Plant Varieties and Seeds Act 1964

• (3) Not more than 12 months after the application duly made in that country the applicant must make his application under this Act being an application which includes a claim in respect of the priority of the application in the said country.

• (4) Within 3 months of the application under this Act a copy of the documents constituting the application in the said country, certified as correct by the authority in that country to whom the application is made, must be submitted to the Controller.

• (5) If applications have been made in more than one country to which this paragraph applies, and have been so made at different dates, the period of 12 months mentioned in sub-paragraph (3) of this paragraph shall be taken from the earlier or earliest of those applications, and sub-paragraph (4) of this paragraph shall be construed accordingly.

• (6) If priority is established for an application by virtue of this paragraph after a grant of plant breeders’ rights has been made in pursuance of an application against which priority is established, the Controller shall terminate the period for which the rights under the grant are exercisable.

An appeal shall lie to the Tribunal against a decision of the Controller to act under this sub-paragraph.

• (7) The Ministers may by order contained in a statutory instrument from time to time designate any country or territory outside the United Kingdom as a country to which this paragraph applies, and from time to time vary or revoke any such order, but not so as to prejudice applications already made in the United Kingdom or elsewhere.

3

Regulations under section 9 of this Act may provide for the forfeiture of any priority obtained under the foregoing provisions of this Schedule if the person making the application does not within a period prescribed by the regulations satisfy all the requirements which are to be satisfied by an applicant before a grant of plant breeders’ rights can be made.

Part II — Rules for Grant of Rights

Distinctness

1

• (1) The variety must be clearly distinguishable by one or more important characteristics which are capable of precise description from any other variety whose existence is a matter of common knowledge at the time of the application.

• (2) For the purposes of the foregoing sub-paragraph common knowledge may be established by reference to plant varieties already in cultivation or exploited for commercial purposes, or those included in a recognised commercial or botanical reference collection, or those of which there are precise descriptions in any publication.

Previous commercialisation

2

• (1) Subject to this Schedule, in the period before the scheme by virtue of which the application is made came into force, no plants of the variety, and no material forming part of, or derived from, plants of the variety may have been offered or exposed for sale or sold by any person in the United Kingdom or elsewhere.

• (2) Subject to this Schedule, in the period beginning with the date when the said scheme came into force and ending with the date of the application no plants of the variety, and no material forming part of, or derived from, plants of the variety, may have been offered or exposed for sale or sold by or with the consent of the applicant in the United Kingdom or elsewhere:

• (a) in the case of fruit, forest and ornamental trees and their root-stocks and grapevines and their root-stocks, during the period of six years ending with the date of the application;

• (b) in any other case, during the period of four years ending with that date.

• (3) Sub-paragraphs (1) and (2) of this paragraph shall not apply—

• (a) to an offer for sale of a stock of material of any plant variety in connection with an offer for sale of the title to apply for the grant of plant breeders’ rights in respect of that plant variety, or

• (b) to any sale of material of any plant variety if at the time of the sale or subsequently the purchaser becomes the person entitled to make an application for the grant of plant breeders’ rights in respect of that plant variety.

• (4) Where an applicant makes, or proposes to make, arrangements under which some other person uses reproductive material of the plant variety under the control of the applicant for the purpose of increasing the applicant’s stock, or of carrying out tests or trials, and under which the whole of the material produced, directly or indirectly, from that reproductive material, and any unused reproductive material, becomes or remains the property of the applicant, the said sub-paragraphs (1) and (2) shall not apply—

• (a) to a sale or offer or exposure for sale of the reproductive material by the applicant to any such other person as part of such arrangements, or

• (b) to a sale by the other person to the applicant of the material produced, directly or indirectly, from that reproductive material.

• (5) The said sub-paragraphs (1) and (2) shall not apply to an offer or exposure or sale or sale of material, not being reproductive material . . . , produced in the course of—

• (a) the breeding of the plant variety, or

• (b) increasing the applicant’s stock of material of the plant variety, or carrying out tests or trials of the plant variety, . . .

3

• (1) Where an application in the form prescribed for the purposes of this Schedule by regulations under section 9 of this Act is made at a time not later than 11th May 1965, and the applicant does not ask for a protective direction, sub-paragraphs (1) and (2) of the last foregoing paragraph shall not apply to any offer for sale or sale in the period beginning with 12th November 1963 and ending with that time if the Controller is satisfied that the applicant took all steps reasonably open to him to ensure that any person to whom material of the plant variety has been offered or sold during the said period has been informed in writing that an application for a grant of plant breeders’ rights may be made in respect of the variety.

