GB086: Plant Variety (Breeders' Rights), Regulations, 28/02/1978, No. 294
1978 No. 294
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights Regulations 1978
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Made |
28th February 1978 |
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Laid before Parliament |
10th March 1978 |
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Coming into Operation |
1st April 1978 |
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The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Northern Ireland (being the Secretary of State concerned with agriculture in Northern Ireland), acting jointly, in exercise of the powers vested in them by sections 3(6), 5(1) and (4), 9(1), (2), (3), (4) and (5), 10(5) and 36 of, and paragraph 3 of Part I of Schedule 2 to, the Plant Varieties and Seeds Act 19641, as amended by section 43 of, and Schedule 7 to, the Agriculture (Miscellaneous Provisions) Act 19682, as extended to Northern Ireland by the Plant Varieties and Seeds (Northern Ireland) Order 19643 and to the Isle of Man by the Plant Varieties and Seeds (Isle of Man) Order 19694 and of all other powers enabling them in that behalf, after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 19715 as applied to the Controller of Plant Variety Rights and any officer authorised to exercise the functions of the said Controller under section 11(5) of the Plant Varieties and Seeds Act 1964 and the Plant Varieties and Seeds Tribunal by section 12 of the last mentioned Act, hereby make the following regulations:-
Citation and commencement
1. These regulations may be cited as the Plant Breeders' Rights Regulations 1978 and shall come into operation on 1st April 1978.
Revocation
2. The regulations specified in Schedule 1 to these regulations are hereby revoked.
Interpretation
3.-
(1) In these regulations, unless the context otherwise requires-
"the breeder" in relation to a plant variety means the person who bred or discovered that variety;
"the Controller" means the Controller of Plant Variety Rights;
"the Ministers" means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Northern Ireland acting jointly;
"persons concerned" means, in relation to any proceedings, and as the case may be-
(i) the person who has made the application which has given rise to such proceedings,
(ii) the holder of the plant breeders' rights which are, or of the licence which is, the subject of the proceedings,
(iii) the person entitled to the benefit of the protective direction which is the subject of the proceedings,
(iv) any organisation or person entitled to make representations and be heard by virtue of section 7(5) of the Act, and
(v) any person or organisation entitled to participate in the proceedings;
"plant breeders' rights" means rights which may be granted in accordance with Part I of the Act;
"prescribed fee" means the fee for the time being prescribed by regulations made in pursuance of section 9 of the Act;
"reproductive material" means reproductive material of a plant variety and includes seeds for sowing, seed potatoes and other vegetative propagating material, whole plants as well as parts of plants, where whole plants may be used as reproductive material, and ornamental plants and parts of ornamental plants when used commercially as propagating material in the production of ornamental plants and cut flowers;
"the Tribunal" means the Plant Varieties and Seeds Tribunal established by section 10 of and Schedule 4 to the Act, as amended by paragraph 5(5) of Schedule 4 to the European Communities Act 19726.
(2) The Interpretation Act 18897 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament, and as if these regulations and the regulations hereby revoked were Acts of Parliament.
Application for grant of plant breeders' rights or protective direction
4.-
(1) Any application for a grant of plant breeders' rights or for a protective direction shall be made in the form set out in Schedule 2 to these regulations, or in a form to the like effect, and delivered to the Controller.
(2) Any such application made by a person claiming to be the successor in title to the breeder shall be accompanied by the assignment, the original or an official copy of the grant of probate, letters of administration or confirmation or such other documentary evidence as is in the opinion of the Controller sufficient to establish the title of the applicant.
(3) Any person who has a substantial interest in any such application or is in a position to adduce evidence which is likely to be material to the consideration thereof may participate in the proceedings upon such application.
(4) Any priority obtained by an applicant for a grant of plant breeders' rights by virtue of paragraph 1 of Part I of Schedule 2 to the Act may be forfeited by the Controller if the applicant does not after service on him by the Controller of a notice satisfy within such time, being not less than 14 days, as may be specified in the notice such requirements as are mentioned therein, being requirements which are to be satisfied by an applicant before a grant of plant breeders' rights can be made.
(5) The Controller shall serve upon the applicant notice of his proposal to forfeit any priority in accordance with the last preceding paragraph.
(6) An appeal shall lie to the Tribunal against any decision of the Controller under paragraph (4) of this Regulation.
Extension of period of plant breeders' rights
5.-
(1) Any application for an extension of the period for which any plant breeders' rights are exercisable shall be made in writing and delivered to the Controller.
(2) Any such application shall be made and delivered not more than 18 months and not less than 9 months before the date when the said period is due to expire: provided that, if the Controller is satisfied that the applicant has been prevented by circumstances beyond his control from making his application earlier, he may entertain such an application made within 9 months before such date of expiry of the said period.
(3) Any person who is the holder of a licence to exercise any plant breeders' rights in, or otherwise has a substantial interest in, the plant variety in question or is in a position to adduce evidence which is likely to be material to the consideration of any such application and any organisation appearing to the Controller to be representative of holders of such licences or persons so interested may participate in the proceedings upon such application.
