Plant Breeders' Rights (Soft Fruits) (Variation) Scheme 1985

JurisdictionUK Non-devolved
CitationSI 1985/1096
Year1985

1985 No. 1096

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Soft Fruits) (Variation) Scheme 1985

10thJuly 1985

25thJuly 1985

16thAugust 1985

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 1(1) and (5), 3(1), 5(7) and 7(2) of, and paragraph 1(1) of Schedule 3 to, the Plant Varieties and Seeds Act 1964(a) as extended to Northern Ireland(b) and now vested in them(c), and the said Minister and the Secretary of State, acting jointly, in exercise of the said powers as extended to the Isle of Man(d), 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 (Soft Fruits) (Variation) Scheme 1985 and shall come into operation on 16th August 1985.

Variation of principal scheme

2. The Plant Breeders' Rights (Soft Fruits) Scheme 1980(e) shall be varied as follows:—

(a) for sub-paragraphs (iv) and (v) of paragraph 6 (which specify the classes of plant varieties in relation to raspberries and raspberry × blackberry hybrids respectively for the purposes of section 5(7) of the Plant Varieties and Seeds Act 1964) there shall be substituted the following sub-paragraph—

"(iv) in relation to plant varieties of Rubus of all plant varieties of Rubus L.";

(a) 1964 c. 14; section 3 was amended by the Plant Varieties Act 1983 (c. 17), section 1 and paragraph 1(1) of Schedule 3 was amended by section 2 of that Act.

(b) By the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).

(c) In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.

(d) By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829).

(e) S.I. 1980/331, amended by S.I. 1982/1114, and by the Plant Varieties Act 1983, section 1(4).

(b) at the end of paragraph 6 there shall be added the following sub-paragraph—

"(v) in relation to plant varieties of redcurrants of all plant varieties of redcurrants.";

(c) in Column 1 of Schedule 2 (which specifies the genera or species of soft fruits of which varieties may be the subject of plant...

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