• (2) Where an application is allowed by virtue of this paragraph, section 7(2) of this Act shall not apply to any compulsory licence granted as respects the plant variety to which the application relates.

Uniformity

4

The variety must be sufficiently uniform or homogeneous having regard to the or particular features of its sexual reproduction or vegetative propagation.

Stability

5

The variety must be stable in its essential characteristics, that is to say, it must remain true to its description after repeated reproduction or propagation or, where the application prescribes a particular cycle of reproduction or multiplication, at the end of each cycle.

SCHEDULE 3

Sale of cut blooms, fruit, etc.

1

• (1) If it appears to the Ministers that, in the case of any species or group of plant varieties, plant breeders will not receive adequate remuneration unless there is made such provision as is authorised by this paragraph, and that such provision will be of substantial benefit to plant breeders, they may by a scheme under Part I of this Act provide that, as respects any plant variety of the species or group prescribed by the scheme, plant breeders’ rights shall include the exclusive right to do, and to authorise others to do, as follows—

• (a) to produce or propagate the variety in Great Britain for the purpose of selling such parts or products of the variety as may be prescribed by the scheme; and

• (b) to sell or offer or expose for sale in Great Britain, so far as they are obtained from plants produced or propagated outside Great Britain, such parts or products of the variety as may be so prescribed.

• (3) References in this paragraph to parts or products of a plant variety include references to whole plants of that plant variety.

Use of reproductive material for production of certain other plant varieties

2

Plant breeders’ rights shall include the exclusive right to do, and to authorise others to do, as follows, that is to use the reproductive material of the plant variety to which the rights relate for the purpose of producing, in order to sell it, the reproductive material of another plant variety if (but only if) the nature of that other variety is such that repeated production of the reproductive material of that other variety is not possible without the repeated use of reproductive material of the plant variety to which the rights relate.

SCHEDULE 4

The Chairman

1

• (1) The Lord Chancellor shall appoint a chairman for the Tribunal, who shall be a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (“a qualifying person”).

• (2) Subject to sub-paragraph (2A) of this paragraph, The appointment of the chairman shall be for such term as may be determined by the Lord Chancellor before his appointment, and a person who ceases to hold office as chairman of the Tribunal shall be eligible for re-appointment.

• (2A) No appointment of a person to be the chairman of the Tribunal shall be such as to extend beyond the day on which he attains the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

• (3) The chairman may resign his office by notice in writing to the Lord Chancellor.

• (4) If the Lord Chancellor is satisfied that the chairman is unfit to continue in office or incapable of discharging his duties, he may revoke the appointment of the chairman.

2

In the case of the temporary absence or inability to act of the chairman, the Lord Chancellor may appoint any other person who is a a qualifying person to act as deputy for the chairman, and the person so appointed shall, when so acting, have all the functions of the chairman.

3

In relation to proceedings before the Tribunal in Scotland—

• (a) paragraphs 1 and 2 of this Schedule shall have effect as if for the references to the Lord Chancellor and to a qualifying person there were substituted respectively references to the Lord President of the Court of Session and to an advocate or solicitor in Scotland of at least seven years standing; and

• (b) references in paragraphs 5 and 8 of this Schedule to the chairman or deputy chairman shall be construed respectively as references to the chairman or deputy chairman appointed for such proceedings.

4

The two panels

5

• (1) The Ministers shall draw up and from time to time revise—

• (a) a panel of persons who have wide general knowledge in the field of agriculture, of horticulture or of forestry; and

• (b) a panel of persons who have specialised knowledge of particular species or groups of plants or of the seeds industry,

and the members of the Tribunal (other than the chairman and deputy chairman) shall be selected from those panels in accordance with this Schedule.

• (2) The power to revise the said panels shall include power to terminate a person’s membership of either of them, and shall accordingly to that extent be subject to section 8 of the Tribunals and Inquiries Act 1971 (which makes it necessary to obtain the concurrence of the Lord Chancellor and of certain judicial officers in Scotland and Northern Ireland to dismissals in certain cases).

Remuneration of members of Tribunal

6

The Ministers may pay to members of the Tribunal such remuneration and such allowances as the Ministers may with the approval of the Treasury determine.