Compulsory licences
6.-
(1) An application for a compulsory licence shall be made in writing and delivered to the Controller.
(2) In addition to any organisation or person entitled to make representations by virtue of section 7(5) of the Act any person who is the holder of a licence to exercise any plant breeders' rights in the plant variety in question may participate in the proceedings upon the application referred to in the last preceding paragraph.
(3) Any application for the revocation of or for an extension, limitation or other variation of the terms of a compulsory licence shall be made in writing and delivered to the Controller.
(4) Any person who is the holder of a licence to exercise any plant breeders' rights in the plant variety in question may participate in the proceedings upon the application referred to in the last preceding paragraph.
Withdrawal of a protective direction
7.-
(1) Except in a case where the person to whom a protective direction has been given has applied for it to be withdrawn, the Controller shall serve upon the person to whom a protective direction has been given notice of any proposal to withdraw such protective direction.
(2) The notice shall include a statement setting out the grounds upon which the proposal is founded.
Surrender of plant breeders' rights
8.-
(1) Any application offering to surrender plant breeders' rights in a plant variety shall be made in writing and delivered to the Controller.
(2) Any person who is the holder of a licence to exercise any plant breeders' rights in the plant variety in question and any person whose financial interests are likely to be affected substantially by the granting of any such application and termination of the period for which the rights are exercisable may participate in the proceedings upon, and object to, such application.
Termination of plant breeders' rights
9.-
(1) The Controller shall serve upon the holder of plant breeders' rights in a plant variety notice of any proposal to terminate the period for which those rights are exercisable or to revoke or, if it has begun, terminate any extension of such period and in such notice shall state the grounds upon which the proposal is founded.
(2) Any person who is the holder of a licence to exercise any plant breeders' rights in the plant variety in question and any person whose financial interests are likely to be affected substantially by giving effect to any such proposal may participate in the proceedings upon the proposal.
Persons entitled to make representations
10.-
(1) An organisation or person claiming to be entitled to make representations and be heard by virtue of section 7(5) of the Act may within 21 days from the publication of a notice in accordance with Regulation 11 of these regulations apply to the Controller with a view to satisfying him as to the matters specified in the said section 7(5).
(2) The Controller, after considering an application made under the last preceding paragraph, shall inform the applicant either that he is or that he is not satisfied as to the matters referred to in the said paragraph.
(3) An appeal shall lie to the Tribunal against any decision of the Controller that he is not satisfied as to the matters referred to in paragraph (1) of this regulation.
(4) The right of any organisation or person as aforesaid to make representations and be heard shall be conditional upon application to the Controller in accordance with paragraph (1) of this regulation.
Advertisement of applications for compulsory licences
11. The Controller shall publish in the gazette notice of an application for a compulsory licence, together with a reference to the matters upon which ?? an opportunity of making representations to him concerning the application and of being heard by him or by a person appointed by him for the purpose.
Information, plant material and facilities
12.-
(1) Any person making an application under any of the provisions of Part I of the Act shall-
(i) give to the Controller such information and evidence and produce or deliver to him such documents, records and illustrations as he may require;
(ii) where the application is for a grant of plant breeders' rights, deliver to the Controller or produce to him for examination, as may be required, the reproductive and other plant material of the plant variety to which the application relates in the quantity and of the description and quality specified, and packed and in the condition also specified, in the Part of Schedule 3 to these regulations appropriate to the plant variety, and also such further reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be required to replace any such material already delivered as may have been damaged in transit or damaged or lost in the course of tests and trials or which is, or has in the course of tests and trials been shown to be, unhealthy or otherwise unsuitable;
(iii) where the application is other than one for a grant of plant breeders' rights, deliver to the Controller such reproductive and other plant material in such quantity and of such description and quality as he may require;
(iv) afford to the Controller at all reasonable times such facilities for the inspection or examination of plants, plant material, trial grounds or other land or premises,
to or at such place, within such period or at such time or times and in such manner as the Controller may from time to time require, being information, evidence, documents, records, illustrations, material and facilities as are relevant to the application and in the possession, control or power of the applicant.
(2) The Controller may from time to time require a person making an application under any of the provisions of Part I of the Act to undertake before the application is granted such tests and trials in connection with the plant variety which is the subject of the application at such place, within such time and in such manner as the Controller may also require.
(3) If an applicant fails to comply with any requirement of the Controller made under paragraphs (1) or (2) of this regulation, the Controller shall not be obliged to take any further steps in relation to such application until the said requirement (except as regards the period or time allowed for compliance) has been complied with and if after the service by the Controller on the applicant of a notice informing him of the consequences of a continuance of such failure the applicant has not complied with the said requirement within a time, being not less than 14 days, specified in the said notice, the application shall be deemed to have been abandoned.
Representations to the Controller
13.-
(1) In any case in which an appeal lies to the Tribunal under the provisions of Part I of the Act or of these regulations and in a case where he proposes to terminate, in accordance with Regulation 26(6) of these regulations, the period for which any plant breeders' rights are exercisable the Controller shall afford to the persons concerned an opportunity of making representations to him in writing and of being heard by him or by a person appointed by him for the purpose.
