

Astelia solandri

Astelia subulata

Astelia trinervia

25

25

25

25

25

25

25

25

25

25

25

25

25

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

Astelia

";and

(b) immediately after the item relating to Astilbe Buch. Ham. there shall be inserted the following item-

Column 1

Column 2

...

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