ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce IP/NI1 IGBR/P/3 
25 avril 1996 
(96-1561) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Royaume-Uni 
Le present document contient le texte des lois et reglementations ci-apres1, notifiees par le 
Royaume-Uni au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/GBR/l): 
Loi de 1964 sur les varietes et semences vegetales 2 
Loi de 1983 sur les varietes vegetales 28 
1 Anglais seulement. Plant Varieties and Seeds 
Act 1964 
1964 CHAPTER 14 
~n Act to provide for the granting of proprietary rights to 
persons who breed or discover plant varieties and for 
the issue of compulsory licences in respect thereof; 
to establish a tribunal to hear appeals and other 
proceedings relating to the rights, and to exclude 
certain agreelnents relating to the rights from Part I 
of-the Restrictive Trade Practices Act 1956; to confer 
power to regulate, and to amend in other respects 
the law relating to, transactions in seeds and seed 
potatoes, including provision for the testing of seeds 
and seed potatoes. the establishment of an index of 
nanles of varieties and the unposition of restrictions 
as respects the introduction of new varieties; to 
control the import of seeds and seed potatoes; to 
authorise measures to prevent injurious cross-pollina­
tion; and for connected purposes. [12th March 1964] 
BE IT ENACTED by the Queen's most Excellent Majesty, by and 
with the advice ancl.,~onsent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament 
ssembled, and by the authority of the same, as follows;-
PART I 
PLANT BREEDERS' RIGHTS 
1.-0) Rights. to be known as plant breeders' rights. may Grant of plant 
le granted in accordance with this Part of this Act in respect breeders' 
If plant varieties of such species or groups as may be prescribed rights. 
ly a scheme made by the Ministers under this Part of this Act. 
(2) Subject to this Part of this Act, plant breeders' rights shall 
>c granted to an applicant by the Controller of the Plant Variety 
Zights Office established under this Part of this Act (hereafter '"t:I~ 
~ ~ OQ­n Z N;::: -Cl 
~ w PART I 
Conditions 
for grant 
of rights. in this Act referred to as " the Controller'" '1n being satisfled 
that the conditions laid down in the next fl. _Jwing section arc 
fulfilled. 
(3) Schedule 1 to this Act shall have effect for the protection 
of an applicant pending the decision· -to allow or refuse his 
application for the grant of plant breeders' rights. 
(4) An appeal shall lie to the Tribunal established under this 
Part of this Act (hereafter in this Act referred to as H the 
Tribunal") against the decision of the Controller to allow or 
refuse an application for the grant of plant breeders' rights. 
(5) Before making a scheme under this Part of this Act the 
Ministers shall consult the Controller and representatives of 
such interests as appear to the Ministers to be concerned. and 
any scheme under this Part of this Act-
(a) may make different provision for different species or 
groups of plant varieties, . 
(b) may contain such supplemental. incidental and transi­
tional provisions as appear to the Ministers to be 
appropriate, and 
(c) may be varied or revoked by a subsequent schemc, 
so, however, that the variation or revocation of a scheme shall 
not prejudice a grant of plant breeders' rights made before the 
variation or revocation takes effect. 
(6) A scheme under this Part of this Act shall be made by 
statutory instrument which shall be subject to annulment in 
pursuance of a resolution of either House of Parliament. 
2.-(1} The conditions laid down in this section must be 
fullilled as 'respects an applicant for plant breeders' rights and 
the plant variety to which the application relates. 
(2) The applicant must be ,the person who bred or discovered 
the variety. or his successor in title. and the provisions of Part I 
of Schedule 2 to this Act shall have effect as respects priorities 
between twO or more persons who have independently bred 01 
discovered a variety. 
(3) The variety must conform to the rules in Part II of 
Schedule 2 to this Act. 
(4) References in this section and Schedule 2 to this Act to 
the discovery of a plant variety are references to the discovery 
of a plant variety. whether growing in the wild or occurring 
as a genetiC variant, whether artificially induced Of not. 
Period for 3.-(1) A scheme under this Part of this Act shall prescribe 
which rig~ts the period. being a period not exceeding 25 years. for which 
are exercisable. plant breeders' rights are to be exercisable. (2) As respects '"-uit trees and their root-stocks. forest and 
ornamental trees c.. .• J grape vines the period so prescribed shall 
be not less than 18 years, and a statement in a scheme under this 
Part of this Act to the eITect that a species or group of plant 
varieties falls under this subsection shall be conclusive. 
(3) As respects plant varieties not falling under the last 
foregoing subsection the period so prescribed shall be not less 
than 15 years. 
(4) Subject to the follDwing provisions of tllis section. the 
period for which plant breeders' rights are exercisable shall be 
the relevant period prescribed by a scheme under this Part 
of this Act. beginning with the date on which the grant of the 
plant breeders' rights by the Controller takes effect. 
(5) If on the application of the holder of any plant breeders' 
rights the Controller is satisfied that, for reasons' beyond the 
control of the applicant. the holder has not been adequately 
remunerated by the grant of the rights, the Controller may 
extend the period for which his plant breeders' rights arc exer­
cisable. subject to such restrictions, conditions and other provi­
sions, if any, as may be directed by the Controller so, however,-
(a) that the period as extended shall not exceed 25 years. 
and 
(b) where the period as extended is less than 25 years, 
no further extension shall be made under this sub­
section. 
An appeal shall lie to the Tribunal against the decision of the 
Controller to allow or refuse an application under this sub­
section. 
(6) The ·holder of plant breeders' rights may at any time 
make an appliCUltion to the Controller offering to surrendcr his 
rights and if •. after notice of the application has been given in 
the manner prescribed by -regulations under this Part of this 
Act, and after the procedure so prescribed for hearing any 
person on whom the right to object is conferred by sucb regula­
tions has been followed, the Controller is satisfied that the 
rights may properly be surrendered, he may accept the offer 
and terminate the pe~od for which the rights are exercisable. 
An appeal shall lie to the Tribunal from any decision of the 
Controller under ~his subseotion. 
(7) The Controller shall terminate the period for which allY 
plant breeders' rights are exercisable if at any time he is 
satisfied-
(a) that any information submitted in the application for 
the grant of the rights. or any information submitted 
by or on behalf of the applicant in connection with PART I 
I"O~ 
~ "'t:I OQ-
('P Z '-.. w--o 
It:;tj 
.~ 
11"0 .-w PART I the application, was incorrect ap" that, if the 
Controller had known before the g .. _ .. It that it was 
incorrect, he would have refused the grant, or 
(b) that facts have been discovered which, if known before 
the grant, would have resulted· "in the grant being 
refused on the grounds that rule 1 or rule 2 in Part Il 
of Schedule 2 to this Act was not satisfied in respect 
of the plant variety. 
(8) The Controller shall revoke or, if it has begun, terminate 
any extension under subsection (5) of this section of the period 
for which any plant breeders' rights are exercisable if at any 
time he is satisfied that any information submitted in the 
application under that subsection, or any information sub­
mitted by or on behalf of the applicant in connection with the 
application, was incorrect and that, if the Controller had 
known before deciding to allow the application that it was 
incorrect, he would have refused the application. 
(9) An appeal shall lie to the Tribunal against any decision 
of the Controller to act under subsection (7) or subsection (8) 
of this section. 
The nat.ure 4.-(1) Subject to this Part of this Act, the holder of plant 
of the rights. breeders' rights in a plant variety shall have the exclusive right 
to do, and to authorise others to do, as follows-
(a) -to sell the reproductive material of the plant variety; 
(b) to produce the reproductive material of the plant variety 
in Great Britain for the purpose of selling it; and 
(c) in the circumstances described in Schedule: 3 to this 
Act, to exercise the other rights there specified, 
and, subject to this section, infringements of plant breeders' 
rights shall be actionable at the suit of the holder of the rights, 
and in any proceedings for such an infringement all such relief, 
by way of damages, injunction, interdict, account or otherwise, 
shall be available as is available in any corresponding pro­
ceedings in respect of infringements of other proprietary rights.' 
(2) Paragraph (a) of the foregoing subsection shall not apply 
to the sale of reproductive material which is not in Great Britain 
when it is sold; but if any person purchases the reproductive 
material of :the plant variety which is not in Great Britain 
when it is sold and uses it in Great Britruin as reproductive 
material, the purchase and subsequent use shall together con· 
stitute an infringement of the plant breeders' rights and the 
purchaser shall be liable to be proceeded against in respect 0: 
the infringement. 
References in this subsection to using thc reprod uctive 
material of a plant variety as reproductive material in Great Britain include rcfer"""ces to so disposing of that material 
(otherwise than by \. .' of sale) while it is in Great Britain 
as to make it available for use in Great Britain as reproductive matcrial. 
(3) Tllcre shall be no right to damages III respect of an infringement of plant breeders' rights-
(a) if the perSOn infringing the rights was not aware, and 
had no reasonable grounds for suspecting, that the 
plant variety in question was the subject of plant breeders' rights, or 
(b) in a case where the infringement consists of a breach 
of conditions attached to a licence, if that person had 
.no notice of any of those conditions, 
but the person who WOUld, but fur the foregoing provisions, be 
entitled to daJnages shall be entitled to an account of profits in 
respect of the infringcment (and to payment of any· amount 
found due on the account) whether any other relief is granted under this section or not. 
. (4) The holder of plant breeders' rights may. in authorising 
other persons to exercise his exclusive rights, impose any con­
ditions. limitations or restrictions which may be imposed by 
the bolder of any other kind of proprietary rigbts, and plant 
.breeders· rights shall be assignable like other kinds of proprietary rights. 
. (5) A sale of the reproductive material of a plant variety 
which is the subject ()f plant breeders' rights, being a sale by 
the holder of the rigbts (or by any other person authorised to grant a licence in respect of those rights)_ 
(a) shall not imply that the seller authorises tbe purcbaser 
to produce the reproductive material of tbe plant 
variety for the purpose of selling it, but 
(b) subject to any terms or conditions imposed by tbe seller, 
shall imply that the seller authorises the purchaser 
to sell tbe reproductive material sold to him. 
(6) In this section and in Schedule 3 to this Act references ,to 
selling reproductive material include references to any trans­action effected in the Course of business_ 
(a) under which the property in the reproductive material 
passes from one person to another, or 
(b) under wbich the reproductive material is made over 
by one person to another in pursuance of a contract 
under which he will use the reproductive material for 
growing further reproductive material or~ otber crops, 
and paragraph (b) of this subsection shall apply irrespective of 
whether the contract provides that the property in the crop will PART I 
~~ ~ ........ 
~Z ........ 
.t::..~ 
~ 
~ PART I 
Naming of 
protected 
plant varieties. be in the person to be regarded as the sellr or the person to 
be regarded as the purchaser, or a third party, and any reference 
to purchasing or a purchaser shall be construed accordingly. 
5.-(1) The Ministers may by regulations under this section 
provide for the selection of names for plant varieties which are 
the subject of applications for plant breeders' rights and for the 
keeping of a register of the names so selected. 
(2) Notice of all entries made in the register, including 
alterations, corrections and erasures. shall be published by the 
Controller in the gazette to be issued under Part IV of this Act, 
and in such other manner as appears to the Controller to be 
convenient for the publication of these to all concerned. 
(3) After a section of the Index under Part II of this Act has 
come into force, the part of the register under this section dealing 
with the class of plant varieties to which that section of the Index 
relates shall. so far as practicable, be combined with the Index. 
(4) Regulations under this section may in particular-
(a) prescribe the circumstances in which representations 
may be made regarding any decision as to the name to 
be registered in respect of any plant variety. 
(b) make provision for the publication or service of notices 
of decisions which the Controller proposes to take, and 
(c) prescribe the times at which, and the circumstances in 
which, the register may be inspected by members of the 
public. 
(5) Any regulations under this section shall be made by_ 
statutory instrument subject to annulment in pursuance of ';) 
resolution of either House of Parliament. 
(6) If. where a name is registered under this section for a 
plant variety, any person uses that name, or a name so nearly, 
resembling it as to be likely to deceive or cause confusion, in' 
selling or offering or exposing for sale--
(a) reproductive material of a different plant variety within'~ 
the same class, or 
(b) where under paragraph 1 of Schedule 3 of this Acl' 
plant breeders' rights in the first-men.tioned plant variety,' 
have been ex·tended to material other than reproduc~ 
tive material, that other material from a different plant 
variety within the same class, 
the use of the name shall be a wrong actionable in proceedings, 
by the holder of the rights; but it shall be a defence to a c1aioi'j' 
for damages in any such proceedings to prove that .the defendant~ 
took all reasonable preCautions against committing a wrong 
of the kind alleged and had not when using the name any 
reason to suspect that it was wrongful. ' (7) In tillS seclion the expression .. name" includes any 
deSignation, and re ~l1ces to plant varieties as being within the 
same class arc references to them as being within the same class being either-
(a) a class consisting of all plant varieties of the species 
or groups prescribed by anYone scheme under this Part of this Act, or PART 1 
(b) any other class of plant varieties prescribed for the 
purposes of this subsection by ally SUch scheme. 
6.-(1) The provisions of this section shall apply in relation Mainlenance 
to all plant varieties except such as fall within any species or of , 
group which is exclUded from this section by a scheme under this reprod~ChYC Part of this Act. matena. 
(2) Every holder of plant breeders' rights shall ensure 
'that. throughout the period for which the rights arc exercisable, 
,he is in a position to produce to the ContrOller reproductive 
material which is capable of producing the variety to which the 
'rights relate with the morphological and physiological 
'and other characteristics taken into account When the rights Were 'granted in respect of the variety. 
(3) It shall also be the duty of every holder of plant breeders' 
rights to alIord to the Controller all such information and 
facilities as he may request for the purpose of satisfying himself 
that the holder of the plant breeders' rights is fUlfilling his duty 
Under subsection (2) of this section, including facilities for the 
'ipspection by or on behalf of the Controller of the measures 
~ken for the preservation of the plant variety; and if he is 
satisfied that the holder of the rights has failed to comply with 
,any request under this subsection he may if he thinks fit at any 
'time t"minate the period for which the plant breeders' rights are exercisable. 