(2) The Controller may afford to any or to all of the persons concerned more than one opportunity of making representations to him if in the circumstances it shall appear to him to be necessary or desirable to do so.
(3) Except in a case of a proposal to withdraw a protective direction the Controller shall publish in the gazette a notice indicating the nature of the proceedings together with a statement of the descriptions of persons entitled by virtue of these regulations to participate in the proceedings and of the manner in which and the time within which representations may be made to him in writing and an application made for an opportunity to be heard by him or by a person appointed by him for the purpose.
(4) Any person making representations to the Controller in writing, any person requiring to be heard by the Controller or by a person appointed by him for the purpose and any person concerned who proposes to attend a hearing by the Controller or a person so appointed shall, not later than seven days before the day appointed for the hearing, deliver to the Controller two copies of any documents which such person proposes to put in evidence or otherwise rely upon and the Controller shall thereupon serve a copy of such documents on each of the persons concerned of whom he is aware.
(5) In any case referred to in paragraph (1) of this regulation the Controller shall give to each of the persons concerned of whom he is aware, a notice informing him of his right to make representations, of the manner in which and the time within which such representations may be made and of his right to be heard by the Controller or by a person appointed by him for the purpose and of the manner in which and the time within which he may apply for an opportunity to be heard.
(6) The Controller shall serve on each of the persons concerned of whom he is aware, other than the person making the representations, a copy of any representations made in accordance with paragraph (1) of this regulation.
(7) Any of the persons concerned may within the time notified by the Controller for the purpose require that an opportunity be afforded to him of being heard by the Controller or a person appointed by him for the purpose.
(8) If any person shall so require to be heard, the Controller shall appoint a time and place in the United Kingdom or the Isle of Man at which that person and all of the other persons concerned may be heard by him or by a person appointed by him for the purpose.
(9) In appointing the time and place referred to in the last preceding paragraph the Controller shall have regard to the convenience of the persons concerned and of their witnesses, the situation of any land or premises to be viewed in connection with the application and to the other circumstances of the case, including the wishes of and expense to the aforesaid persons.
(10) The controller shall give to each of the persons concerned at least 14 days' notice of the aforesaid time and place of the hearing at which he may be heard by the Controller or by a person appointed by him for the purpose.
(11) The hearing may be adjourned from time to time and, if an adjournment is announced in the course of the hearing, no further notice thereof to the persons attending the hearing shall be required.
(12) Any of the persons concerned may be represented at the hearing by a person chosen by him whether or not such person has been authorised to act as his agent in accordance with Regulation 16(2)(a) of these regulations.
(13) Any of the persons concerned who attends the hearing may give evidence and he or his representative may call witnesses and produce documents and shall be given an opportunity of putting questions directly to any witness called at the hearing:
Provided that except with the leave of the Controller or other person conducting the hearing no document shall be so produced unless copies thereof were delivered to the Controller in accordance with paragraph (4) of this regulation.
(14) The Controller or other person conducting the hearing may require any witnesses to give evidence at the hearing on oath or affirmation and, for that purpose, may administer an oath or affirmation in due form.
(15) The hearing shall be in public unless the Controller or other person conducting the hearing, after consultation with the persons concerned attending the hearing or their representatives, otherwise directs.
(16) The Controller shall not take his decision until he has considered, in addition to the submissions made and evidence adduced at the hearing, any representations previously made to him in writing.
(17) Subject to Regulation 14(3) of these regulations the decision of the Controller shall take effect at such time as he shall direct provided that, except where his decision is one to grant an application in a case where no person concerned has made any representations to him in writing or has been heard by him or by a person appointed by him for the purpose in opposition to the granting of the application, the decision shall not be directed to take effect before the expiration of the time limited for the bringing of an appeal.
(18) The Controller shall give to the persons referred to in Regulation 14(2) of these regulations notice of his decision, together with his reasons for it, and also a sufficient indication of the time within which and manner in which an appeal may be brought.
(19) The Controller shall publish in the gazette notice of his decision in respect of an application, from the decision upon which an appeal lies to the Tribunal, and of a proposal to terminate the period for which plant breeders' rights are exercisable or to revoke or, if it has begun, terminate any extension of such period.
Appeal to the Tribunal
14.-
(1) The hearing of an appeal by the Tribunal under the provisions of Part I of the Act or of these regulations shall take place in such part of the United Kingdom or the Isle of Man as shall be determined by the Chairman of the Tribunal who shall have regard to the matters referred to in Regulation 13(9) of these regulations as well as to the convenience of the members of the Tribunal and, if he proposes to appear at the hearing of the appeal, of the Controller.
(2) The person who made the application which was the subject of the decision of the Controller, the holder of the plant breeders' rights which were, or of the licence which was, the subject of the said decision, the person entitled to the benefit of the protective direction which was the subject of the said decision and any person or organisation who availed himself or itself of the opportunity to make representations in writing or to be heard by the Controller or a person appointed by him for the purpose in the proceedings in respect of which the said decision was given, as the case may be, shall be entitled to appear and be heard as a party to any appeal against the said decision of the Controller.