Officers and servants

7

• (1) The Ministers may appoint such officers and servants of the Tribunal as the Ministers may with the approval of the Treasury determine.

• (2) There shall be paid to the officers and servants appointed under this paragraph such remuneration and allowances as the Treasury may determine.

Procedure

8

• (1) The jurisdiction of the Tribunal shall be exercised by three members consisting of the chairman and a member selected from each of the two panels; and references in this Act to the Tribunal shall be construed accordingly.

• (2) The member from the panel of those with specialised knowledge shall be selected for his knowledge of the subject matter of a particular case or class or group of cases.

• (3) The members of the panels who are to deal with any case shall be selected as follows—

• (a) the Ministers may select a member or members to deal with that particular case or class or group of cases, or

• (b) the Ministers may select for a class or group of cases members from amongst whom members to deal with any particular case shall be selected, and the selection from amongst those members of a member or members to deal with the particular case shall then be made either by the Ministers, or, if they so direct, by the chairman.

• (4) Any decision of the Tribunal in exercise of their jurisdiction shall be taken, in the event of a difference between members dealing with the case, by the votes of the majority.

• (5) If, after the commencement of the hearing of any proceedings before the Tribunal, one of the three members of the Tribunal becomes incapable of continuing to hear the proceedings on account of sickness or for any other reason, the proceedings may, with the consent of all parties to the proceedings, be continued before the remaining two members of the Tribunal and heard and determined accordingly, but if the two members differ in opinion the case shall, on the application of any party to the proceedings, be re-argued and determined by the Tribunal as ordinarily constituted.

• (6) A decision of the Tribunal shall not be questioned on the ground that a member was not validly appointed or selected.

• (7) The Tribunal may sit to hear any proceedings in any place in Great Britain.

9

• (1) The Tribunal in exercising their statutory jurisdiction may order any party to the proceedings to pay to any other party to the proceedings either a specified sum in respect of the costs incurred by the second-mentioned party in the proceedings, or the taxed amount of those costs; and any costs required by an order under this sub-paragraph to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court.

• (2) The Lord Chancellor may by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make rules as to the procedure in connection with proceedings brought before the Tribunal in exercise of their statutory jurisdiction and, subject to the approval of the Treasury, as to the fees chargeable in respect of those proceedings, and the rules may in particular make provision—

• (a) as to the circumstances in which the Tribunal need not sit, or is not to sit, in public,

• (b) as to the form of any decision of the Tribunal,

• (c) as to the time within which any proceedings are to be instituted,

• (d) as to the evidence which may be required or admitted in any proceedings,

• (e) as to the examination of the parties, and of witnesses, on oath or affirmation in any proceedings,

• (f) as to the procedure for securing the attendance of witnesses and the production of documents in any proceedings.

• (3) In this paragraph “statutory jurisdiction” means any jurisdiction of the Tribunal exercisable by or under this Act, except for their jurisdiction in any reference under an arbitration agreement.

• (4) In relation to proceedings in Scotland this paragraph shall have effect as if for sub-paragraph (1) there were substituted the following—

(1) The Tribunal in exercising their statutory jurisdiction may order that the expenses of any proceedings before it incurred by any party shall be paid by any other party, and may tax or settle the amount of any expenses to be paid under any such order or direct in what manner they are to be taxed.

SCHEDULE 5

1

• (1) As a first step in compiling a section of the Index, the Ministers shall, after consultation with representatives of such interests as appear to them to be concerned, prepare a provisional list of plant varieties which are within the class of plant varieties to which the section of the Index will relate, and the seeds of which are in commercial use as reproductive material in Great Britain.

• (2) The Ministers shall publish the list in the gazette to be issued under this Act and in such other manner as appears to than appropriate for ensuring that the persons particularly concerned have their attention drawn to the list, and shall publish with the list a notice giving the necessary information as to the manner in which and time within which applications seeking additions, corrections or erasures in the list may be made to the Ministers.

• (3) The Ministers may bring a section of the Index into force notwithstanding that the section is incomplete because the Ministers have not come to a determination as respects any particular plant varieties.

2

The Ministers may at any time after a section of the Index comes into force entertain applications from persons seeking additions, corrections or erasures in a section of the Index, and may make such additions, corrections or erasures as appear to them to be called for of their own initiative, and without receiving representations.