(4) 1£ at any time it appears to the Controller that any holder 
9f plant breeders' rights is no longer in a position to provide 
,the Controller with the reproductive material mentioned in sub­
:section (2) of this section, he shall terminate the period for ,which the rights are exercisable. 
. (5) An appeal shall lie to the Tribunal against any decision 
Tof. the Controller under thi§ section to terminate the period for ~hich any rights are exercisable. 
&;7.-(1) Subject to the provisions of 'this section, if any person Compulsory 
'applies to the Controller and satisfies him that the holder of licences, 
,any plant breeders' rights has unreasonably ref~sed to grant a 
;)icence to the applicant, or, in granting or olIering to grant a 
'licence, has imposed or put forward unreasonable terms, the "t1-
&~ 
(D ~ VI_ 
~ 
,~ 
,"t1 -w PART I Controller shall, unless it appears to him that there is good 
reason for refusing the application, gram } the applicant in 
the form of a compulsory licence any such rights as respects 
the plant variety as might have been granted to the applicant 
by the holder of the plant breeders'" rights. 
(2) A scheme under this Part of this Act may, for any species 
or group of plant varieties, prescribe for the purposes of this 
subsection a period of a length specified in the scheme, and a 
compulsory licence granted as respects a plant variety which 
falls within the species or group of plant varieties specified in 
the scheme shall not have effect during a period beginning with 
the date of grant of the rights and equal in length to the period 
so prescribed by the scheme. 
The prescribed period may be different for difIerent species 
or groups. 
(3) In entertaining applications and settling the terms of 
compulsory licences under this section the Controller she:!l 
endeavour to secure that the plant variety is available to t11e 
public at reasonable prices, that it is widely distributed, tha't it is 
maintained in quality and that there is reasonable remuneration 
for the holder of the plant breeders' rights. 
(4) A compulsory licence under this section may include 
terms obliging the holder of the plant breeders' rights to make 
reproductive material available to the holder of the compulsory 
licence. 
(5) Without prejudice to the following provisions of this Part 
of this Act requiring provision to be made by regulations as to 
proceedings before the Controller, where-
(a) the holder of the plant breeders' rights to which an 
application under subsection (1) of this section relates 
is, or is represented by, a society or other organisation 
which has as its main object, or one of its main objects. 
the negotiation or granting of licences to exercise plant 
breeders' rights. either as the holder of the rights or 
as agent for holders, and 
(b) an organisation (whether claiming to be representative 
of persons requiring licences or not) or a person 
(whether requiring a licence or not) applies to the Con­
troller for an opportunity of making representations 
concerning the application, and the Controller is satis­
fied that the organisation or person has a substantial 
interest in the application and that the application in­
volves issues . which may affect other applicants for 
compulsory licences under this section, and (c) if the applica" under paragraph (b) of this subsection 
is an orga11l~ ~ion, the Controller is satisfied that it is 
reasonably representative of the class of persons which it claims to represent, 
the Controller shall afford to the organisation or person apply­
ing under paragraph (b) of this subsection an opportunity of 
making representations to the Controller and of being heard 
by the Controller or by a person appointed by the Controller for the purpose. 
(6) The COIJ!roller before granting a compUlsory licence shall 
satisfy himself that the applicant is financially and otherwise in 
a position, and intends, (0 exploit the rights to be conferred on 
.him in a cOlllpetent Llnd businesslike manner. 
(7) Without prejudice to the remedies available to the holder 
of a compulsory licence by the taking of proceedings' in any 
court, the Controller may, if it is represented to him by any 
applicant that the holder of the plant breeders' rights lw': failed 
to meet any obligation imposed on him by a compulsory licence 
under this section, and he is satisfied that the representations 
are correct, terminate the period [or which the plant breeders' rights are exercisable. 
(8) The Controller may at any time on representations 
made by any applicant extend, limit or vary in any other 
respect, or revoke, a compulsory licence. 
(9) A oompuLsory licence under this section may be granted 
to an applicant whether or not the holder of the plant breeders' 
rights has granted licences to the applicant or any other person, 
and shall not be an exclusive licence. 
(10) If and so far as any agreement purports to bind any 
pelfson not to apply for a compulsory licence under this se('.tion, it shall be void. 
(11) An appeal shall lie to the Tribunal against the decision 
of the ControlIer to allow or refuse any application under 
subsection (1), SUbsection (7) or subsection (8) of this section. PART I 
8. Part I of the Restrictive Trade Practices Act 1956 (registra- Exclusion 
'lion and judicial investigation of restrictive trading agreements) from 
shall not apply- ' Restrictive 
(a) to any licence granted by a holder of plant breeders' Practices Trade 
rights or by any other person authorised to grant a Act 1956. 
licence in respect of such rights. or 0;,-
(b) to any assignment of plant breeders' rights or of the 
title to apply for the grant of such rights. or 
c ~~ 
rt~ 
Cl) z ....... 0"1 ~ ....... 
~ 
~ PART I 
Regulations, 
as to 
applications, 
fees, etc. (c) to any agreement for such a licence or assignment. 
being a licence. assignment or agreement unQ",[ which no such 
restrictions as are described in section 6(1) of that Act are 
accepted except in respect of goods which are plants or parts of 
plants of the plant variety which is the subject of those plant 
breeders' rights, or will be the subject of them if granted. 
9.-{l) Regulations may be made under this section by the 
Ministers as respects the manner in which the Controller is to 
discharge his functions under this Part of this Act, and in par­
ticular as respects-
(a) applications for the grant of plant breeders' rights and 
other applications to the Controller under this Part 
of this Act, and 
(b) the charging of fees, including periodical fees payable 
by persons holding plant breeders' rights. 
and regulations concerning fees charged by the Controller shall 
be separate regulations made with the approval of the Treasury. 
(2) Regulations under this section may authorise the 
Controller-
(a) in the case of a failure to pay any fees payable in con­
nection with any application to him under this Part of 
this Act, to refuse the application, and 
(b) in the case of a failure by a holder of plant breeders' 
rights to pay any fees payable in connection with those 
rights. to terminate the period for which the rights are 
exercisable. 
with or without, in any case, a right of appeal against the 
Controller's decision. and may provide for the restoration of 
the application or the rights if the failure to pay fees is made 
good. 
(3) The regulations shall provide for affording, before the 
Controller makes a decision to which this subsection applies, 
both to the person entitled to appeal to the Tribunal against 
that decision, and to persons of such other descriptions as may, 
be prescribed by the regulations. an opportunity of making 
representations to the Controller and of being heard by the' 
Controller or by a person appointed by the Controller for the 
purpose. 
This subsection applies to any decision of the Controller 
against which, under the provisions contained in this Part of 
this Act, an appeal lies to the Tribunal. 
(4) The regulations may, in addition to the rights of appeal 
conferred by the provisions contained in this Part of this Act, confer a right of app.o"·l to the Tribunal against any decision 
of the Controller undl .egulations made under section 5 of this Act or this section. 
(5) RegUlations under this section may in particular-
(a) prescribe the information and facilities to be afforded 
by an applicant and the reproductive material and 
other plant material to be submitted at the time of 
the application or subsequently. 
(b) prescribe the tests, trials, examinations and other steps 
to be taken by the applicant or the Controller before 
any application is granted. and the time within which 
any such steps arc to be taken, 
(c) reslrict the making of rcpeaLcd applications on the same SUbject, 
(d) prescribe the circW11stanccs in which representations 
may be made regarding any decision on any applica­tion, 
(e) make provision as to the keeping of registers and records 
by the Controller and their reotification, and prescribe 
tthe circumstances in which they may be inspected by 
members of the public. 
(f) make provision for the publication or service of notice 
of applications and of the Controller's decisions, 
(g) prescribe the manner of dealing with objections to 
applications. 
(6) Subject to the provisions of this section requiring the 
approval of the Treasury for regulations concerning fees, any 
regulations under this section shall be made by the Ministers 
by statutory instrument subject to annulment in pursuance of 
a resolution of either I-louse of Parliament. PART] 
. 10.-(1) There shall be a Plant Variety Rights Tribunal in The Tribunal. 
relation to which the provisions of Schedule 4 to this Act shall apply. 
(2) Subject to tIlls section. section 9 of the Tribunals and 
..Inquiries Act 1958 (appeals on questions of law) shall apply 
'as if the Tribunal were included among the tribunals mentioned 
1n subsection (1) of that section and, subject to that section, the 
decisions of the Tribunal shall be final and conclusive. 
. (3) The Tribunal shall, in addition to their jurisdiction under 
this Part of this Act, hear and 'determine, any matters agreed to 
be referred to the Tribunal by any arbitration agreement relating 
to the infringement of plant breeders' rights, or to matters 
which include the infringement of plant breeders'~ rights, but 
subsection (2) of this section shall not apply in relation to any 
jurisdiction conferred on the Tribunal by this subsection. 
C2 ~­~ ~ OQ­
(t) Z --....J ..... -o tlj 
~ 
~ 
l.;..) PART J 
The Plant 
Variety 
Rights Office. (4) The fees payable to the Tribunal for ~cting under any 
arbitration agreement shall ,be such as the 1 lunal may deter­
mine, and nothing in section 4 of the Arbitration (Scotland) Aet 
1894 (power to name oversman) or in section 9 of the Arbitration 
Act 1950 (agreements for reference to three arbitrators) shall be 
taken as applying to the Tribunal.' 
(5) Regulations may be made by the Ministers under this 
section as respects any appeal to the Tribunal under this Act, 
or under regulations made under this Act for all or any of 
the following purposes, that is-
(a) to provide for determining in which part of Great 
Britain any appeal is to be heard ~ 
(b) to authorise persons other than the appellant and the 
Controller or other authority whose decision is 
appealed against to appear and be heard as parties to 
any appeal; 
(c) to provide for suspending, or authorising or requiring 
the suspension of, the operation of a decision pending 
final determination of an appeal against a decision, 
and 
(d) to provide for the publication of notices or the taking of 
other steps for securing that the persons affected by the 
suspension of the operation of a decision appealed 
against will be informed of its suspension. 
Regulations under this section shall be made by statutory 
instrument which shall be subject to annulment in pursuance 
of a resolution of either House of Parliament. 
(6) In the application of this section to England and Wales 
If arbitration agreement" has the meaning given by section 32' 
of the Arbitration Act 1950. 
11.-0) For the purposes of this Part of this Act there shall 
be an office to be known as the Plant Variety Rights Office 
which shall be under the immediate control of an officer, 
appointed by the Ministers, to be known as the Controller of; 
Plant Variety Rights. 
(2) The Controller shall in the exercise of his functions, otheI 
than the taking of any decision from which an appeal lies to 
the Tribun.al, act under the general direction of the Ministers. 
(3) The Ministers may, in addition rt:o the Controller, appoint 
a deputy controller and such other officers and servants to act 
in the Plant Variety Rights Office as the Ministers may with: 
the consent of the Treasury determine, and ·there shall be paid 
to the Controller and any other officers and servants appointed 
under this section such remuneration and allowances as the. 
Treasury may determine. (4) \Vithout prcju(P""! to the Controller's general discretion 
as to the manner in nich he performs his duties under this 
Act, and subject to subsection (2) of this section, the Controller-
(a) in carrying out the tests and trials which he considers 
expedient for the purposes of this Part of this Act, 
and in assessing the results of any tests and trials 
(whether carried out by him or not) which he con­
siders relevant for those purposes, may use the 
services of persons who are not oLliccrs or servants 
appointed under this section and lllay pay to such 
persons in respect of their services fees in accordance 
with such a scale as he may with the approval of 
the Treasury determine, and 
(b) may establish and maintain reference collections of 
plant material. and 
(c) may by means of grants of such amounts as he may 
with the approval of the Treasury determine defray 
or contribute towards the expenses incurred by any 
other person in maintaining any reference collection 
of plant material. 
(5) Any act or thing directed to be done by or to the Con­
roller may be done by or to any officer authorised by the 
Ministers, and prima facie evidence, or in Scotland sufficient 
evidence, of any document issued by the Controller may be 
given in all legal proceedings ~'/ ~hc production of a copy 
or extract certified to be a true JPy or extract by an officer 
appointed under this section and ~cl..lthorised to give a certificate 
.under this subsection. 
(6) There shall be an official seal for the Plant Variety Rights 
Office, which shall be officially and judicially noticed, and shall 
,be authenticated by the signature of the Controller or of an 
officer appointed under this section and authorised to authenti­cate the seal. 
. (7) Any document purporting to be certified or sealed in 
accordance with subsection (5) or subsection (6) of this section 
shall. unless the contrary is proved, be deemed to have been 
duly certified or sealed without proof of the official character 
or handwriting of the person appearing to have certified the 
document or authenticated the seal. PART 1 
; 12.-(1) Subject to this section, Part I of Schedule 1 to the Application 
Tribunals and Inq uirics Act 1958 shaJl1 have effect as if- of Tribunals 
. . and Inquiries (a) the Controller and any officer authOrIsed to exerCIse the Act 1958. 
functions of the Controller under section 11 (5) of this 
Act, and 
C3 "t1=:a 
~ -~Z -00 _ -~ 
~ w PART 1 (b) the TribUllal 
were specified therein. 
(2) Notwithstanding the foregoing subsection. section 5 of that 
Act (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) shall not apply 
to the Controller or any such officer as is mentioned in para­
graph (a) of the foregoing subsection. 
(3) References in that Act. as applied by this section, to the 
working or a decision of, or procedural rules for, the Controllcr 
shall not include references to his working. decisions or proccdure 
in the exercise of executive functions. 
False 13.-(1) If a person falsely represents that he is entitled to 
repres~ntations exercise any plant breeders' rights, or rights derived from plant 
as to ngbts breeders' rights, whether or not the variety as respects which 
~~:~:tion. the representation is made is the subj~ct o~ plant breeders' rights, 
and he knows that <the representatIon IS false or makes the 
representation recklessly. he shall be guilty of. an offence and 
liable on summary conviction to a fine not exceeding one 
hundred pounds or to imprisonment for a term not exceeding 
three months, or to both. 