(3) Where an appeal is brought against a decision given in accordance with the Act or these regulations the operation of such decision shall be suspended pending the final determination of the appeal provided that, in a case where the appeal is from a decision to extend the period for which plant breeders' rights in a plant variety are exercisable and the circumstances are such that the period for which those rights were originally granted will (apart from this proviso) expire before the appeal is finally determined, the decision shall not be suspended during the period between the date when it would have become effective in the absence of an appeal and the date when the appeal is finally determined.
(4) If the Controller shall have published in the gazette a notice of his decision which is the subject of the appeal, he shall also publish in the gazette a notice of the proposed appeal, of any suspension of the operation of his decision in accordance with the last preceding paragraph and of any withdrawal of the appeal, as the case may be.
(5) The Controller shall take such steps as may be necessary to give effect to any decision given on the final determination of an appeal and such other steps as he would be required by these regulations to take if such decision were his own.
Repeated applications
15.-
(1) If an application to which Regulations 5, 6 or 8 or these regulations applies is a repeated application on the same subject, that is to say it is one which is made within 12 months of the making in similar circumstances of a previous application on that subject, upon which the Controller has taken a decision, and is an application appearing to the Controller to be one which is made without reasonable cause, the Controller may, if it shall appear to him to be reasonable to do so in all the circumstances, refuse to entertain such application.
(2) Before refusing to entertain an application in pursuance of the last preceding paragraph the Controller shall afford to the applicant an opportunity of making representations in writing to him and of being heard by him or by a person appointed by him for the purpose and the provisions of Regulation 13 of these regulations shall, so far as practicable, apply accordingly.
Forms of application: agency
16.-
(1) Subject to paragraph 2(a) of this regulation every application made under the Act or these regulations shall, if so required, be made on a form supplied by the Controller and shall be signed by the applicant.
(2)
(a) Any application, notice or other document given, delivered to or served upon the Controller under or in accordance with these regulations may be signed by, and all attendances upon the Controller may be made by or through, an agent authorised in that behalf by an authority in writing by the person on whose behalf the agent is authorised to act, which authority shall have been delivered to the Controller.
(b) Not more than one such agent shall be so authorised at any one time.
Preparation of documents
17. Where any document submitted to the Controller in connection with any proceedings is in a language other than the English language it shall, unless the Controller otherwise directs, be accompanied by a complete and adequate translation thereof into the English language.
Selection of names for plant varieties
18.-
(1) An applicant for a grant of plant breeders' rights shall, when so required by the Controller and within such time as he may direct, propose a name for the plant variety in respect of which his application is made.
(2) The Controller may reject a name proposed in pursuance of the last preceding paragraph if it shall appear to him that such name-
(a) is the same as that of any other plant variety of the class to which the plant variety in respect of which the application is made belongs, being either a class consisting of the plant varieties of the species or groups prescribed by a scheme under Part I of the Act or a class prescribed for the purposes of section 5(7) of the Act, or so nearly resembles the name of any such other plant variety that it would be likely to deceive or to cause confusion as to the identity of the variety,
(b) is liable to deceive or cause confusion as to the characteristics or value of the plant variety or as to the identity of the breeder,
(c) does not in other respects conform with international usage as regards the nomenclature of cultivated plants,
(d) is the same as, or is likely to be confused with, a trade mark registered or applied for or a trade name used in respect of reproductive material of any kind or with produce or products of the plant variety in respect of which the application is made or of another plant variety of the class to which such plant variety belongs. being a class as described in sub-paragraph (a) of this paragraph, or
(e) is liable to give offence or is otherwise objectionable.
(3) Upon the rejection of a name proposed for a plant variety in accordance with the last preceding paragraph the Controller shall inform the applicant of the ground upon which it was rejected and require him to propose within such time as he may direct another name for the plant variety and upon a name being proposed accordingly the last preceding paragraph and this paragraph shall apply in relation to that name.
(4) The Controller shall publish in the gazette and in such other manner as shall appear to him to be necessary or desirable a notice of the name proposed for a plant variety and not rejected by him in accordance with the preceding paragraphs of this regulation.
(5) Any person may object to the approval of the name proposed for a plant variety as being unsuitable on one or more of the grounds set out in sub-paragraphs (a) to (e) of paragraph (2) of this regulation and may make representations to the Controller accordingly within such time as shall be specified in the notice referred to in the last preceding paragraph.
(6) Before approving a name for a plant variety the Controller shall consider any representations which may have been made to him.
(7) The name approved by the Controller for a plant variety shall be published by him in the gazette and in such other manner as he shall think appropriate to inform persons concerned.
(8) If an applicant for a grant of plant breeders' rights fails to propose a name in accordance with the requirements of this regulation the Controller shall not be obliged to take any further steps in relation to the application until the said requirements (except as regards the time allowed for compliance) have been complied with and if after the service by the Controller on the applicant of a notice informing him of the consequences of a continuance of such failure the applicant has not complied with the said requirements, within a time, not being less than 14 days, specified in the said notice, the application shall be deemed to have been abandoned.