3

• (1) If at the time when a name, or more than one name, is being selected for a plant variety for the purposes of the Index, there are one or more names which are for the time being in use for that plant variety, that name, or names from among those names, shall be preferred unless the Ministers are satisfied that there are special circumstances calling for the choice of a name or names not in use as aforesaid.

• (2) The Ministers may require a person making an application for the inclusion of a plant variety in a provisional list, or in a section of the Index after the section has come into force, to submit a name for the plant variety.

• (3) If it appears to the Ministers that no name in use or submitted to them is suitable, they may refuse to include the plant variety in the Index until a name has been submitted to them which is in their opinion suitable.

4

The Ministers may require persons making applications which involve the question whether two or more plant varieties are distinct to supply the Ministers with information, and with material for carrying out examinations, trials and tests.

5

• (1) The Ministers, after consultation with representatives of such interests as appear to them to be concerned, may by statutory instrument make regulations—

• (a) governing the form and manner in which applications may be made under this Schedule,

• (b) prescribing the period within which a person making applications under this Schedule is to supply material or information in support of the representations,

• (c) prescribing the quantity and kind of material to be supplied in support of an application under this Schedule, and

• (d) providing for the manner of making applications as respects any matter connected with the alteration of the Index and for the information to be afforded, and the materials to be submitted, by the applicant in connection with any such application.

• (2) Regulations under this paragraph made with the approval of the Treasury may prescribe the fees to be charged by the Ministers for carrying out examinations, tests and trials and the fees to be charged by the Ministers to persons making searches in the Index.

SCHEDULE 6

SCHEDULE 7

1

An application under section 33 of this Act seeking the issue of a notice under that section shall be in writing.

2

Before deciding whether to issue a notice in accordance with the application the Minister shall serve a notice on the occupier of the land giving him particulars of the application, and of his right to make representations in accordance with the next following paragraph.

3

The Minister shall, if requested within such time as may be specified in the notice under paragraph 2 above, afford to the applicant, and to the occupier of the land, an opportunity of appearing before and making representations to a person appointed by the Minister for the purpose.

4

In deciding whether to issue a notice in accordance with the application, and in deciding the terms of any such notice, the Minister shall have regard—

• (a) to the need to maintain, in the interests of the public, the purity of the seed in question,

• (b) to the degree to which the injurious cross-pollination will or may diminish the value of the protected crop or disturb arrangements made for the purpose of maintaining the purity of the seed in question, and

• (c) to the value, if any, of the controlled crops or plants and the inconvenience or disturbance involved in complying with a notice.

Grant of plant breeders’ rights.

The nature of the rights.

Requirement to use registered names on sale of reproductive material.

5A

• (1) Where a name is registered under section 5 of this Act for any plant variety, it shall be unlawful for any person to use, in selling or offering or exposing for sale material of that variety being—

• (a) reproductive material; or

• (b) material to which plant breeders’ rights are extended under paragraph 1 of Schedule 3 to this Act.

any name which serves or is intended by him to serve to distinguish that material from material of other plant varieties within the same class but is not the name so registered.

• (2) Subsection (1) of this section shall not apply to a person who reasonably believes that the material is to be exported from Great Britain.

• (3) Subsection (1) of this section shall have effect in relation to any plant variety from the date on which the grant of plant breeders’ right in respect of that variety takes effect, and shall continue to apply after the period for which those rights are exercisable.

• (4) Subsection (1) of this section shall not preclude the use, . . . , of any trade mark or trade name (whether registered . . .or not) if—

• (a) that mark or name and the registered name are juxtaposed; and

• (b) the registered name is easily recognisable.

• (5) A person who contravenes this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale . . . ; but it shall be a defence in proceedings under this section to prove—

• (a) that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and

• (b) where the accused obtained the reproductive material to which the alleged offence relates from some other person, that on demand by or on behalf of the prosecutor the accused gave all the information in his power with respect to the name and address of that other person, and with respect to any relevant document in his possession or power relating to the material and the contract of sale.

• (6) Subsection (7) of section 5 of this Act shall apply for the interpretation of this section.

General provisions as to offences.

The gazette.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c738529]: Certain functions of Minister of Agriculture, Fisheries and Food under this Act now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1978/272, art. 2, Sch. 1

[^c738531]: Act partly in force at Royal Assent see s. 41(2); Act wholly in force (so far as unrepealed) at 1. 7. 1979.