Application 
of Part I to 
the Crown. (2) If-
(a) any information submitted in an application to the 
Controller for a decision against which an appeal lies 
to the Tribunal, or any information submitted by or 
on behalf of the applicant in connection with such an 
application, or 
(b) any information given in pursuance of a request under 
section 6(3) of this Act, 
is false in a material particular and the person giving the infor­
mation or making the statement knows that it is false or gives 
the information or makes the statement recklessly, he shall 
be guilty of an offence and liable on summary conviction to 
a fine not exceeding one hundred pounds or to imprisonment 
for a term not exceeding three months, or to both. 
14.-( 1) If any servant or agent of the Crown infringes any 
plant breeder's rights or makes himself liable to civil proceedings 
under section 5 of this Act, and the infringement or wrong is' 
committed with the authority of the Crown, then civil proceed.' 
ings in respect of the infringement or wrong shall lie against 
the Crown. (2) Subject to tb c'Jrcgoing subsection, no proceedings shall 
lie against the Cro\,.i by virtue of the Crown Proceedings Act 
1947 in respect of the infringement of plant breeder's rights or of any such wrong. 
(3) This section shall have effect as if contained in Part I of the Crown Proceedings Act 1947. PART I 
15.-(J) References in this Part of this Act to reproductive Interpretation 
material arc references lo reproductive material of plant varieties. of Part l. . and include re[crences_ 
(a) to seeds [or sowing, 
(b) to seed potatoes and other vegetative propagating material, 
(c) '10 whole plants, as well as parts of plants, where whole 
plants may be used as reproductive material, and 
(d) to ornamental plants and parls of ornamental plants 
when used commercially as propagating material in 
the production of ornamental plants and cut flowers. 
(2) References in this Part of this Act to an applicant for 
plant breeders' rights, or to the holder of plant breeders' rights, 
include, . where the context allows, references to his predeces­sors in title or his successors in title. 
PART II 
SEEDS AND SEED POTATOES 
Regulation of sales 
16.-(1) The Minister, after consultation with representatives Seeds 
of such interests as appear to him to be concerned. may by regulations. 
'statutory instrument make such regulations as appear to him to 
:,be necessary or expedient for the purpose-
(a) of ensuring that reliable and adequate information is 
afforded as to the nature, condition and quality of 
seeds which are sold or are for sale, 
(b) of preventing the sale of seeds which are deleterious, 
and of preventing the sale of seeds which have not been 
tested for purity and germination, or which are of a 
variety the performance of which bas not been sub-jected to trials, F' 9-
(c) of preventing the spread of plant disease by the sale of seeds, 
C4 ~­PJ ~ 
~­~ Z 
~;::::; -~ 
~ 
~ w PART 1I (cl) of regulating the descriptions under whicb -'>,eds are sold, 
and 
(e) of prescribing anything which, under this Part of this 
Act, is authorised or required to. be prescribed, 
,~- ~' 
and regulations under this section shall be known as seeds 
regulations. 
(2) Seeds regulations may include provisions as to the packets, 
bags, trays or other containers in which seeds may be sold or 
delivered to purchasers, and requirements as to the marking of 
such containers. 
(3) Seeds regulations may in particular-
(a) require information to be given in the prescribed manner 
(which may include the giving of it on any label, 
container or package) as regards seeds which are sold 
or offered or exposed for sale and, in particular, require 
the seller of any seeds to deliver a statement containing 
the prescribed particulars to the purchaser within the 
time limited by the regulations, 
(b) require any of the particulars contained in a state­
ment to be delivered to a purchaser or other person 
under seeds regulations to be particulars ascertained 
on a test of the seeds, 
(C) prohibit the selling, or the offering or exposing for sale. 
of seeds which contain more than a prescribed propor­
tion of weed seeds, or of weed seeds of a prescribed 
kind. 
(cl) prohibit persons from using. in relation to seeds which 
are sold, or are offered or exposed for sale, a prescribed 
name or designation or description except where the 
seeds have been grown or selected under the prescribed 
conditions. 
(e) require persons who deal in seeds to supply the Minister 
with information as to, and to keep records of,-
(i) transactions in seeds. 
(ii) statutory statements given or received by 
them, and other statements or invoices given or 
received by them in connection with the sale of 
seeds. 
(iii) processes or treatments applied to seeds, and 
(iv) the results of tests of seeds, 
and authorise officers of the Minister and other persons 
to call for production of the records, (I) where persons \ . "' deal in seeds also grow seeds, req uire 
those persons ~v supply the Minister with information 
as to, and to keep records of-
(i) acreages sown, and 
(ii) the yields of the crops, 
and authorise officers of the Minister and other persons 
to call for prod uction of the records, 
(g) regulate the procedure to be observed at, and the conduct 
of, official testing stations and other establishments a[ 
which tests may be carried out for the purposes of the regUlations, 
(h) regulate the manner in which any tests are to be made 
for the purposes of this Part of this Act, 
(i) provide for the licensing by the Minister of establish­
ments for the testing of seeds, other than official testing 
stations, and authorise the Minister to charge a fee 
for, and to attach conditions to, any such licence, 
and to make the conditions enforceable by withdrawal 
of the licence or by making a breach of any of the 
conditions an offence against seeds regulations. 
(4) In prescribing the manner in which samples are to be 
taken for the purposes of any provision in this Part of this 
Act or f9f the purposes of seeds regUlations, the regulations_ 
(a) may impose conditions as to the persons authorised to 
take samples and the places where they may be taken, 
(b) may require the person taking a sample to give part 
of it to the owner of the seeds or to some other 
person, may prescribe the manner in which the sample 
is to be divided into parts and may impose duties as 
respects the marking or labelling and the preservation 
of the parts of the sample, and 
(c) may provide for the identification, by the labelling or 
marking of their container or by some other method, 
of seeds from which a sample has been taken. 
(5) Seeds regulalions-
(a) may exempt, or authorise the Minister to exempt, any 
person or class of persons, or persons generally, from 
compliance with any of the provisions of the regulations, 
and may provide that the exemptions are to be, or 
may be made, subject to conditions, and 
(b) may contain such transitional provisions consequent on 
the repeal of the Seeds Act 1920 by this Act as may 
appear to the Minister to be expedient. 
(6) A statutory instrument containing regulations under this 
section shall be subject to annulment in pursuance of a resolution of either House of Parliament. 
C* PART II 
~~ 
~ ........ 
(1) ~ ............ 0 ........ 
fJ 
~ PART II 
Civil 
liabilities 
of sellers 
of seeds_ (7) If any person-
(a) in a statutory statement includes ,Jything which is 
false in a material particular, or 
(b) contravenes any provision contained in seeds regulations 
which concerns the use of a name or designation or 
description in relation to any seeds, 
he shall be liable on summary conviction to a fine not exceeding 
one hundred pounds or to imprisonment for a term not exceed­
ing three months, or to both. 
(8) If a person contravenes any provision contained in seeds 
regulations, and the contravention does not fall under sub­
section (7) of this section, he shall be liable on summary 
conviction-
(a) in the case of a first offence under this subsect.ion, to ~ 
fine not exceeding twenty pounds, and 
(b) in the case of a second or subsequent offence under this 
subsection, to a ,fine not exceeding fifty pounds. 
17 .-( 1) If and so far as seeds regulations provide that a 
statutory statement shall constitute a statutory warranty for the 
purposes of this section, the statutory statement, when received 
by the purchaser, shall, notwithstanding any contract or notice 
to the contrary, have effect as a written warranty by the seller 
that the particulars contained in the statutory statement are 
correct. 
(2) If and so far' as seeds regulations apply this subsection 
to the particulars in a statutory statement and prescribe limits 
of variation in relation to ',those particulars, those particulars 
shall, for the purposes of any legal proceedings on a contract for 
the sale of the seeds to which the statutory statement relates, be 
deemed to be true except iSO far as there is a mis-statement in the 
statutory particulars which exceeds the limits of variation so 
prescribed. 
(3) If and so far as seeds regulations apply this subsection 
to the particulars in a statutory statement, the particulars in the 
statutory statement shall, for the purposes of any legal proceed­
ings on a contract for the sale of the seeds to which the 
statutory statement relates, be deemed to be true unless it is 
made to appear on a test carried out at an official testing 
station, and made on a sample taken in the manner, and within 
the period, prescribed by seeds regulations, that the particulars 
were untrue. 
(4) Where a purchaser intends to obtain a test of seeds for 
the purposes of subsection (3) of this section, the seller of the seeds shaH be given wrilten notice of the purchascr's intcntIOn PAR1 11 
not more than the _ '.:icribed period after delivery to the 
purchaser of the seeds under the sale, and seeds regulations 
shall prescribe a procedure for taking a sample of seeds to be 
tested for the purposes of that subsection which will afford to 
the seller of the seeds or his agent an opportunity of being 
present when the sample is taken, and of obtaining part of the 
sample. ~ 
(5) A contravention of seeds regulations shall not affect the 
validity of a contract for the sale of seeds, or the right to enforce such a contract. 
(6) In Scotland a contract for the sale of seeds may not be 
treated as repudiated by reason only of a breach of a written 
,'warranty having effect by virtue of subsection (1) of this section. 
18.-0) If and so far as seeds regulations for the purposes Defences in 
of this section prescribe limits of variation in relation to the proceedings 
particulars in a statutory statement, it shall be a defence to for ,offenccds 
d' d h-A f ' I d' , agamst see s procee mgs un er t IS ctor mc u mg m a statutory statement rcgulation~. 
any false particulars to prove that the mis-statements in the 
particulars alleged to be false do not exceed the limits of 
variation so prescribed. 
(2) Subject to the provisions of iliis section, it shall be a 
defence.-
(a) to proceedings under this Part of this Act for including 
false particulars in a statutory statement, 
(b) to proceedings under this Part of this Act for an offence 
against seeds regulations relating to the nature, condi­
tion or quality of any seeds, and 
(c) to proceedings under this Part of this Act for an offence 
against seeds regulations relating to a prescribed name 
or designation or description, 
to prove-
(i) that the accused took all reasonable precautions against 
committing an olIence of the kind alleged and had 
not at the time of the alleged olIence any reason 
to suspect that an offence was being committed by 
him, and 
(ii) where the accused obtained the seeds to which the 
alleged olfence relates from some other Rerson, that on 
demand by or on behalf of the prosecutor the accused 
gave all the information in his power with respect to 
C 2* ~­~ ~ O'Q-
(p Z -~ ~ 
~ -o 
t::t1 
~ 
~ -w PART 11 
Presumption 
as respects 
statutory 
statements 
under seeds 
regulations. the name and address of that other person, and with 
respect to any statutory statement or ler document 
in his possession or power relating to [lIe seeds, and 
the contract of sale. 
(3) If in any such proceedings as arc mentioned in subsection 
(2)(a) of this section any of the particulars alleged to be false 
are particulars which, by seeds regulations, are to be particulars 
ascertained by means of a test made in accordance with the 
regulations, the defence under subsection (2) of this section shall 
not be available unless it is proved-
(a) that those particulars were ascertained on such a test 
and that the test was made not earlier than the date, 
if any, prescribed by seeds regulations for the purpose, 
or 
(b) that-
(i) the accused purchased the seeds from another 
person who, in connection with the sale, duly 
delivered to the accused a statutory statement giving 
particulars of the seeds which were the same as 
the particulars alleged to be false, and 
(ii) the accused had no reason to believe that 
paragraph (a) of this subseotion did not apply in 
relation to those particulars. 
19. For the purposes of this Part of this Act and of any seeds 
regulations, any statutory statement made as respects seeds 
which are in distinct portions shall be presumed to be made 
both as respects the seeds as a whole and also as respects each 
portion taken separately. 
The Index 
Index of names 20.-(1) The Ministers may in accordance with this section 
of x;>la.nt prepare an index of names of plant varieties for use in connec· 
vanetlCS. tion with the sale of seeds of those varieties (in this Part of this' 
Act referred to as " the Index "). . 
(2) The Index shall be compiled in sections, and each section; 
shall define the class of plant varieties to which it relates in suc~; 
terms as to make it possible to determine whether any plan( 
variety belongs to the class or not, irrespective of whether that: 
variety is for the time being in the Index. 
(3) Dillerent sections of the Index may be prepared, and may 
come into force, at different times. 
(4) Notice of thc coming into force of a section of the Index, 
and of all additions, corrections and erasures in a section of the 
Index after it has come into force, shall be published by the 
Ministers in the gazette to be issued under Part IV of this Act, and in such othcr ma --'.<~r as appears to the Ministers to be PART IJ 
appropriate for enslIri.~. that persons particularly concerned 
with the Index, or with the class of plant varieties to which the 
section of the Index relates, have their attention drawn to it. 
(5) After a sectioll of tile Index has come into force any 
person who in selling seed of a plant variety for which a name 
is given ill that section of the Index. Or in alTering or exposing 
for sale any such seed, Uses some name not given in the Index 
for that plant variety, being a name which serves or is intended 
by him to serve to distinguish the seed froill seed of other 
plant varieties within the class to which the section relates, shall 
be guilty of an oil'cnce under this section. 
(6) The Ministers may for the purposes of this section 
establish, or arrange for the establishment of, a reference collec­tion of plant material. 
(7) Schedule 5 to this Act shall have eiTeet as to the procedure 
; for compiling the Index and the other matters there mentioned. 
(8) In this and the three next fOllowing sections, and in Schedule 5 to this Act-
" class" means a class of plant varieties to which a section of the Index relates; 
" name" includes any designation, 
~nd for the purposes of those provisions a plant variety shall 
not be regarded as distinct from another plant variety unless 
it is clearly distinguishable by One or more important 
~orphological, physiological or other characteristics. 
r21._(J) Subject to this section. after a section of the Index /{csLricUons 
nas come into force it shaH be an offence under this section on sates of 
for allY person ill seHing seed of a plant variety which is within "'Cds
d of d 
' . '. . unm cxe ,t)Je class to whIch the sectIOn of the Index relates. but whIch plam 
is not in the Index. or in offering or exposing for sale any such varieties, 
seed. to use a name Which serves or is intended by him to serve 
tO'distinguish tile seed from seed of other plant varieties witllin that class. . 
(2) Subsection (1) of this section sball not apply-
(a) to a person Who reasonably believes that the seed is 
to be used for scientific purposes or for the purposes of researcb, or 
(b) to a person who reasonably believes that the seed 
will be used outside Great Britain. 