(9) An applicant for a grant of plant breeders' rights or a holder of plant-breeders' rights may at any time propose to the Controller a name for the plant variety in respect of which the application is made or plant breeders' rights have been granted in substitution for the name already proposed or approved for that plant variety and, if the Controller considers it desirable that the proposal should be entertained, but not otherwise, paragraphs (4), (5), (6) and (7) of this regulation shall apply as regards the name so proposed.
(10) In this regulation and in paragraph (1) of the next succeeding regulation "name" includes any designation.
Register of plant varieties
19.-
(1) The Controller shall keep a register of plant varieties which shall include the names which have been selected for plant varieties in respect of which grants of plant breeders' rights have been made and for ?? consideration, being the names which have been approved by him in accordance with the last preceding regulation.
(2) As regards plant varieties in respect of which grants of plant breeders' rights have been made the register shall also include-
(a) a description of the characteristics of the plant variety;
(b) the reference number under which the plant variety is recorded in any reference collection of plant material maintained by the Controller;
(c) the name and address of the holder for the time being of the plant breeders' rights in the plant variety;
(d) the date upon which and the period (including any extended period) for which plant breeders' rights in the plant variety were granted, and the date upon which such rights expired or were otherwise terminated, as the case may be; and
(e) such other particulars as shall appear to the Controller to be desirable.
(3) As regards plant varieties in respect of which applications for grants of plant breeders' rights are under consideration, the register shall also include-
(a) a description, or a summary, of the characteristics of the plant variety as described by the applicant;
(b) the name and address of the applicant;
(c) the date upon which any protective direction was granted; and
(d) such other particulars as shall appear to the Controller to be desirable.
(4) Any person claiming to have become entitled to plant breeders' rights or to a share in plant breeders' rights shall apply to the Controller for registration of his title and upon being satisfied that such person is so entitled the Controller shall amend the register accordingly.
(5) The holder of any plant breeders' rights who has changed his name or address shall apply to the Controller for amendment of the register accordingly.
(6) The register shall be available for inspection by any member of the public at the Office and the Controller shall, if required, supply a copy of any entries in the register to any person.
Botanical descriptions and reports
20.-
(1) The Controller shall cause a botanical description of a plant variety which is the subject of an application for a grant of plant breeders' rights to be available for inspection by any person at the Office and, if required, he shall supply a copy thereof to any person.
(2) Any report received by the Controller of the result of any tests and trials which have been carried out in respect of a plant variety which is the subject of an application for a grant of plant breeders' rights and which may be relevant to the issues which are material to his decision shall be available for inspection by any of the persons concerned at the Office and, if required, he shall supply a copy thereof to any such person.
Loss or destruction of documents of grant
21. Where the Controller is satisfied that any document issued by him as evidence of a grant of plant breeders' rights, of a grant of a protective direction or of an extension of the period for which plant breeders' rights are exercisable has been lost or destroyed or cannot for some other good reason be produced he may cause a duplicate thereof to be delivered to the person entitled to the grant or extension as the case may be.
Service of documents
22.-
(1) Every applicant for and holder of plant breeders' rights and each of the other persons concerned in any proceedings under the Act or these regulations shall give to the Controller an address within the United Kingdom or the Isle of Man. (hereinafter referred to as his "address for service") which shall be the address at which any notices or other documents under or in accordance with these regulations may be delivered to, served upon, or given to him for the purpose of these regulations.
(2) Any person shall be at liberty at any time to give to the Controller in substitution for his address for service another address within the United Kingdom or the Isle of Man which shall thereafter be his address for service.
(3) Any document or thing required or authorised by or in pursuance of these regulations to be delivered to, served on or given to the Controller may be delivered, served or given by being left at the Office or at such other place as the Controller may have required in writing or sent to the Controller at the Office or at such place by post in a fully addressed prepaid letter or parcel: provided that reproductive or other plant material delivered to the Controller in accordance with Regulation 12(1) of these regulations may, instead of being sent by post, be sent by any other convenient means.
(4) Any document or thing required or authorised by these regulations to be delivered to, served on or given to any person other than the Controller may be delivered, served or given by being delivered to him personally, left for him at his address for service or at his last known address or sent to him there by post in a properly addressed prepaid letter.
Times for compliance and extensions thereof
23.-
(1) If the time limited for the delivery to or service on the Controller of any document or thing expires on a day when the Office is not open to the public for the transaction of business, such time shall be deemed to be extended to expire with the next succeeding day on which the Office is so open.
(2) Where any document or thing is to be delivered, served or given or any act is to be done within a time prescribed or required by or under these regulations such time may, upon application made to the Controller by the person required to deliver, serve or give the document or thing or do the act, be extended by the Controller for such period and upon such terms, if ?? reasonable to do so.
(3) The Controller shall give to a person making an application in accordance with the last preceding paragraph of this regulation notice of his decision to extend or to refuse to extend the time in question.