[^c738532]: Act amended (8.5.1998) by 1997 c. 66, s. 42, Sch. 3 para. 1; S.I. 1998/1028, art. 2

[^c738534]: Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c738536]: Act: transfer of functions, property, rights and liabilities (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5), 4, Sch. (with arts. 3, 5)

[^c738542]: Pt. I repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738697]: S. 16 (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch.

[^c738698]: S. 16: for previous exercises of this power see Index to Government Orders.

[^c738699]: S. 16(1)(1A)(e)(8) (with s. 36) power exercised by S.I. 1991/656. S. 16(1)(1A)(e)(8) (with s. 36) power exercised by S.I. 1991/657.

[^c738700]: S. 16(1)(1A)(5)(8): s. 16(1) (with ss. 16(1A)(5)(8) and 36) power exercised by S.I. 1991/1601 S. 16(1)(8): s. 16(1) (with ss. 16(8) and 36) power exercised by S.I. 1991/1602

[^c738701]: S. 16(1)(1A)(e): s. 16(1) (with s. 16(1A)(e)) power exercised by S.I. 1991/1537

[^c738702]: S. 16(1)(1A)(2)(3)(4)(5)(8): s. 16(1) (with ss. 16(1A)(2)(3)(4)(5)(8) and 36) power exercised (E.W.S.) (30.9.1991) by S.I.1991/2206

[^c738703]: Word substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

[^c738704]: S. 16(1A) inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

[^c738711]: Word substituted by S.I. 1977/1112, reg. 2

[^c738715]: 1920 c. 54.

[^c738716]: S. 16(5A) inserted (E.W.S.) by Agriculture Act 1986 (c. 49 SIF 2:1), s. 2

[^c738717]: Words substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

[^c738718]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6

[^c738719]: S. 16(8) added by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(3)

[^c738723]: S. 17(2) applied (1.9.1993) by: S.I. 1993/2005, reg. 10(2); S.I. 1993/2006, reg. 10(2); S.I. 1993/2007, reg. 10(2); S.I. 1993/2008, reg. 11(2); S.I. 1993/2009, reg. 10(2)

[^c2101691]: S. 17(2) applied (E.) (31.1.2003) by: S.I. 2002/3171, reg. 24(2); S.I. 2002/3172, reg. 27(2); S.I. 2002/3173, reg. 27(2); S.I. 2002/3174, reg. 27(2); S.I. 2002/3175, reg. 27(2)

[^c738724]: S. 17(3) applied (1.9.1993): by S.I. 1993/2005, reg. 10(3); S.I. 1993/2006, reg. 10(3); S.I. 1993/2007, reg. 10(3); S.I. 1993/2008, reg. 11(3); S.I. 1993/2009, reg. 10(3)

[^c2101692]: S. 17(3) applied (E.) (31.1.2003) by: S.I. 2002/3171, reg. 24(3); S.I. 2002/3172, reg. 27(3); S.I. 2002/3173, reg. 27(3); S.I. 2002/3174, reg. 27(3); S.I. 2002/3175, reg. 27(3)

[^c738725]: S. 18(2) (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch.

[^c738726]: Words substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

[^c738727]: Ss. 20—23A repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[^c738728]: 1920 c. 54.

[^c738730]: S. 25 modified by S.I. 1984/412, art. 22 S. 25 modified (S.) (7.7.2000) by S.S.I. 2000/201, reg. 21 S. 25 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

[^c738731]: S. 25 modified (11.10.1991) by S.I. 1991/2206, reg. 23(1)(2) (with regs. 4, 5)

[^c738732]: S. 25(1) modified (11.10.1991) by S.I. 1991/2206, reg. 23(3) (with regs. 4, 5)

[^c738733]: S. 25(4) excluded (11.10.1991) by S.I. 1991/2206, art. 23(4) (with regs. 4, 5)

[^c738734]: Words substituted for s. 25(7) paras. (a)(b) by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

[^c738735]: Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

[^c738736]: Word “and” and s. 25(8)(b) repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[^c738738]: S. 25(9) has effect as if the new penalty there mentioned was a fine not exceeding level 3 on the standard scale by virtue of (E.W.) 1982 c. 48, s. 39, Sch. 3 and by (S.) 1975 c. 21, s. 289H, Sch. 7 (which 1975 Act was repealed (1.4.1996) (S.) by 1995 c. 40, s. 6(1), Sch. 5 (with s. 6(2), Sch. 6)) and (1.4.1996) (S.) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III (with Sch. 3 paras. 1, 16, 17)