(3) Where any person makes. or proposes to make. arrange. 
ments under whicll some other person uses seed under the 
control of the first·mentioned person for the purpose of increasing 
c 3'" "tJ~ 
~ ~ 
~Z ........ ..... ..... 
~~ 
~ w PART 1l 
'e rf orrnance 
dals and 
eports for 
lew varieties 
vithin a 
.cction of 
he Index. the first-mentioned person's stock, or of carrying out tests or 
trials, and under which the whole of the materi, )foduced, 
directly or indirectly, from the seed, and any unused seed, 
becomes or remains the property of the first-mentioned person, 
subsection (1) of this section shall not apply- " 
(a) to a sale, or offer for sale, of the' s~ed by the first­
mentioned person to the other person as part of the 
arrangements. or 
(b) to a sale by that other person to the first-mentioned 
person of seed produced, directly or indirectly, from 
that seed. 
(4) Except as provided by paragraph 3(3) of Schedule 5 to 
this Act, the Ministers shall not refuse an application for the 
inclusion of a plant variety in the appropriate section of the 
Index after it has come into force on any ground other than 
that in their opinion the plant variety is not distinct from a 
plant variety which is for the time being in the Index. 
(5) If at any time it· appears to the Ministers that they 
will not be able to give a decision on such an application within 
two years from the time when the applicant has complied with 
the conditions prescribed under Schedule 5 to this Act for 
making the application, they shall make an entry in the Index 
giving to the plant variety such provisional name as appears to 
them appropriate; and when the decision has been given they 
shall make such corrections as may be required to give effect 
to the decision. 
(6) The applicant may appeal to the Tribunal against the 
refusal by the Ministers of such an application, and the Tribunal 
may at any time before the final determination of the appeal 
require the Ministers to make an entry in the Index giving a 
provisional name for the plant variety to which the application' 
relates pending the determination of the appeal. 
22.-( 1) If the Ministers by order bring this section into force. 
for any class of plant varieties in the Index, this section shall 
apply to any new plant variety within the class. 
An order under this subsection may be revoked by a sub­
sequent order, but without prejudice to liability for any offence. 
before the revocation takes effect ~ and any order under this 
subsectioil shall be made by statutory instrument after con­
sultation with representatives of such interests as appear to the 
Ministers to be concerned and any such statutory instrument 
shall be subject to annulment in pursuance of a resolution of 
either House of Parliament. 
(2) For the purposes of this section a plant variety shall 
be a new variety if it was not in the Index when the order under the forl!going subscr.tion came into force unless it has 
been exempted under th, .ext following subsection. 
(3) The Ministers may on an application from any person, 
and on being satisfied t.hat seed of a plant variety, although 
unindexeu, was in commercial use in Great Britain before the 
order under subsection (1) of this section took effect, exempt 
that plant variety from the provisions of this section. 
An appeal shall lie to the Tribunal against the refusal of an application under this subsection. 
(4) Subject to this section, it shall be an offence under this section-
(a) to sell seed of a new plant variety to which this section applies, or 
(b) to offer or expose for sale any such seed, or 
(c) to advertise for use any such seed, 
until seed of that plant variety has been submitted for the 
purpose of performance trials of that plant variety in accordance 
with this section, and until a report on the result of the per­
formance trials has been published in the manner prescribed by 
regulations under this section; and paragraphs (b) and (c) of 
this subsection shall apply whether or not the offer for sale or 
advertisement relates only to sales after the performance trials and report. 
(5) Paragraphs (a) and (b) of the last foregoing subsection 
shall not apply to a sale or ofIer for sale of seed which is not 
in Great Britain when the sale or offer for sale is made; but, 
subject to this section, where a person has acquired seed of 
a new plant variety to which this section applies, being seed 
which was not in Great Britain When he acquired it, it shall 
be an offence under this section for him in the Course of business-
(a) to use any of that seed in Great Britain as reproductive 
material at any time when under the last foregoing 
subsection it is unlawful to sell seed of that plant variety there; or 
(b) at any such time so to dispose of any of that seed 
(otherwise than by way of sale) while it is in Great 
Britain as to make it available for use there as repro­ductive material. 
(6) Subsection (4) of this section shall not apply to any 
sale or otIer for sale of the kind described in subsection (3) 
of the last foregoing section, and subsection (5) of this section 
shall not apply to the use of seed for the purpose of carrying out tests or trials. 
C,p PART 11 
"'t:1-
~ "'t:1 OQ­
~ Z ---Wo 
~ 
~ PARTJI (7) If it appears to the Ministers that a new -'!ant variety to 
which this section applies has undergone perfol .Lnce trials and 
that an adequate report of the result of those performance trials 
is generally available, or that there is any other sullicient reason 
for dispensing with the requirements of subsections (4) and (5) 
of this section, they may direct that those subsections shall cease 
to apply to seed of that plant variety, but without prejudice to 
liability for any ofIence previously committed. 
(8) For all new plant varieties to which this section applies 
there shall be a time limit by which (so far as practicable) the 
report on the result of the performance trials is to be published 
in accordance with this section; and if the report on the result 
of the performance trials of a new plant variety to which this 
section applies is not published within the time limit, subsections 
(4) and (5) of this section shall cease to apply to seed of that 
plant variety, but without prejudice to liability for any offence 
committed before the time limit ran out. 
Except so far as regulations under this section otherwise 
provide for a class or part of a class, the time limit shall be 
two years from the date on which the performance trials 
begin. 
(9) The Ministers shall in making entries in a section of the 
Index after an order under subsection (1) of this section has 
taken efIect-
(a) employ a method which will distinguish those entries 
from the earlier entries and indicate which of the later 
entries' relate to plant varieties exempted under, 
subsection (3) of this section, and 
(b) make additional entries showing when subsections (4) 
and (5) of this section have ceased to apply to seeds' 
of a new plant variety. ' 
(l0) The Ministers may by statutory instrument make regula~ 
tions for the purposes of this section and, in particular. may' 
by those regulations provide--
(a) for the manner of making applications under sub~. 
section (3) of this section, and applications for su~. 
mitting plant varieties for performance trials, 
(6) for the information to be afforded by an applicant 
and the materials to be submitted at the time of 
application or subsequently, 
(c) for the manner in which the reports are to be published 
and brought to the attention of those concerned, 
(cl) for the compiling of a register of applications for th~ 
submission of seeds for performance trials, of the 
reports of the results of those trials, and of the dates, 
of publications of the reports, and for including entries which wiIJ "'low the date when the time limit under PART IJ subsection ,of tbis section will faU, 
(e) for requiring the Ministers to publish notice of any 
direction under SUbsection (7) of this section, and of 
any case where a report is not published within the 
time limit under Subsection (8) of this section, 
and regulations under this subsection made with the approval 
of the Treasury may authorise the charging of fees to applicants 
for tbe submission of seeds for performance trials. 
A statutory instrUlllent under this Subsection shall be subject 
to annulment in pursuance of a resolution of either House of Parliament. 
(J I) References in this section to advertising are references 
to ad verlisi ng in any med i Ulll, including Sound and television 
broadcasting; but for the purposes of this section the communi_ 
cation of information in any publication for scientific purposes 
or purposes of research shall not be regarded as advertiSing, 
o 23,-(1) A person guilty of an offence under any of the Punishment 
three last foregOing sections shall be liable on summary for offences in 
'conviction to a fine not exceeding one hundred pounds or to co;ri1
uon 'imprisonment for a term not exceeding three months, Or to fu'dex. e both. 
(2) Notwithstanding anything in section 104 of the Magis­
trates' Courts Act 1952 or section 23 of the Summary Juris­
diCtion (Scotland) Act 1954 (time limit for proceedings), proceed­
ings for an offence under any of the three last foregOing 
sections may be brought at any time not more than two years 
from the time When the offence was committed. 
; (3) It shall be a defence to proceedings for an alIenee under any of the three last foregOing sections to prove_ 
(a) that the aCcused took all reasonable precautions against 
committing an olIence 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) wbere tbe aCcused obtained the seeds to which the 
alleged olIence relates from some otber person, that 
on demand by or on behalf of the prosecutor the 
aCcused gave all tlle information in his POwer with 
respect to tbe name and address of that other person, 
and witb r~spect to any statutory statement or other 
document in his POssession or pOwer relating to the seeds, and the contract of sale. 
(4) If any information submitted to the Ministers by or On behalf of-
(a) a person making an application or representations as 
respects any matter connected with the compilation or alteration of the Index, or 'i:1tt; 
crez ......... 
I--" I--" .f;l..O 
to 
~ W PART II 
mcial 
sling 
alions and 
:rtificates 
;' test. (b) an applicant under subsection (3) of the I? "t. foregoing 
section, 
is false in a material particular and the person giving the infor­
mation knows that it is false or gives the information recklessly. 
he shall be guilty of an offence and liable on summary 
conviction to a fine not exceeding one hundred pounds or to 
imprisonment for a term not exceeding three months, or to 
both. 
Official testing stations 
24.-( 1) Subject to this section, the Minister of Agriculture, 
Fisheries and Food and the Secretary of State shall respectively. 
continue to maintain the official seed testing stations established 
for England and Wales and for Scotland under the Seeds Act 
1920. 
(2) The Ministers may unite in establishing and maintaining, 
on such terms as may be agreed between them, a common official 
seed testing station for the whole of Great Britain. 
(3) Either or both of the Ministers may at any time alter 
the arrangements made by them for official seed testing stations 
for England and Wales and for Scotland respectively, and any 
official seed testing station established by either or both of 
them may be established in conjunction with any other bodies 
or persons. 
. (4) The Minister or Ministers concerned may, subject to the 
approval of the Treasury, authorise the charging of fees for the 
services given at an official seed testing station. 
(5) A certificate of the result of a test at an official seed testing 
station of a sample taken by an authorised officer for the 
purposes of this Part of this Act shall be in the form prescribed 
by seeds regulations. . 
(6) A certificate of the result of a test at an official seed testing 
station of a sample taken for the purposes of this Act, and 
purporting to be issued by an officer of an official seed testing 
station,-
(a) if the sample was taken by an authorised officer, shall. 
if a copy of the certificate has been served on the' 
accused with the summons or complaint, be sufficient 
evidence of the facts stated in the certificate in any 
proceedings for an offence under this Part of this 
Act, and 
(b) if the sample was taken by a person other than an' 
authorised officer in order to obtain the test for the 
purposes of section 17(3) of this Act, shall be sufficient" 
evidence of the facts stated in the certificate in any 
such legal proceedings as are mentioned in that sub­
section. unless, in either case, ,,;, her party to the proceedings requires 
that the person under Jose direction the test was made be 
called as a witness; and in that event, in the case of proceedings 
in Scotland, the evidence of that person shal1 be suflicient 
evidence of the facts stated in the certificate. 
(7) In any proceedings for an olIence under this Part of this 
Act in which a copy of a certificate of the result of a test has 
been served with the summons or complaint in pursuance of 
paragraph (a) of the last foregOing subsection, the accused, 
unless the COurt otherwise directs, shal1 not be entitled to require 
that the person under Whose direction the test was made be 
called as a witness unless he has, at least three clear days before 
the day on which the summons is returnable or, in SCotland. the 
case proceeds to trial, given notice to the prosecutor that he intends to do so. PART 1/ 
Supplemental 
25,-(1) The powers of entry conferred by SUbsections (3) and Powers of 
(4) of this section may be exercised for the purpose of entry, exercising_ 
(a) the further powers conferred by SUbsections (5) and (6) of this section, or 
(b) any powers of cal1ing for, inspecting Or taking copies 
of records or other dOCUments conferred by seeds regulations . 
or for the purpose of ascertaining Whether there is, or has been, 
On or in connection with the premises (including any vehicle or 
vessel) any contravention of any Provision Contained in this Part of this Act or in seeds regulations. 
(2) This section shall not authorise entry into any premises 
which are used exclusively as a private dwelling, 
(3) Any person duly authorised by the Minister in that behalf 
may, on prodUction if so required of his authority, at all 
reasonable hours emer any premises which he has reasonable 
cause to believe to be used for any purpose of a business in 
the course of which seeds are sold, whether the sale is by 
wholesale or retail, and whether the person conducting it acts ,asprincipal or agent. 
:' (4) Any person duly authorised' by the Minister in that behalf 
may, on production if so required of his authority, at all 
reasonable hours enter any premises on Which he has reason­
able cause to believe that there are any seed potatoes which 
'have been sold and which are to be delivered, Or arc in the 
'Course of delivery, to the purchaser, and t11e power of entry 
'under this subsection may be exercised When the seed potatoes 
are in transit in tile course of delivery to the purchaser, and 
,in particular when thcy arc in any vehiCle Or vessel in the COurse of delivery. ;9l:8 
~:Z ....... 
--I-l VlO 
tl1 
~ w PART II 
Use of 
samples in 
criminal 
proceedings. (5) A person may, on any premises (including any vehicle 
or vessel) which he has power under this sel n to enter for 
the purpose of exercising the powers conferred by this sub· 
section, examine any seeds which he finds there and may 
without payment take samples of any seeds so found. 
(6) The owner of any seeds which are offered or exposed 
for sale, or are stored for purposes of sale, or any person 
authorised to sell those seeds, may be required by a person duly 
authorised by the Minister in that behalf to deliver to him such a 
statement, if any, as the person selling them would by seeds 
regulations be obliged to deliver to a purchaser of those seeds, 
and to deliver it within the time prescribed for such a statement. 
(7) If any person fails to comply with a requirement under 
subsection (6) of this section he shall be liable on summary 
conviction-
(a) in the case of a first offence under this subsection, to a 
fine not exceeding twenty pounds. and 
(b) in the case of a second or subsequent offence under this 
subsection, to a fine not exceeding fifty pounds, 
and references in this Part of this Act to a statutory statement 
shall include references to a statement delivered under subsec· 
tion (6) of this section. 
(8) This section shall apply as respects- . 
(a) all kinds of seeds in respect of which an offence may 
under any circumstances be committed under seeds 
regulations as for the time being in force, and 
(b) seeds of all plant varieties which are within any class. 
to which a section of the Index which has come into 
force relates. 
(9) A person who obstructs or impedes any person .. acting in 
the exercise of the powers conferred by this section shall be 
liable on summary conviction' to a fine not exceeding twenty 
pounds. 