Rectification of errors and irregularities
24.-
(1) Any document delivered to, served on or given to the Controller in connection with any application or proceeding may, with the consent of the Controller after application made to him by the person by or on whose behalf the said document has been delivered, served or given, be amended and any irregularity in procedure may be excused or rectified, in either case upon such terms, if any, as the Controller shall direct and thereupon no proceeding shall be invalidated in consequence of any error, omission or irregularity so excused or rectified.
(2) The Controller may, without prejudice to any other powers vested in him, either upon the application of any person or without such an application, rectify any error or omission in the register of plant varieties.
(3) Before rectifying the aforesaid register the Controller shall (unless he considers that the correction is so trifling that it is not necessary for him to do so) give notice of his proposal to do so to the person entitled to plant breeders' rights in the plant variety in respect of which the register is proposed to be corrected and shall advertise his proposal in the gazette, and in either case shall invite observations to be made within a specified period in regard to the proposal, and he shall not make the correction until he has considered any observations so made to him.
Business after office hours
25. Any business done, and any document delivered, at the Office under the Act or these regulations on any day after the end of the period fixed for the opening of the Office to the public for the transaction of business on that day or on any day which the Office is not open to the public for the transaction of business shall be deemed to have been done or delivered on the next succeeding day when the Office is open to the public for the transaction of business.
Fees
26.-
(1) If a prescribed fee payable by a person in connection with an application made by him under Part I of the Act shall not have been paid on the due date, the Controller shall not be obliged to take any further steps in relation to such application until the fee shall have been paid and, if such fee remains unpaid after the expiration of 28 days from the service by the Controller on the applicant of a notice informing him of the consequences of a continuance of the failure to pay the fee, the Controller may refuse the application.
(2) No appeal shall lie to the Tribunal against any decision of the Controller to refuse an application under the last preceding paragraph.
(3) The Controller shall at least 28 days before the date when a prescribed fee payable in respect of the continued exercise of plant breeders' rights in a plant variety becomes due, if such fee shall not already have been paid, give to the holder of such rights a notice informing him of the fact that the said fee is payable, of the date when it is due and of the consequences of a failure to pay it.
(4) If such a fee shall not have been paid by the expiration of seven days from the date when it was due, the Controller shall forthwith give to the holder of the plant breeders' rights a notice informing him that the period for which such rights are exercisable will be terminated unless the fee is paid within 28 days, or within such longer period as may be allowed in accordance with the next succeeding paragraph, from the date when the fee became due.
(5) The Controller may on application made to him by any person, within 28 days from the date when the aforesaid fee became due, allow a period, expiring not later than three months from the date when the fee became due, within which such fee may be paid provided that the Controller shall only allow such a period if he is satisfied that it is reasonable in all the circumstances that he should do so.
(6) If the aforesaid fee shall not have been paid within 28 days, or such longer period as the Controller shall have allowed in accordance with the last preceding paragraph, of the date when it became due, the Controller, subject to Regulation 13(1) of these regulations, may terminate the period for which plant breeders' rights in the plant variety in question are exercisable.
(7) No appeal shall lie to the Tribunal against any decision of the Controller to terminate in accordance with the last preceding paragraph of this regulation the period for which any plant breeders' rights are exercisable.
(8) The Controller shall publish in the gazette notice of the termination by virtue of paragraph (6) of this regulation of the period for which plant breeders' rights are exercisable and shall inform the holder of the plant breeders' rights of such termination.
In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd February 1978.
(L.S.)
John Silkin,
Minister of Agriculture, Fisheries and Food
Bruce Millan,
Secretary of State for Scotland
23rd February 1978.
Roy Mason,
Secretary of State for Northern Ireland
28th February 1978.
Regulation 2
SCHEDULE 1
Regulations revoked |
References |
The Plant Breeders' Rights Regulations 1969 |
S.I. 1969/1021 |
The Plant Breeders' Rights (Amendment) Regulations 1971 |
S.I. 1971/1094 |
The Plant Breeders' Rights (Amendment) Regulations 1972 |
S.I. 1972/84 |
The Plant Breeders' Rights (Amendment) Regulations 1977 |
S.I. 1977/146 |
Regulation 4
SCHEDULE 2
Plant Varieties and Seeds Act 1964
Application for Plant Breeders' Rights
Particulars of applicant
1. Name and address of applicant |
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2. Address for service if different from that above. This address must be in the United Kingdom or the Isle of Man. |
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3. Name and address of breeder or discoverer if different from 1 above. (See Note 1) |
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Details of plant variety
4. Species or group of plant varieties to which the plant variety belongs. |
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5. Proposed name or other designation. |
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6. Country in which the variety was bred or discovered. |
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7. Have plants of the variety, or material forming part of or derived from them, been sold or offered for sale, either in the United Kingdom or the Isle of Man, or abroad, prior to the date of this application? |
(i) State YES or NO If YES give the following particulars: (ii) Country (iii) Date of first sale or offer for sale (iv) On what terms or conditions? (v) Has the breeder or discoverer given his consent? State YES or NO |
Applications outside the United Kingdom or the Isle of Man
8. |
Country |
Date |
Name or designation applied for |
(a) Give details of similar applications for rights in other countries. |
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(b) Is priority claimed in respect of an application or applications made in a designated country or countries in the 12 months preceding the date of this application? |
State YES or NO If YES, indicate below which of the applications detailed above are the subject of your claim. |
I / WE declare that to the best of my / our knowledge and belief the statements made in this application are correct.