[^c738739]: S. 26 modified by S.I. 1984/412, art. 22

[^c738740]: S. 26 modified (S.) (7.7.2000) by S.S.I. 2000/201, reg. 21 S. 26 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

[^c738741]: S. 26(2)(4)(5)(6)(7)(8)(9) excluded (11.10.1991) by S.I. 1991/2206, reg. 23(1)(5) (with regs. 4, 5)

[^c738749]: S. 27 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

[^c738750]: S. 27(1) has effect as if the fine mentioned was a fine of level 5 on the standard scale by virtue of (E.W.) 1982 c. 48, s. 39, Sch. 3 and by (S.) 1975 c. 21, s. 289H, Sch. 7 (which 1975 Act was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and (1.4.1996) (S.) by virtue of 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III (with Sch. 3 paras. 1, 16, 17)

[^c738758]: S. 28 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

[^c738759]: Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 44(a)

[^c738760]: 1980 c. 43.

[^c738761]: Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)

[^c738762]: 1975 c. 21.

[^c738763]: Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 44(b)

[^c738765]: S. 28(2A) inserted (8.5.1998) by 1997 c. 66, s. 47; S.I. 1998/1028, art. 2

[^c738766]: 1980 c. 43.

[^c738767]: 1995 c. 46.

[^c738768]: S. 28(3) (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch. 1

[^c738773]: S. 29(1) applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

[^c738774]: Words inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

[^c738776]: S. 29(2)(3) added by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

[^c738777]: S. 29(2) amended (1.7.1999) by S.I. 1999/1797, art. 3, Sch. 12 Pt. II para. 2

[^c738778]: Words in s. 29(2) substituted (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 2

[^c738779]: S. 30 (in part) extended (N.I.) by S.I. 1973/609, art. 1, Sch.

[^c738780]: Words repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

[^c738781]: S. 30(2) applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

[^c738782]: Unreliable margin note

[^c738783]: S. 31(2) repealed by Trade Descriptions Act 1968 (c. 29), Sch. 2

[^c738729]: Ss. 25—27, 30 so far as they relate to ss. 20—23 and s. 29 extended (N.I.) by S.I. 1964/1574, art. 1, Sch.

[^c738784]: S. 32 repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[^c738785]: S. 33(7): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

[^c738786]: Words “level 3 on the standard scale” substituted (S.) for “twenty pounds” and “fifty pounds” respectively by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

[^c738790]: Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

[^c738795]: Words in s. 34(1) inserted (8.5.1998) by 1997 c. 66, s. 51(1)(a); S.I. 1998/1028, art. 2

[^c738796]: Words in s. 34(2) substituted (8.5.1998) by 1997 c. 66, s. 51(1)(b); S.I. 1998/1028, art. 2

[^c738797]: Words repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[^c738805]: S. 36: s. 16(1), (1A)(e) and (8) (with s. 36) power exercised by S.I. 1991/656. S. 36: s. 16(1), (1A)(e) and (8) (with s. 36) power exercised by S.I. 1991/657. S. 36: s. 9(1) (with s. 36) power exercised by S.I. 1991/655

[^c738806]: S. 36: for previous exercises of this power see Index to Government Orders.

[^c738807]: S. 36: s. 16(1) (with ss. 16(1A)(5)(8) and 36) power exercised by S.I. 1991/1601 S. 36: s. 16(1) (with ss. 16(8) and 36) power exercised by S.I.1991/1602. S. 36: s. 16(1) (with ss. 16(1A)(2)(3)(4)(5)(8) and 36) power exercised (30.9.1991) by S.I. 1991/2206

[^c738808]: S. 37(1)(a)-(c) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738811]: Words in s. 37(2) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738815]: Definitions repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738816]: Words inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(4)

[^c738817]: Words substituted by S.I. 1978/272, Sch. 5 para. 10

[^c738819]: Definition substituted (8.5.1998) by 1997 c. 66, s. 51(2); S.I. 1998/1028, art. 2

[^c738858]: S. 39 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(1)

[^c738859]: References to Parliament of Northern Ireland to be construed as including references to the Northern Ireland Assembly: S.I. 1973/2163, Sch. 5 para. 17

[^c738860]: Reference to a resolution passed by the two Houses of the Parliament of Northern Ireland to be construed as including reference to a resolution of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 3(1)

[^c738861]: Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

[^c738862]: S. 39(2)(a) and the word immediately following it repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738863]: S. 39(3)(4) extended by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(3)

[^c738864]: S. 39(3)(a)(ii) substituted (21.11.2002) by S.I. 2002/2843, art. 5

[^c738865]: S. 39(3)(b) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738867]: 1920 c. 54.