26.-(1) Evidence shall not be adduced in proceedings fo~ 
an offence under this Part of this Act respecting a sample take~ 
by an authorised officer unless the sample was taken in ,the 
manner prescribed by seeds regulations. 
(2) Seeds regulations shall provide for the sample being~ 
divided into at least two parts. and for one of the parts being 
given to the owner of the seeds or to such other person as may. 
be prescribed by seeds regulations, and shall provide for a third 
part of the sample to be retained for production in all cases 
where use of it may be made by the court under this section. (3) A cerliiicate j-the form prescribed by seeds regulations 
purporting to be iss(" ... by an authorised officer and slating that 
a sample was taken in the prescribed manner shall be suffIcient 
evidence of the facts st<l Led in the certificate. 
(4) If part of a sample taken by an authorised officer is 
sent to the chief oflicer of an official testing station, it shall be 
so sent as Soon as practicable after the sample is taken, and the 
person to whom any other part of the sample is given shall be 
informed before the first-mentioned part is sent. 
(5) A copy of a certificate issued by an official testing station 
stating the result of a test of part of a sample taken by an 
authorised olficer shall be sent to the person to whom any other part of the sample is given. 
(6) In any proceedings for an offence under this Part of 
this Act in respect of seeds which have been sampled by an 
authorised ofJiccr, the summons shall not be made return­
able, and, in Scotland, the case shall not proceed to trial, less 
than fourteen days from tbe day on which the summons or 
complaint is served, and a copy of any certificate of an official 
testing station which the prosecutor intends to adduce as 
evidence shall be served with the summons or complaint. 
(7) In proceedings for including in a statutory statement false 
particulars concerning matters which are under seeds regula­
tions to be ascertained, for the purpose of the statement, by a 
test of the seeds, if any sample of tbe seeds has been taken by 
·~n authorised ollicer, the third part of that sample required by 
seeds regulations to be retained as mentioned in subsection (2) 
of this section shall be prod uced at the hearing. 
. (8) The court may, if it thinks fit, on tbe request of either 
:party, cause the part so produced to be sent to the chief officer 
'of an ollieial testing station, Who shall transmit to the Court 
a certificate of the result of a test of that part of the sample. 
• (9) If, in a case where an appeal is brought, no action has been 
taken under the last foregoing subsection the provisions of that 
subsection shall apply also to the court by which the appeal is ~heard. 
(10) A sample taken before the coming into force of this 
'Part of this Act in accordance with section 4 of the Seeds Act 
)920 shall be regarded as taken in the prescribed manner for 
the purposes of subsection (1) of this section. PARTU 
27.-(1) If any persOll- Tampering 
(a) tampers with any seeds so as to prOCure that a sample with samples. 
taken in tbe manner prescribed by seeds regulations 
for any purpose does not correctly represent the bulk of the seeds, or 
(b) tampers with any sample so taken, or ""t:j::a 
cfJ'-­
('D Z ........ --0'\ ........ o 
tA;j 
~ w PART IJ 
Institution 
of criminal 
proceedings. (c) with intent to deceive sends, or causes or allows to 
be sent to any official testing station 0 . censed testing 
establishment, to be tested for any purpose, a sample 
of seeds which to his knowledge does not correctly 
represent the bulk of the seeds, .. 
he shall be liable on summary conviction to a fine not exceeding 
one hundred pounds or to imprisonment for a term not exceed­
ing three months. or to both. 
(2) In this section " licensed testing establishment" means an 
establishment licensed under seeds regulations for the testing of 
seeds. 
28.-(1) Notwithstanding anything in section 104 of the 
Magistrates' Courts Act 1952 or section 23 of the Summary 
Jurisdiction (Scotland) Act 1954 (time limit for proceedings), 
where a part of a sample has been tested at an official testing 
station proceedings for including in a statutory statement false 
particulars concerning the matters which are under seeds regu­
lations to be ascertained, for the purposes of the statement, 
by a test of the seeds, being proceedings relating to the seeds 
from which the sample was taken, may be brought at any time 
not more than six months from the time when the sample was 
taken. 
(2) If at any time before a test is begun at an official testing 
station to ascertain· whether a part of a sample of seeds is of 
a specified variety or type, and not more than six months after 
the sample was taken, the· person to whom any other part of . 
the sample was given, or any other person, is notified in writing 
by an authorised officer that it is intended so to test the seeds 
and that, after the test, proceedings may be brought against 
that person for including in a statutory statement a false state­
ment that seeds were of a specified variety or type, then not-
withstanding anything in the said section 104 or 23,: any such 
proceedings relating to the seeds from which the sample was 
taken may be brought against the person so notified at any' 
time not more than two years from the time when the sample 
was taken. 
A certificate purporting to be issued by an authorised office.r 
and stating that a person was so notified shall be sufficient 
evidence of that fact. 
(3) Proceedings for an offence under this Part of this Act 
relating to a statutory statement which has been delivered 
to a purchaser of seeds, or relating to seeds which have been 
sold and delivered to the purchaser, may be brought before a 
court having jurisdiction at the place of delivery of the 
statement or seeds. 29. This Pan of thi~ 'ct appli~s to seed potatoes as it applies PART 11 
to seeds, and accordihc>~Y, except where the context otherwise Application 
requires, references in this Part of lhis Act to seeds include of ~art II 10 
references to seed potatoes. sce potatoes. 
30.-(1) In this Part of this Act, unless the context other-Interpretation 
wise requires,_ of Par;,\d;!. 
"authorised officer" means an officer of the Minister or 
a person authorised by the Minister to execute this Part of this Act; 
"official testing station" means an official seed testing 
station maintained by the Minister or Ministers under this Part of this Act; 
" seeds" includes agricultural and horticultural seeds, 
vegetable seeds, flower seeds, seeds of grasses, whether 
used for agricultural purposes or other. purposes, and seeds of trees: 
statutory statement" means a statement given in pur­
suance of seeds regulations, whether the statement be 
in tbe form of a notice or other document. or in the 
form of particulars given on any label Or container 
or package, or in any other form, and includes a 
statement delivered under section 25(6) of this Act. 
(2) In this Part of this Act references to a contravention of 
any provision contained in this Act or in seeds regulations 
include references to a failure ,to comply with such a provision, 
and references to a contravention of any provision contained in 
·seeds regulations include references to anything which, by the 
regulations, is expressed to be an offence against a provision 
contained in the regulations and also include references to any 
failure to comply with a condition subject to which an 
,exemption is granted by or under seeds regulations. 
(3) In this Part of this Act any reference to an offence under 
this Part of this Act includes. unless the context otherwise 
requires, a reference to a contravention of any provision con­tained in seeds regulations. 
31.-(1) The enactments mentioned in Schedule 6 lo lhis Act Repeals and 
'(which include cerlain enactmenls which were obsolete before consequential 
:the passing of this Act) shall, except for the purposes of pro-amendment. 
,coedings for ofTences lhereunder commilted before the coming 
into force of this Part of this Act, be repealed to the extent 
~Becified in the third column of that Schedule. 
~·c (2) In section 2(1)(a) of the Merchandise Marks Act 1953 
~(exceptiol1 for statutory descriptions of agricultural produce) 
for the words from "the Seeds Act 1920" to the ~nd of the 
paragraph there shall be substituted the words "seeds regula-ons; or ". ~­Po) ~ (JQ­
(1) Z ------l -
~ 
~ 
~ w Control of 
imports of 
potentially 
deleterious 
seeds. PART In 
CONTROL OF IMPORTS AND PREVENTHJN OF 
CROSS-POLLINATION 
32.-(1) If it appears to the Ministers ,that it is necessary or 
expedient that they should be able to exercise the powers COIl­
ferred by this section for the purpose of preventing the importa­
tion into the United Kingdom-
(a) of seeds which, if used as reproductive material in the 
United Kingdom, will or may cause deterioration of 
domestic types or varieties of plants by cross-pollina­
tion, physical admixture or other means, or 
(b) of seeds which are unsuitable for use in the United 
Kingdom because they arc of a type or variety which 
has been developed in countries with different climates, 
different hours of daylight or other different conditions, 
they may by order apply this section to seeds of any type or 
variety specified in the order. 
(2) An order under this section may provide for excepting 
from a type or variety so specified any description of seeds 
defined in any manner and, in particular, any description of 
seeds defined by reference to the country or territory where 
they were grown or from which they have been consigned to: 
the United Kingdom. 
(3) Without prejudice to the powers of exemption conferred 
by the last foregoing subsection, where it is shown to the satis­
faction of the Commissioners of Customs and Excise that any~ 
seeds are being imported into the United Kingdom solely with; 
a view to their re-exportation after transit through any part of;~ 
the United Kingdom, or by way of trans-shipment, the Comm~:~' 
sioners may, subject to such conditions as they think fit. to} 
impose for securing the re-exportation of the seeds, allow those) 
seeds to be imported as if this section did not apply to them. ~t 
(4) Subject to any exceptions prescribed under subsection (2)·~ 
of this section and to the last foregoing subsection, all seeds ~ql· 
which this section applies are prohibited to be imported into~ 
the United Kingdom except under the authority, and in accor4~ 
ance with the terms, of a licence granted by the Minister. oJ 
Agriculture, Fisheries and Food. 
(5) A licence under this section may be, to any degree, general'! 
or specific and may be modified or revoked by the Ministerot 
Agriculture, Fisheries and Food at any time.:<1.j 
(6) An officer of Customs and Excise may require any persq~1 
possessing or having control of any seeds to which this secti~~ 
applies which are ?eing or have bee~ imported to furnish pr.?~I· 
that the importatIOn of the seeds IS or was not unlawful b~ 
virtue of this section; and if such proof is not furnished to tq~ 
satisfaction of the Commissioners of Customs and Excise, tben:.l unless the contrary i' roved, the goods shall be deemed to be 
prohibited goods anlJ. shaII be liable to fQrfeiture under the Customs and Excise Act 1952. 
(7) An order under this section-
(a) may include provision as to the methods by which 
importers may be required to prove whether consign­
ments of seeds fall within any exception specified in such an order, 
(b) may prescribe the form and manner in which applica­
tions are to be made for licences and the form of licences, 
(c) may contain Such other transitional, Supplemental and 
incidental provisions as appear to the Ministers to be cxpedient, and 
(cl) may be varied or revoked by a subsequent order under this section; 
and any order under this section shall be made by statutory 
instrument after consultation with representatives of such 
interests as appear to the Ministers to be concerned. and any 
such statutory instrument shall be subject to annulment in 
pursuance of a resolution of either House of Parliament. 
(8) In this section "the Ministers" means the Minister ot 
Agriculture, Fisheries and Food, the Secretary of State for 
Scotland and the Secretary of State concerned with agriculture 
.in Northern Ireland, acting jointly. 
(9) This section shall extend to Northern Ireland and be 
construed as one with the Customs and Excise Act 1952. PART 111 
33.-(1) This section shall have elIect for the purpose of Measur", 
lI"aintaining the purity of seed of any types and varieties of tDprevent 
lplants of any specJeS of the genus Alltum. Beta or Brasslca. lnJunQUS crQss. 
~ pollinatIOn (2) The Minister lllay by order bring this section into force affecting crQPs )!i an area in any part of Great Britain in which persons are Qf seeds. 
epgaged in growing crops of seeds of any type or variety of 
plant mentioned in subsection (I) of this section if he is satisfied 
that in that area satisfactory arrangements (whether legally 
iiiforceable or not) have been made for locating such crops 
~o 'as to Isolate them from crops or plants whIch mIght cause ~jurious cross-pollination. 
(3) All ordcr undcr this scctioI1_ 
(a) shall be made after consultation with the persons respon­
sible for the arrangements mentioned in subsection (2) 
of this section, and with persons representative of 
such other interests as appear to the Minister to be concerned, and ~,..... 
~ ~ 
~Z ....... ........ 
oo~ 
~ w 'ART 111 (b) shall be made by statutory instrument and lr 'r be varied 
or revoked by a subsequent order so made. 
(4) An order under this section-
(a) shall state which of the types and"varieties of plants 
mentioned in subsection (1) of this section are protected 
by the order, and 
(b) shall specify the kinds of crops and plants which are to 
be controlled in the area to which the order relates, and 
(c) may relate to more than one area and, if so, may make 
different provision under paragraphs (a) and (b) of this 
subsection in respect of the different areas to which it 
relates; 
and in this section, in relation to an area to which an order under 
this section rclatcs- ' 
(i) "protected crop" means a crop of a type or variety of 
plant which is protected by the order in that area, 
being a crop grown for the purpose of producing 
seeds, and ' 
(iD "controlled crops or plants" means crops, grown for 
any purpose, of the types or varieties of plants which 
are protected by the order in that area, and such addi­
tional kinds of crops or plants, whether grown or self~ 
sown and whether of those or any other types or 
varieties, as may be specified in the order for the' 
purposes of this definition in that area. 
(5) If in an area where this section is in force controlled crop~. 
or plants are growing and, on an application made in accordance' 
with Schedule 7 to this Act, the Minister is satisfied-
(a) that they are causing or may cause injurious cros~ 
pollination in a protected crop which is being grown in.. 
the area, and 
(b) in the case of controlled crops or plants which a~. 
not self-sown, that the person growing them did nQ~ 
give to the persons responsible for the arrangemenl 
men~io~ed i~ subsection (2) of this section such noti 
of hIs mtentlOn to grow those crops or plants to:~tP 
flowering stage as would have enabled them to take'an I 
appropriate steps for altering the arrangements, 
the Minister may serve a notice on the occupier of the land wh~~ 
the controlled crops or plants are growing requiring him~~ 
take such steps as may be specified in the notice for the purpo..~ 
of preventing any of the controlled crops or plants froeE 
causing or continuing to cause injurious cross-pollination in'tna 
protected crop. (6) If the person serve" . i th a notice under this sect ion does I' Aln "I 
not comply with any re,! Uh ~illent in the notice, the Minister may 
enter and do what that person has failed to do or, if in the 
opinion of the Minister that would no longer serve the purpose 
for which thc notice was served, may take such othcr action as 
appears to the Minister appropriate for that purpose; and 
where, When thc default occurs, further Obligations remain under 
the notice, the Minister may also take such action as appears to 
him appropriate to meet tIle purposes for which those furtber obligations were imposed. 