I/WE apply for the grant of plant breeders' rights.
Signature of applicant ..........................................................
(See Note 2)
Date ..........................................................
To be completed by applicants requiring a Protective Direction
I/WE request that a protective direction be given in respect of the plant variety covered by this application. I/WE undertake that 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 or the Isle of Man by me/us, or with my/our consent, in the period between the making of this application and the time when it is finally determined whether the application for plant breeders' rights is to be allowed or refused (or until this undertaking ceases to be binding under Schedule 1 of the Act whichever is the earlier).
I/WE understand that breach of this undertaking will render me/us liable to prosecution under the Act and may lead to the refusal of this application for the grant of plant breeders' rights or to termination of the period for which plant breeders' rights are exercisable, as the case may be.
Signature of applicant .................................................................
(See Note 2)
Date .................................................................
Notes
1.-
(i) Where the application is made by a person claiming to be the successor in title of the breeder, it must be accompanied by the assignment, the original or an official copy of the grant of probate, letters of administration or confirmation or such other documentary evidence as is in the opinion of the Controller of Plant Variety Rights sufficient to establish the title of the applicant.
(ii) Where the application is made by or through an agent it must be accompanied by an authority completed by the person on whose behalf the agent is authorised to act.
2. Where this application is completed by:-
(i) an individual person it must be signed by him;
(ii) a partnership firm it must be signed either by all the partners or by one of them on behalf of the firm;
(iii) a body corporate it must be signed by a director or by the secretary or other principal officer of the body corporate or by any other person satisfyinwg the Controller that he is authorised to sign on behalf of the body corporate;
(iv) a society or other similar organisation it must be signed by someone satisfying the Controller that he is qualified to do so.
3. This application must be accompanied by the fee prescribed for the purpose by the Plant Breeders' Rights (Fees) Regulations for the time being in force at the date of the application.
Regulation 12
SCHEDULE 3
Reproductive and Other Plant Material to be
Delivered to the Controller
PART I
Wheat, Barley and Oats
Quantity
1.-
(1) During the year beginning with the making of the application 500 ears and 5 kilograms of seed shall be delivered. Attached to each ear there shall be approximately 30 centimetres of straw.
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
Packing
2. For each variety the ears shall be packed in bundles of 100, lightly wrapped, in a stiff-sided container. The seeds shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3.-
(1) The seed shall comply with the following standards:
|
|
|
|
Max. no. of other seeds or structures in a sample of 500g. |
Min germi-nation (% by number of pure seeds) |
Min. analytical purity (% by weight) |
Max. moisture content (% by weight) |
Max. loose smut infection (% by number) |
All other species |
Other cultivated cereal species |
All species other than cultivated cereals |
Wild oats (Avena fatua, Avena strerilis or Avena ludoviciana) and darnel (Lolium temelentum) |
Wild radish (Raphanus raphanistrum) and Corn Cockle (Agrostemma githago) |
Erg?? (pie?? |
85 |
98 |
16 |
0.5 |
10 |
7 |
7 |
0 |
3 |
3?? |
(2) The seed shall be free from insects.
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART II
Maize
Quantity
1.-
(1) During the year beginning with the making of the application 500 grams of seed of the commercial hybrid and 200 grams of seed of each of the parents and parental lines of the commercial hybrid shall be delivered.
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
Packing
2. The seed shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3. The seed shall comply with the following standards:-
Min. germination (% by number pure seeds) |
Min. analytical purity (% by weight) |
Max. no. of seedsof other plant species in a sample of 250g. |
90 |
98 |
0 |
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART III
Potatoes
Quantity
1.-
(1) During the year beginning with the making of the application 200 seed tubers shall be delivered; these seed tubers shall be from stocks grown in Scotland or Northern Ireland or the English counties of Northumberland (excluding the districts of Blyth Valley and Wansbeck) and Cumbria (excluding the districts of Barrow-in-Furness and South Lakeland). The ??