[^c738868]: S. 40 extended by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 5(2)

[^c738869]: Power of appointment conferred by s. 41(2) fully exercised as regards all unrepealed provisions; S.I. 1966/276, 1968/206, 1973/928, 1978/1002

[^c738791]: Pt. IV (except s. 40) extended (N.I.) by S.I. 1964/1574, art. 1, Sch.

[^c738792]: Provisions of Pt. I and of Pt. IV in its application to the said Pt. I extend to the Isle of Man subject to specified exceptions, adaptations and modifications by S.I. 1969/1829 art. 2, Sch.

[^c738871]: Sch. 1 repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738885]: Sch. 2 repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738898]: Sch. 3 repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738901]: Sch. 4 repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

[^c738913]: Sch. 5 repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[^c738914]: The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c738544]: Words added by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7

[^c738546]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(a)

[^c738547]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(2)

[^c738549]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(b)

[^c738550]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(c)

[^c738551]: S. 3(5)(8) repealed (with saving) by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 1(3)(5), 6, Sch. 2

[^c738555]: Words repealed (with saving) by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 1(3)(5), 6, Sch. 2

[^c738556]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 1(1)

[^c738558]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 1(2)

[^c738561]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 1(3)

[^c738563]: S. 5(3) repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

[^c738574]: S. 5A inserted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(1)

[^c738576]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 2(1)

[^c738577]: S. 5A(4) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art. 2

[^c738578]: Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 2(2), Sch. 2

[^c738579]: Words in s. 5A(4) repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2

[^c738583]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6

[^c738584]: Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 2(3), Sch. 2

[^c738587]: S. 7(5)(a) substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 3(2)

[^c738589]: Unreliable margin note

[^c738591]: Words substituted by Restrictive Trade Practices Act 1976 (c. 34), Sch. 5

[^c738592]: 1976 c. 34.

[^c738595]: S. 9: for previous exercises of this power see Index to Government Orders

[^c738596]: S. 9(1): s. 9(1) (with s. 36) power exercised by S.I. 1991/655

[^c738614]: Words substituted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(5)

[^c738616]: Words in s. 10(2) substituted (1.10.1992) by virtue of Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 2.

[^c738617]: 1894 c. 13.

[^c738618]: Words in s. 10(4) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3

[^c738620]: Words in s. 10(6) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 18 (with s. 81(2)); S.I. 1996/3146, art. 3

[^c738622]: S. 12 repealed by Tribunals and Inquiries Act 1971 (c. 62), Sch. 4 Pt. I

[^c738624]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6

[^c738625]: Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 3, Sch. 2

[^c738630]: 1947 c. 44.

[^c738631]: 1947 c. 44.

[^c738633]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 4(1)

[^c738634]: S. 15(1A) inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 4(2)

[^c738872]: Words substituted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7

[^c738873]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 7, Sch. 2

[^c738874]: Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 7, Sch. 2

[^c738876]: Words added by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7

[^c738877]: Words substituted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7

[^c738878]: Sch. 1 para. 4(1A) inserted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 7

[^c738879]: Sch. 1 para. 4(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) and S.I. 1984/703 (N.I. 3), arts. 5 (substitution of references to levels on the standard scale), 6 (increase of fines), 9 (in relation to liability on first and subsequent convictions) apply

[^c738880]: Words “level 3 on the standard scale” substituted (S.) for “fifty pounds” and “one hundred pounds” respectively by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

[^c738886]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 8(1)

[^c738887]: Word substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 8(1)

[^c738888]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 8(2)

[^c738889]: Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 9(1)

[^c738890]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 9(2)

[^c738892]: Proviso substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1. para. 9(3)

[^c738893]: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 9(4)

[^c738895]: Words repealed by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 8

[^c738899]: Sch. 3 para. 1(1) substituted for subparas. (1)(2) by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 2

[^c738903]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 21(1)

[^c738904]: Sch. 4 para. 1(2): words inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.54 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

[^c738905]: Sch. 4 para. 1(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.54 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

[^c738906]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 21(2)

[^c738907]: Words substituted as provided by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 21(2)