Tbc Minister lUay rccover from the person on Whom the notice 
was served a sUm equal to the reasonable cost incurred by the 
Minister in taking any action under this subsection. 
(7) Without prejudice to the power of proceeding under the 
last foregOing subsection, a person Who unreasonably fails to 
'comply with any requirement in a notice under tbis section shall be liable on summary conviction_ 
. (a) in the case of a first offence under tbis subsection, to a 
fine not exceeding twenty Pounds, and 
(h) in the case of a second or subsequent offence under this 
SUbsection, to a fine not exceeding fifty pounds. 
(8) A person duly authorised by the Minister may, on Produc­
.tion if so required of his authority, at all reasonable hours enter 
'on any land (but not into any dwellinghouse) in an area Where 
'this section is in force for the purpose of ascertaining whether 
controlled crops or plants are growing on the land or of inspecting 
and taking samples of any controlled crops or plants growing on the land. 
. (9) A notice under this section or Schedule 7 to this Act may 
Pe served by leaving it at, Or sending it by post addressed to, 
the last known address of the person on Whom it is to be 
ierved, and if it is not practicable after reasonable inquiry to 
ascertain his name and address, the notice may be served by 
.~!ldressing it to him as " the occupier" of tlle land and affixing 
if,or a copy of it to some conspicuous object on the land, 
;:(10) A person who obstructs or impedes a person acting in the 
&;lercise of the powers conferred by subsection (6) or subsection 
~rof this section shall be liable On summary conviction to a 
ffii~ not exceeding twenty pounds. 
(11) In this section, and in the said Schedule_ 
"tbe occupier" means, in the case of unoccupied land, the person entitled to occupy the land; 
"protected crop" and "Controlled crops or plants'" bave 
tbe meanings respectively assigned by Subsection (41 of this section. ~~ 
~ ~ 
~Z ..-;::; 
\00 
~ 
~ ,tj ,c gazette. 
Jcncral 
lrovisions as 
o offences. 
Supplemental 
provisions as 
to regulations. 
Departrnen tal 
expenses and 
payments into 
Exchequcr. PART IV 
GENERAL 
34.-(1) The Ministers shall from time to time publish a 
gazette (in this Act referred to as "the gazette "), and shall use 
the gazette as one of the means of publishing notice of matters 
to be published under this Act. 
(2) It shall be no defence in civil or criminal proceedings to 
show that at any time a person did not know of an entry in 
the register under section 5 of this Act, or in the Index under 
Part ll, or did not know that a section of the Index had come 
into force. if before that time notice of that entry or fact had 
been published in the gazette. 
35.-(1) Where an offence punishable under this Act com­
mitted by a body corporate is proved to have been committed 
with the consent or connivance of. or to be attributable to any 
neglect on the part of, any director, manager, secretary or other 
similar officer of the body corporate, or any person who was 
purporting to act in any such capacity, he, as well as the body 
corporate, shall be guilty of that offence and shall be liable to 
be proceeded against and punished accordingly. 
(2) Proceedings for any offence punishable under this Act 
may (without prejudice to any jurisdiction exercisable apart 
from this subsection) be taken against a person before the 
appropriate court in Great Britain having jurisdiction in the 
place where that person is for the time being. 
36. Regulations under this Act-
(a) may make different provision for different types Of, 
classes of plant varieties, for different seasons of the, 
year and for other different circumstances, and 
(b) may contain such supplemental, incidental and transi:' 
tional provisions as may appear to the Minister or 
Ministers making the regulations to be expedient. 
37.-(1) There shall be paid out of moneys provided by Parlia~ 
ment-
(a) the remuneration and allowances of the Controller and 
other officers and servants appointed under section 11. 
of this Act, 
(b) the remuneration and allowances of members of the., 
Tribunal and of the officers and servants of the~ 
Tribunal appointed by the Ministers, and such other: 
expenses of the Tribunal as the. Treasury may, 
determine, 
(c) to such extent as the Treasury may approve, any 
expenses incurred by the Controller in the discharge 
of his functions under this Act (including any sums, 
paid by way of fees or grants under section 11 (4) of th.is Acl), and apv other expenses incurred in tbe opera- PART IV lion of the Plan 'ariely Rights Oflice, 
(d) (so far as not falling under the foregoing paragraphs) 
any expenses incurred by a Minister in the execution of this Act, and 
(c) any increase attributable to this Act in the sums pay. 
able out of money so provided under the Superannua_ tion Aots 1834 to 1960. 
(2) Any fees received by virtue of this Act by a Minister Or the 
Controller or the Tribunal shall be paid into the Exchequer. 
38.-(1) In this Act- Interpretation. 
"the Controller" means the ContrOller of Plant Variety Rights; 
" the Minister" means, as respects England and Wales. the 
Minister of Agriculture, Fisheries and Food and, as 
respects Scotland, the Secretary of State; and .. the 
Ministers" means, except as otherwise expressly pro. 
vided. the said two Ministers acting jointly; 
"plant variety" means any clone, line, hybrid or genetic variant; 
., tbe Tribunal" means tbe Tribunal established under Part 1 of this Act; 
variety", unless the context otherwise requires, means a plant variety. 
(2) References in this Act to seeds are references to seeds for sowing. 
(3) Any reference in this Act to any other enactment shall, 
except so far as the context otherwise requires, be construed 
as a reference to that enactment as amended or applied by or 
under any otber enactment, including this Act. 
39.-(1) This Act, so far as not expressly extcnded to Extension 
!'<orthern Ireland by any provision contained in this Act or J:[ A
1' to 
,by any Order in Council under the next following subsection, Ir ~rt ~m 
Shall not extend to Northern Ireland; but no limitation on the e an • 
pOwers of the Parliament of Northern Ireland imposed by the 
,Government of Ireland Act 1920 shall apply in relation to 
,l,gislation for purposes similar to the purposes of Part II or this 
f,art of this Act so as to preclUde that Parliament from enacting 
ajprovision similar to some provision in those Parts of this Act. r;.~ 
(2) Her Majesty may. by an Order in Council made under 
,this SUbsection in pursuance of resolutions passed by the two 
Houses of the Parliament of Northern Ireland, direct that-
(a) tbe provisions of Part I of this Act, and 
(b) any of the provisions of Part rr or this Part Qf this Act specified in the Order, 
ShaH (whether as originally enacted or as they have effect by 
Virtue of any Order in Council under the next following section) ~==s ~ ......... 
~Z , ......... N_ 
o~ 
~ PAR~' IV extend to Northern Ireland ~ and any such Order in Council may 
be varied or revoked by a subsequent Order Council made 
under this subsection in pursuance of such resolutions as 
aforesaid. (3) While any of the provisions of this Act extend to Northern 
Ireland by virtue of an Order in Council under subsection (2) 
of this section, they shall (without prejudice to the validity of 
anything previously done under this Act)-
(a) have effect as if-(i) any reference to Great Britain were a reference 
to the United Kingdom; and (iD any reference to " the Ministers" included the 
Secretary of State concerned with agriculture in 
Northern Ireland ; and 
(b) in their application to Northern Ireland. have effect as 
if-(i) references to sections 9 and 32 of the Arbitra-
tion Act 1950 were respectively references to sections 
12 and 30 of the Arbitration Act (Northern Ireland) 
1937 ; (iD references to section 104 of the Magistrates' 
Courts Act 1952 were references to any correspond­
ing provision of the law of Northern Ireland ; 
(iiD in section lO(6), for the reference to England 
and Wales there were substituted a reference to 
Northern Ireland ~ 
(iv) after paragraph 3 of Schedule 4 there were 
inserted the following paragraph-
"3A. In relation to proceedings before the Tri-
bunal ill Northern Ire1and-
(a) paragraphs .1 and 2 of this Schedule shall 
have effect as if for the references to 'the 
Lord Chancellor there were substituted 
references to the Lord Chief Justice of 
Northern Ireland, 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 proceed~ 
ings " ~ 
and (v) in paragraph 9(1) of Schedule 4, for the 
words from" in the county court" to the end of that 
sub-paragraph there were substituted the words " by 
the taxing master of the Supreme Court of Judica-. 
ture of Northern Ireland according to such of the scales p °ided [or equity suits or proceedings in 
the COUl1lj courts under the County Courts Act 
(Northern Ireland) 1959 as may be directed by the 
order or, if the order gives no direction, by the taxing 
master ". 
(4) While any provisions of this Act extend to Northern 
Ireland by virtue of an Order in Council under subsection (2) of 
this section, they shall have effect subject to such exceptions, 
adaptations and modifications as may be specified in the Order; 
and in the application of those provisions to Northern Ireland 
any reference to any enactment of the Parliament of Northern 
Ireland shall be construed as a reference to that enactment as 
amended by any Act of that Parliament, whether passed before 
or after this Act, and to any enactment of that Parliament passed 
after this Act and re-enacting the said enactment with or without 
modification. 
(5) If the Parliament of Northern Ireland pass legislation 
amending or repealing the Seeds Act 1920, Her Majesty may by 
Order in Council made under this subsection direct that that 
legislation (and any related enactments forming part of the law 
of Northern Ireland), and any provisions in Part II or this Part 
of this Act, shall have effect subject to such exceptions, adapta· 
tions and modifications as may appear to Her Majesty to be 
expedient for the purpose of securing that the two systems of 
legislation operate, to such extent as may be specified, as a 
single system; and any such Order in Council may be varied or 
revoked by a subsequent Order in Council under this subsection. 
(6) An Order in Council under subsection (2) or subsection (5) 
of this section may contain such transitional and other conse· 
quential provisions as appear to Her Majesty to be expedient. PART IV 
40. Her Majesty may by Order in Council direct that any Extension of 
: Of the provisions of this Act specified in the Order shall (whether Act to Isle of 
: as originally enacted or as they have effect by virtue of any ~hall an~ 
: Order in Council under the last foregoing section) extend, subject Isl:r:~ 
to such exceptions, adaptations and modifications as may be 
specified in the Order, to the Isle of Man or any of the Channel 
Islands; and any such Order in Council may contain such 
transitional and other consequential provisions as appear to 
Her Majesty to be expedient, and may be varied or revoked by 
a subsequent Order in Council. 
41.-0) This Act may be cited as the Plant Varieties and Short title 
Seeds Act 1964. and corn-
. I f h' h' mencement. (2) Parts II and II 0 t IS Act s all come mto force on such 
. day as the Minister of Agriculture, Fisheries and Food and the 
Secretary of State may by order contained in a statutory instru­
ment appoint, and orders under this subsection may appoint 
different dates for different provisions or different purposes. ~=a 
~ -~Z N;::: 
...... -g 
§ SCHEDULES 
Section 1. SCHEDULE 1 
PROTECTION OF ApPLICANT FOR RIGHTS WHILE ApPLICATION IS 
PENDING . 
1.-(1) An applicant for the grant of plant breeders' rights shall 
in his application state whether he is also applying for a direction 
by the Controller under this Schedule (in this Schedule referred to as 
•. a protective direction ") as respects the plant variety to which the 
application relates. 
(2) An applicant applying for a protective direction shall include 
in the application an undertaking to the effect that, subject to the, 
exceptions in the next following sub-paragraph. in the period 
between the making of the application and the time when the question 
whether the application is to be allowed or refused is finally deter~' 
mined (or. if the undertaking is discharged under this Schedule at an 
earlier time. until that earlier time) no plants of the plant variety, and 
no material forming part of, or derived from, plants of that variety, 
will be offered or exposed for sale or sold in the United Kingdom by 
the applicant or with his consent. 
(3) An undertaking under tItis paragraph shall not prevent the; 
applicant from making any oITer for sale or sale which in the period, 
before the application would be permitted by sub-paragraphs (3); 
(4) or (5) of paragraph 2 of Part II of Schedule 2 to this Act, 0# 
the exposure for sale of material where an offer for sale of thar 
material would be so permitted. 
(4) If the Controller is satisfied that the applicant has duly given 
the undertaking, and that he has furnished to the Controller all §UC~~ 
infonnation, facilities and material as the Controller may require for 
the purposes of the application for the grant of plant breeders' rights; 
the Controller may, if he thinks fit, give a protective direction. 
(5) The Controller shall not give a protective direction jf there::!s 
any evidence before him which tends to show that the applicant,' oi 
the porson whose successor in title the applicant claims to bc,' lS. 
not tbe person who bred or discovered the plant variety to which tne 
application relates. 
(6) An appeal shall lie to the Tribunal against a decision to glVO 
or refuse a protective direction. 
2.-(1) While a protective direction is in force, anything whicn. 
if the plant breeders' rights ·to which the application in ques4on: 
relates had been granted, would have constituted an infringementt<5f 
those rights. or would under section 5(6) of this Act have been 
actionable in proceedings by the holder of those rights, mav~·hft 
the subject of proceedings under this paragraph. 
(2) Proceedings may be brought under this paragraph by~\!~ 
applicant in whose favour the protective direction is made aga~ 
any person for an injunction or interdict requiring that person, wliifd! 
the protective direction is in force. not to do any of the things whiClr may be the subject of procC('rl:'1gs under this paragraph, and the 
court may if it thinks fit grant ,injunction or interdict accordingly 
on such terms as appear to the court to be just. 
(3) An undertaking not to institute or prosecute proceedings 
under this paragraph, whether or not any consideration is given for 
the undertaking, shall be void, and if the Controller is satisfied tbat 
an applicant in whose favour a protective direction is made has 
'given such an undertaking, whether or not the undertaking be 
enforceable at law, he shall withdraw the protective direction. 
(4) A protective direction shall cease to be in force when the 
question whether the application for the grant of plant breeders 
rights is to be allowed or refused is finally determined, or at such 
earlier time as is provided under the following provisions of this ,Schedule. 
, 3.-(1) The Controller may at any time. if in all the circumstances 
~tappears to him to be just, withdraw a protective direction, and shall 
withdraw a protective direction if he is satisfied that there has been 
'a breach of the undertaking given under paragraph 1 of this Schedule ,?y the applican t. 
I (2) An appeal shall lie to the Tribunal against a decision to withdraw a protective direction. 
(3) The undertaki.ng given by the applicant under paragmph I of 
this Schedule shall cease to be binding When the protective direction 
~·.withdrawn. 
4.-(1) If at· any time the Controller is satisfied that there has 
been a breach of the undertaking given under paragraph 1 of this 
'Schedule, he may refuse the application for the grant of plant 
,Dreeders' rights or, as the case may be, may terminate the period 
for whioh plant breeders' rights are exercisable. 
(2) If there is a breach of an undertaking under paragraph 1 of 
'this Schedule given by an applicant, the applicant shall be gUilty of 
an'offence and shall be liable on summary conviction-
(a) in the case of a first offence under tltis sub-paragraph, to a 
fine not exceeding fifty pounds, and 
(b) in the case of a second or subsequent offence under tItis 
sub-paragraph, to a fine not exceeding onc hundred pounds. SCH. I 
SCHEDULE 2 
PART I Section 2. 
PRIORITIES BETWEEN ApPLICANTS FOR RIGHTS 
t-(l) If the variety was independently bred or discovered by two 
Itror. ... ·m. ore persons. the first of those persons who makes an application 
'~lilting to the variety in the form prescribed for the purposes of 
.. Schedule by regulations under section 9 of this Act shall be the 
.": on entitled to a grant of plant breeders' rights. 
D '1:1t:a J:oj ....... 
~Z 
N~ N ....... 
55 
~ SeH.2 (2) As between two persons making applications OP -L,e same date, 
the one who was first in a position to make a valid _ plication for 
the grant of plant breeders' rights (or would have been first in that 
position if Part I of this Act and the relevant scheme had always 
been in force) shall be the person entitled to a g~ant of plant breeders' 
rights. . 
2.--{l) For ,the purposes of Ithe foregoing paragraph an appli. 
oation, duly ruadem a OOUllltry ~o Wlhich this paU'agraJph applies 
when the application is made shall be treated as if duly made' 
under this Aot if tlle conditions in this parag,raph are satisfied. 
(2) No account shall be taken under this paragraph of an appli­
cation made in a country outside the United Kingdom at a time 
when the plant variety to which the application relates was not one 
falling within a species or group prescribed by a scheme under 
this Act as a species or group in respect of which plant breeders' 
rights may be granted. 
(3) Not more than 12 months after the application duly made in 
tha t COUJl1try Ithe a pplioan t must make ibis 3Jpplicartion :under this, 
Act in the form prescribed for the purposes of this Schedule by 
regulations under section 9 of this Act, being a form which includes 
a claim in respect of the priority of the applica1tion in the said 
country. 
(4) \Vithin 3 months of the application under this Act a copy, 
of 'Lhe documemts cOlllStitutinog l!Jhe application in the said COW1ltry:' 
cc.rtifi..:xi as correct by ~he 3Jurthority in that coun,try 'to whom the' 
application is made, must be submitted to the Controller. 
(5) If applications have been made in more than one country, 
to whioh this 'prurag,raph applies, and nave Ibeen so made at difIe.ren.t, 
dates, the period of 12 months mentioned in sub-paragraph (3) .0.£ 
1lhis p~ra:gra'Ph shall be It.aJren from 11he earlier or earliest of th~ 
applications, and sub-paragraph (4) of this paragraph shall, ,b'~ 
OOlWtTued accordingly. 
(6) If priority is established for an application by virtue of t1ijs~ 
paragraph a.£te.r 'a gra.rut of 'Plant breede·rs' rights has 'bcem made in' 
pursuance of an application against which priority is established: 
the Controller shall terminate the poriod for which the rights unde~ 
the grant are exercisable. 
An appeal shall lie to the Tribunal against a decision of th.~ 
Controller to act under this sub-paragraph. 
(7) The Ministers may by order contained in a statutory instI1l; 
ment from time to time designate any country or territory outsi,d$. 
the Un~ted Kingdom as a COUIlJtry ·to whioh this paragraph appli~~ 
and from 1ime to time vary or revoke am.y such order. hUlt not s\?: 
as to prejudice applications alreaciy 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 Schedulc if the person making the application does not withiIii~ 
period prescribed by the regul·ations satisfy aB the requlremenU which are to be satisfied' an applicant before a grant of plant breeders' rights can bc ill ...... ...!. 
PART 11 
RULES FOR GRANT OF RIGHTS 
Distinctness 
1.-(1) The variety must be clearly distinguishable by One or more 
important morphological, physiological or other characteristics from 
any other variety whose existence is a malter of common knowledge at the time of the application. 
(2) For the purposes of the foregoing sub-paragraph common 
lrnowJodgemay be established by reference to plant varieties alrcady 
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 schcme 
,by virtue of whioh 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 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 form. 
.ing part of, or derived from, plants of the variety, may have been 
.offered for sale or sold by Or with the consent of the applicant in the United Kingdom or elsewhere: 
Provided that the restriction imposed by this sub'paragraph shall 
'not apply [0 sales Or offers made Qutside the United Kingdom during 
rthe period of four years ending with the date of the application. 
(3) Sub.paragropbs (1) and (2) of this paragraph shall not apply-
(a) to an olTer for sale of a stock of materia.! of any plant 
variety in connection with an otIer for sale of the title to 
apply for the grant of plant breeders' rights in respect of that plant variety, or 
(b) t'o any sale of material of any plant variety if at the time 
of the sale or subsequently tbe purchaser becomes the 
person entitled to make an application for tbe grant of 
'plant breedcrs' 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 tIJe applicant for the purpose of 
lDcreasing the applicant's stOck, or of carrying out tests Or trials, 
~d under wIJich the whole of the material produced, directly Or 
~directIy, from that reprOductive material, and any unused repro. 
puetive material, becomes or remains tIle property of tIle applicant, 
the said sub-paragraphs (1) and (2) shall not apply-
(a) to a sale or offer for sale of the reproductive material by 
the applicant to any such other person as part of such arrangements, or 
D2 SCH. 2 
~~ 
~Z N;::::; Wo 
;t:x:1 
~ W SCH.2 
Section 4. Cb) to a sale by the other person to the applir-... t of the material 
produced. directly or indirectly. from Jat reproductive 
material. 
(5) The said sub-paragraphs (1) and (2) shall not apply to an offer 
for sale or sale of material. not being reprqductive material. which. 
having been 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. 
has been found to be in excess of what was required for those 
purposes. 
3.-(1) Where an application in the form prescribed for the pur-/ 
poses of this Schedule by regulations under section 9 of this Act is 
made at a time not later than 11 th May 1965. and the applicantl 
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' 
hav1ng Il."egard to IBle pa-llticu1.a.r ferutures of i1ts seXlUal reprodluctiqn 
or vegeta-tive 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 o.r. where the application prescribes' 
a particular cycle of reproduction or multiplication. at the end of 
each cycle. 
SCHEDULE 3 
PLANT BREEDERS' RIGHTS IN SPECIAL CASES 
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 receivo' 
adequate remuneration unless they have control over the production 
or propagation of the plant variety in Great Britain for the purpos~ 
of sales of cut blooms. fruit or some other part or product of plan~ of the variety. and t1 the control will be of substantial benefit to 
the plant breeders. lh~J 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. that 
is to produce or propagate the variety for the purpose of selling 
such parts or products of the variety as may be prescribed by the scheme. 
(2) A scheme conferring any such rights may also provide that 
plant breeders' rights shall inclUde the exclusive right to do. and 
to authorise others to do. as follows. that is la sell the parts or 
products of the variety in relation to which the rights are extended 
in so far as they are obtained by the seller from plants of the' 
variety which the seller has himself produced or propagated. 
(3) References in this paragraph to parts or products of a plant 
variety include references to Whole plants of that plant variety. 
Use 01 reproductive material for production of certain other plant 
varieties 
2. Plant breeders' rights shall include the exclusive rjght to do. 
and to authorise olhers to do. as follows. that is to use the repro­
.Guctivc 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 varicty if (but onJy if) tl,C nature of that other variety 
is such that repeated prOduction of the reproductive material of tbat 
'other variety is not possible without the repeated use of reproductive 
material of the plant variety to which the rights relate. SCH. J 
SCHEDULE 4 
THE PLANT VARIETY RIGHTS TRIBUNAL 
The Chairman Section 10. 
: 1.-(1) The Lord Chancellor shall appoint a chairman for the 
Tribunal. Who shall be a barrister or solicitor of not less than seven years' standing. 
(2) The appointment of the chairman shall be for such term as 
'may be determined by the Lord Chancellor before his appoint­
ment. and a person who ceases to hold office as chairman of the Tribunal shall be eligible for re-appointment. 
(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 otq.er person who 
is '. barrister or solicitor of not less than seven years' standing 
to act as deputy for the chairman. and the person so appointed 
.. shall. when so acting. have all the functions of the chairman. 
D3 ~=t; 
~-...... 
Cb ~ 
N ..... 
..j::o.. -...... 
~ 
~ w SCH. 4 3. In relation to proceedings before the Tribunal ''1 Scotland-
(a) paragraphs 1 and 2 of this Schedule sh<. .. have elIect 
as if for the references to the Lord Chancellor and 
to a barrister there were substituted respectively refer­
ences to the Lord President of the Court of Session and 
to an advocate: and 
Cb) 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.-(1) Part III of Schedule 1 to the House of Commons Disquali­
fication Act 1957 (which specifies offices the holders of which are" 
disqualified under that Act) shall have effect as if the words" Any 
Chairman of the Plant Variety Rights Tribunal" were inserted-
Ca) in the said Part III as it applies to the House of Commons 
of the Parliament of the United Kingdom, after the entry 
"Chairman or Deputy Chairman of the National Parks 
Commission " : and 
Cb) in the said Part III as it applies to the Senate and the House 
of Commons of Northern Ireland, before the entry" Oerk 
of Assize". 
(2) This paragraph shall extend to Northern Ireland. 
The two panels 
5:-(1) The Ministers shall draw up and from time to time 
reVlse-
Ca) 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 speciali.sed knowledge of 
.particU!lar speoies or groups of plants. 
and the members of the Tribunal (other than the chairman and 
deputy chairman) shall be selected from those panels in accordanco 
with this Schedule. 
(2) The power to revise the said panels shall include powerJo 
terminate a person's membership of either of them, and shal!J 
accordingly to that extent be subject to section 5 of the Tribunals; 
and Inquiries Act 1958 (which makes it necessary to obtain" th~ 
concurrence of the Lord Chancellor and of certain judic1al office.fi 
in Scotland and Northern Ireland to dismissals in oertain cases)" 
Remuneration 0/ members of Tribunal 
6. The Ministers Il1ay pay to members of the Tribunal su~g 
remuneration and such allowances as the Ministers may with:t4..~ 
approval of the Treasury determine. 
Officers and servants 
7.-(1) The Ministers may appoint such officers and servantsj 
of the Tribunal as the Ministers may with the approval of the; 
Treasury determine. (2) There shall bc pa i,' '0 the omccrs an d sorYall ts a ppoin ted 
under this paragraph su remuneration and allowances as the Trcasury may determinc. 
Procedure 
8.--{1) The jurisdiction of the Tribunal shall be exercised by 
three members CMsisting of the chairman and a momber selected 
from each of the two panels; and references in this Aot to the Tribunal shall be construed accordingly. 
(2) The member from the panel of those with specialised knOWledge 
shall bc selected for his knOwledge of the subject mattcr of a particular case Or class or group of cases. 
(3) TlJe members of the panels Who arc to deal with any case shall be selected as [ollows-
(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 memo 
bers from amongst whom members to deal with any par­
tiCular case shall be selected, and the selection from amongst 
those members of a member or members to deaJ with the 
particular case shall then be made either by the Ministers, or, if they so direot, 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 
)\Iith the case, by the votes of the majority. 
.. (5) If, after the commencement of the hearing of any proceedings 
beforefihe Trib lUlal , one of ,tIle three members of .he Tribunal 
becomes incapable of contiIl'lilllg to l,ear 'the proceedings on 
aCC(}lJnt of sickn·ess or for any other reason, a,e proceedings may, 
with 'the consen·t of all paNics to the proceedings, be CMtiThu"d 
,beiore t,he remaining two members of the Tribunal and heard and 
determined accordingly, but if tI,e ,two members differ in opinion 
.£he case shall, on the applicatiM of any party Le ~he proceedings, 
,be re-argued and determined by t1le Tribunal as ordinarily con'stituted. 
·(6) A decision of the Tribuna.! shall not be questioned on tbe 
ground that a member was not validly appointed or selected. 
(7) The Tribunal may sit to hear any proceedings in any place m"Great Britain. 
9.-(1) The Tribunal in cxercising their statutory jurisdiction may 
Qeder any party to the proceedings to pay to any other party to the 
P!oceedings either a specified sum in respect of the costs incurred 
2Y: the second-mentioned party in the proceedings, or the taxed 
!!nount of ·those costs; and any costs required by an order under 
ul~ sub-paragraph to be taxed may be taxed in the county court 
apcording to such of the scales prescribed by county COurt rules 
for proceedings in the county Court as may be directed by the order 
cr. if the order gives no direction. by the county court. 
(2) The Lord ChanceIlor may by statutory instrument, which 
-/hall be subject to annulment in pursuance of a resolution of either 
House of Parliament, make rules as to the procedure in connection 
D4 Sell. 4 
"'t1~ 
1),); ~ 
~,;Z 
" ........ N_ 
~~ 
~ ........ 
~ SCH.4 
SectioD 20. with proceedings brought before the Tribunal in exercise of their 
statutory jurisdiction and, subject to the approval or e Treasury, . 
as to the fees chargeable in respect of those proceeuulgs, 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, .1 
(cl) 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 thc procedure for securing the attendance of witnesseS 
and the production of documents in any proceedings. .. 
(3) In this paragraph "statutory jurisdiction" means any juris~: 
diction 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 sha11l 
have effect as if for sub~paragraph (1) there were substituted the" 
following-
"(1) The Tribunal in exercising their statutory jurisdiction 
may order that thc expenses of any proceedings before it incurred 
by any party shall be paid by any other party, and may tax ,o~ 
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 
PROCEDURE FOR CoMPILING AND AMENDING INDEX 
1.-(1) As a first step in compiling a section of the Index. :.f:4eJ 
Ministers shall, after consultation with representatives of suc~ 
interests as app~ar to ~hcm to be. c~ncerned, prepare a provisi.on~l ~ 
of plant vanetles which are wlthm the class of plant vanetles?,~ 
which the section of the Index will relate.' and the seeds of whiCQ 
are in commercial use as reproductive material in Great Britain~ 
(2) The Ministers shall publish the list in the gazette to be ~~e' 
under this Act and in such other manner as appears if.o them app~ 
priate. for ensuring !that ~e persons particul~ly c.oncernec! have;~$ 
attentlon drawn to the J.is.t, and shall publish WIth the list a:noticC 
giving the necessary information as to the manner in which and'time 
within which applications seeking additions, correotions or erasuttf 
in 1he list may be made to the Ministers. 
(3) The Ministers may bring a section of the Index into fo1WJ 
notwithstanding that the section is incomplete because the M~ 
have not come to a determination as respects any particular phu~t 
varieties. i.. The iv111ll~tcrs may at any time after a section of the 
Index comes into fOf( entertain applications from persons 
seeking additions, correct.".s 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 uI)less 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 sub~ 
mitted 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 carrymg o~t 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 reguJations_ 
(a) governing the form and manner in Which applications may be made under this Schedule, 
(b) preScribing the period within which a person making appli­
cations under this SChedule is to supply material or infor~ 
mation 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 
<llIly matter connected with the aJteration 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 
';harged by the Ministers to persons making searches in the Index. 
D· SCH. 5 
lz~ 
~ ........ N_ 
""0 
t:t1 
~ w ion 31. 
:iection 33. Chapter 
32 & 33 Vict. 
c. 112 
41 & 42 Vict. SGIEDULE 6 
REPEALS OF SEEDS ENACfMENTS 
Short Title . ,.Extent of Repeal 
The Adulteration of Seeds Act I The whole Act. 
1869 
The Adulteration of Seeds Act The whole Act. 
c. 17 1878 
10 & 11 Geo. 5 I The Seeds Act 1920. The whole Act. 
c.54 
15 & 16 Geo. 5 I The Seeds (Amendment) Act 1925. I The whole Act. 
c.66 
2&3Eliz.2 The Agriculture (Miscellaneous I Section 12. 
c. 39 Provisions) Act 1954. 
1963 c. 11 The Agriculture (Miscellaneous I Section 24. 
Provisions) Act 1963. 
SCHEDULE 7 
CROSS-POLLINATION INJURING PROTECTED CRops 
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 representions 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- ' 
Ca) to the need to maintain, in the interests of the publiC~ 
the purity of the seed in question. \1;' 
Cb) 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 th~.; 
purity of the seed in question. and .::,:l 
Cc) to the value. if any, of the controlled crops or plants and 
the inconvenience or disturbance involved in complying 
with a notice. Table of S/~tll/es referred 10 ill this Act 
Short Title 
Arbitration (Scotland) Act 1894 
Seeds Act 1920 
Government of Ireland Act 1920 
Crown Proceedings Act 1947 
Arbitration Act 1950 
Customs and Excise Act 1952 
Magistrates' Courts Act 1952 
Merchandise Marks Act 1953 
Summary Jurisdiction (Scotland) Act 1954 
Restrictive Trade Practices Act 1956 
Houso of Commons Disqualification Act 1957 '" 
Tribunals and Inquiries Act 1958 ... Session and Chapter 
57 & 58 Vict. c. 13. 
10 & 11 Geo. 5. c. 54. 
10 & 11 Geo. 5. c. 67. 
10 & 11 Geo. 6. c. 44. 
14 Geo. 6. c. 27. 
15 & 16 Geo. 6. & 
1 Eliz. 2. c. 44. 
15 & 16 Geo. 6. & 
1 EIiz. 2. c. 55. 
1 & 2 Eliz. 2. c. 48. 
2 & 3 Eliz. 2. c. 48. 
4 & 5 Eliz. 2. c. 68. 
5 & 6 EIiz. 2. c. 20. 
6 & 7 Eliz. 2. c. 66. 
D * 2 ~t:a &-­
Cb >~ N: ......... 
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Page 28 
Plant Varieties Act 1983 
CHAPTER 17 
ARRANGEMENT OF SECTIONS 
Section 
1. Period for which plant breeders' rights are exercisable. 
2. Plant breeders' rights in special cases. 
3. Compulsory licences. 
4. Other amendments of the 1964 Act. 
5. Application of Act outside Great Britain. 
6. Short title, repeals and commencement. 
SCHEDULES! 
Schedule l-Amendlnents of the 1964 Act. 
Schedule 2-Repeals. ELIZABETH IT c. 17 
Plant Varieties Act 1983 
1983 CHAPTER 17 
An Act to amend the Plant Varieties and Seeds Act 1964. 
[9th May 1983] 
BElT ENACTED by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows:-
1.-0) In section 3 (period for which rights are exercisable) Period for 
of the Plant Varieties and Seeds Act 1964 (in this Act referred which plant 
to as " the 1964 Act ") there shall be substituted- ~reeders' nghts are 
(a) in subsection (1) for the words "25 years" the words exercisable. 
" 30 years" ; 1964 c. 14. 
(b) in subsection (2) for the words " 18 years" the words 
" 25 years" ; and 
(c) in subsection (3) for the words " 15 years" the words 
" 20 years ". 
(2) In subsection (2) of that section for the words" fruit trees 
and their root-stocks, forest and ornamental trees and grape­
vines" there shall be substituted the words "fruit, forest and 
ornamental trees and their root..stocks and grapevines and their 
root-stocks ". 
(3) Subsections (5) and (8) of that section and. in subsection (9) 
of that section, :the words" or subsection (8) " shall cease to have 
effect. IP/N/1/GBRlP/3 
Page 29 IP/N/1/GBRlP/3 
Page 30 
c. 17 Plant Varieties Act 1983 
(4) Every scheme made under Part I of the 1964 Act before 
the commencement of this Act shall be amended as follows--
(a) for any period of 25 years prescribed by the scheme 
there shall be substituted a period of 30 years; 
(b) for any period of 20 years so prescribed there shall be 
substituted a period of 25 years; and 
(c) for any period of 15 or 18 years so prescribed there 
shall be substituted a period of 20 years; 
and the period for which any plant breeders' rights subsisting 
at the commencement of this Act are exercisable shall be ex­
tended by so much (if any) as may be necessary to bring it into 
conformity with the relevant scheme as so amended. 
(5) Nothing in this Act shall affect the operation of subsections 
(5). (8) and (9) of section 3 of the 1964 Act in relation to appli­
cations made. or extensions granted on applications made. before 
the commencement of this Act. 
Plant breeders' 2. For sub-paragraphs (1) and (2) of paragraph 1 of Schedule 
rights in 3 to the 1964 Act (sale of cut blooms, fruit etc.) there shall be 
special cases. substituted the following sub-paragraph-
" 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." 
Compulsory 3.-(1) In subsection (3) of section 7 of the 1964 Act (com-
licences. pulsory licences) for the words from" endeavour to secure" on­
wards there shall be substituted the words" have regard to the 
desirability of securing-
(a) that the plant variety is available to the public at 
reasonable prices. is widely distributed and is main­
tained in quality; Plant Varieties Act 1983 c.17 
(b) that there is reasonable remuneration for the holder of 
the plant breeders' rights; and 
(c) where there is a market for the export of the plant 
variety. that the market is supplied from the production 
of the variety in Great Britain." 
(2) In subsection (5) of that section for paragraph (a) there 
shall be substituted the following paragraph-
"(a) the holder of the plant breeders' rights to which an 
application under subsection (1) of this section relates--
(i) is or includes. or is represented by. a society 
or other organisation which has as its main object. 
or one of its main objects. the negotiation or grant­
ing of licences to exercise plant breeders' rights. 
either as the holder of the rights or as agent for 
holders, or 
(ii) is or includes a company any shares of which 
are held by or on behalf of the Ministers, and". 
4. The 1964 Act shall have effect subject to the further amend- Other 
ments set out in Schedule 1 to this Act. being mis(:ellaneous amendments 
minor amendments. fc~~e 1964 
5.-(1) Section 39 of the 1964 Act (extension of that Act to Application 
Northern Ireland) shall have effect as if the provisions of this of A.ct 
Act were provisions of the relevant Part of that Act and, with ~utSl~~ .t . 
the exception of subsection (2) below. had been extended to rea n aID. 
Northern Ireland by Order in Council under subsection (2) of 
tha t section. 
(2) Section 40 of the 1964 Act (extension of that Act to 
the Isle of 11an aI1d Channel Islands) shall have effect as if the 
provisions of this Act were provisions of that Act. 
6.-0) This Act may be cited as the Plant Varieties Act 1983. Short title, 
. . repeals and (2) The enactments mentIoned In Schedule 2 to this Act are commence-
hereby repealed to the extent specified in the third column of ment. 
tha t Schedule. 
(3) TIlis Act shall come into force at the expjry of the period 
of two months beginning with the day on which it is passed. IP/N/lIGBRlP/3 
Page 31 IP/N/lIGBRlP/3 
Page 32 
Section 4. c. 17 Plant Varieties Act 1983 
SCHEDULES 
SCHEDULE 1 
AMENDMENTS OF THE 1964 Acr 
l.-{I) In subsection (1) of section 4 of the 1964 Act (the nature 
of plant breeders' rights) after the word "sell" there shall be 
inserted the words " or offer or expose for sale". 
(2) In subsection (2) of that section after the word "sale" there 
shall be inserted the words " or offer or exposure for sale" and after 
the word "sold". in the first place where it occurs. there shall be 
inserted the words " or offered or exposed for sale ". 
(3) In subsection (5) of that section after the word "sell" there 
shall be inserted the words" or offer or expose for sale ". 
2.-(1) In subsection (1) of section 5A of the 1964 Act (require­
ment to use registered names on sale of reproductive material) after 
the word " offering" there shall be inserted the words " or exposing". 
(2) In subsection (4) of that section the words "in connection 
with the registered name of a plant variety" shall be omitted and 
for the words from "other than" onwards there shall be substituted 
the words " if-
(a) that mark or name and the registered name are juxtaposed; 
and 
(b) the registered name is easily recognisable." 
(3) In subsection (5) of that section the words" or to imprisonment 
for a term not exceeding three months. or to both" shall cease to 
have effect. 
3. In subsections (1) and (2) of section 13 of the 1964 Act (false 
representations as to rights and false information) the words "or 
to imprisonment for a term not exceeding three months. or to both .. 
shall cease to have effect. 
4.-(1) In subsection (1) of section 15 of the 1964 Act (interpre­
tation of Part I). in paragraph (d) for the words" ornamental plants 
and parts of ornamental plants vvhen " there shall be substituted the 
words "plants or parts of plants of any ornamental variety when 
plants or parts of plants of that variety are ". 
(2) After that subsection there shall be inserted the following sub­
section-
"(lA) References in this Part of this Act to offering or 
exposing for sale plants or material of any description include 
references to publishing. or causing to be published. any ad­
vertisement likely to te understood as conveying that the 
advertiser has plants or material of that description in his 
possession for the purpose of sale. ,. 
5. In subsection (1) of section 38 of the 1964 Act (interpretation) 
in the definition of "plant variety" for the word "means" there 
shall be substituted the word" includes ". Plant Varieties Act 1983 c. 17 
6. In subsection (3)(b) of section 39 of the 1964 Act (extension of 
Act to Northern Ireland) the word "and" immediately following 
head (iv) shall cease to have effect and after head (v) there shall 
be inserted the words " and 
(vi) in paragraph 9(3) of Schedule 4, after the words' this Act' 
there were inserted the words' or the Seeds Act (Northern 
Ireland) 1965 ' ". 
7. In paragraph 1(3) of Schedule 1 to the 1964 Act (protection of 
applicant for rights while application is pending) after the word 
" offer" there shall be inserted the words "or exposure" and the 
words from" or the exposure" onwards shall cease to have effect. 
8.-(l} In paragraph 1(1) of Part I of Schedule 2 to the 1964 Act 
(priorities between applicants for rights) after the words "those 
persons" there shall be inserted the words" (and any successors in 
title of theirs) " and for the words from" in the form " to " section 9 
of" there shall be substituted the word" under ". 
(2) In sub-paragraph (3) of paragraph (2) of that Part of that 
Schedule for the words from "in the form" to "being a form" 
there shall be substituted the words" being an application ". 
9.-(1) In paragraph 1(1) of Part IT of Schedule 2 to the 1964 
Act (rules for grant of rights) for the words" morphological, physio­
logical or other characteristics" there shall be substituted the words 
"characteristics which are capable of precise description ". 
(2) In sub-paragraphs (1) and (2) of paragraph 2 of that Part of 
that Schedule after the word" offered" there shall be inserted the 
words " or exposed ". 
(3) For the proviso to sub-paragraph (2) of that paragraph there 
shall be substituted the following proviso-
"Provided that tbe restriction imposed by this sub-paragraph 
shall not apply to sales or offers or exposures for sale made 
outside the United Kingdom-
(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." 
(4) In sub-paragraphs (4)(a) and (5) of that paragraph after the 
word" offer" there shall be imerted the words" or exposure ". SCH.l IP/N/lIGBRlP/3 
Page 33 IP/N/lIGBRlP/3 
Page 34 
Section 6. c.17 Plant Varieties Act 1983 
SCHEDULE 2 
REPEALS 
Chapter Short title Extent of repeal 
1964 c. 14. The Plant Varieties and 
Seeds Act 1964. In section 3, subsections (5) 
and (8) and, in subsection 
(9), the words" or subsection 
(8) ". 
In section 5A, in subsection (4) 
the words "in connection 
with the registered name of a 
plant variety" and in sub­
section (5) the words " or to 
imprisonment for a term not 
exceeding three months, or to 
both ". 
In section 13, in subsections (1) 
and (2) the words .. or to 
imprisonment for a term not 
exceeding three months, or to 
both ". 
In section 39, in subsection 
(3)(b) the word" and" imme­
diately following head (iv). 
In Schedule 1, in paragraph 
1(3) the words from .. or the 
exposure" onwards. 
The above repeals have effect subject to section 1(5) above. 
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