Quality
3. The seed shall comply with the following standards:-
Kind |
Min. germi-nation (% by number of pure seeds) |
Min. analytical purity (% by weight) |
Max. weed seed content (% by weight) |
Wild Oats (Avena fatua, Avena sterilis or Avena ludoviciana) and dodder (Cuscuta spp.) (Max. no.of seeds in a sample of 100g) |
Blackgrass (Alopecurus myosuroides) (Max. % by weight) |
Ryegrass (Max. no. of seeds in a sample of 5g) |
Docks (Rumex obtusifolius and R. crispus) (Max. no. of seeds in a sample of 5g) |
Max. content of seeds and other crop species (%by weight) |
Perennial Ryegrass |
80 |
96 |
1.0 |
0 |
0.3 |
- |
2 |
1.0 |
Italian Ryegrass |
75 |
96 |
1.0 |
0 |
0.3 |
- |
2 |
1.0 |
Westerwolds Ryegrass |
75 |
96 |
1.0 |
0 |
0.3 |
- |
2 |
1.0 |
Timothy |
80 |
95 |
0.5 |
0 |
0.3 |
- |
2 |
1.0 |
Timothy (Phleum bertolonii) |
80 |
95 |
0.5 |
0 |
0.3 |
- |
2 |
1.0 |
Cocksfoot |
80 |
90 |
1.0 |
0 |
0.3 |
- |
2 |
1.0 |
Tall fescue |
80 |
95 |
1.0 |
0 |
0.3 |
- |
2 |
1.0 |
Meadow fescue |
80 |
95 |
1.0 |
0 |
0.3 |
2 |
2 |
1.0 |
Red fescue |
75 |
90 |
1.0 |
0 |
0.3 |
- |
2 |
1.0 |
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART V
Velvet Bent, Red Top, Creeping Bent, Brown Top, Wood
Meadow-Grass, Swamp Meadow-Grass, Smooth
Stalked Meadow-Grass and Rough
Stalked Meadow-Grass
Quantity
1. During the year beginning with the making of the application 1 kilogram of seed shall be delivered.
Packing
2. The seed shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3. The seed shall comply with the following standards:-
Kind |
Min. germi-nation (% by number of pure seeds) |
Min. analytical purity (% by weight) |
Max. weed seed content (% by weight) |
Wild Oats (Avena fatua, Avena sterilis or Avena ludoviciana) and dodder (Cuscuta spp.) (Max. no.of seeds in a sample of 100g) |
Blackgrass (Alopecurus myosuroides) (Max. % by weight) |
Docks (Rumex obtusifolius and R. crispus) (Max. no. of seeds in a sample of 5g) |
Max. content of seeds of other crop species (%by weight) |
Velvet bent |
75 |
90 |
1.0 |
0 |
0.3 |
2 |
1.0 |
Red top |
80 |
90 |
1.0 |
0 |
0.3 |
2 |
1.0 |
Creeping bent |
75 |
90 |
1.0 |
0 |
0.3 |
2 |
1.0 |
Brown top |
75 |
90 |
1.0 |
0 |
0.3 |
2 |
1.0 |
Wood meadow-grass |
75 |
85 |
1.0 |
0 |
0.3 |
2 |
1.0 +1.0% other Poa spp. |
Swamp meadow-grass |
75 |
85 |
1.0 |
0 |
0.3 |
2 |
1.0 as above |
Smooth stalked meadow-grass |
75 |
85 |
1.0 |
0 |
0.3 |
2 |
1.0 as above |
Rough meadow-grass |
75 |
85 |
1.0 |
0 |
0.3 |
2 |
1.0 as above |
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART VI
Lucerne, Red Clover and White Clover
Quantity
1.-
(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:-
For a lucerne variety |
1 kilogram |
For a red clover variety |
1 kilogram |
For a white clover variety |
500 grams |
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
Packing
2. The seed shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3. The seed shall comply with the following standards:-
Kind |
Min. germination (% by number of pure seeds) |
Min. analytical purity (% by weight) |
Max. weed seed content (% by weight) |
Max. hard seed content (% by number of pure seeds) |
Wild Oats (Avena fatua, Avena sterilis or Avena ludoviciana) and dodder (Cuscuta spp.) (Max. no.of seeds in a sample of 100g) |
Blackgrass (Alopecurus myosuroides) (Max. % by weight) |
Docks (Rumex obtusifolius and R. crispus) (Max. no. of seeds in a sample of 5g) |
Max. content of seeds of other crop species (%by weight) |
Lucerne |
80 |
97 |
0.5 |
40 |
0 |
0.3 |
2 |
1.0 |
Red Clover |
80 |
97 |
0.5 |
20 |
0 |
0.3 |
2 |
1.0 |
White Clover |
80 |
97 |
0.5 |
40 |
0 |
0.3 |
2 |
1.0 |
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal treatment.
PART VII
Lupins
Quantity
1.-
(1) During the year beginning with the making of the application 4 kilograms of seed shall be delivered.
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
Packing
2. The seed shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3. The seed shall comply with the following standards:-
Min. Germination (% by number pure seeds) |
Min. analytical purity (% by weight) |
Max. hard seed content (% by number of pure seeds) |
Max. weed seed content (% by weight) |
80 |
97 |
20 |
0.2 |
and shall be accompanied by a report showing the minimum germination, minimum purity and weight per thousand seeds, of the seed supplied.
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART VIII
Fenugreek
Quantity
1.-
(1) During the year beginning with the making of the application 25 grams of seed shall be delivered.
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
Packing
2. The seed shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3. The seed shall comply with the following standards:-
Min. germination (% by number pure seeds) |
Min. analytical purity (% by weight) |
Max. weed seed content (% by weight) |
80 |
95 |
0.1 |
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART IX
Peas, French beans, Runner beans, Broad and Field beans, Lettuces,
Celery and Celeriac, Marrows, Brussels sprouts,
Cabbages and Turnips
Quantity
1.-
(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:-
For a pea variety |
3 kilograms |
For a French bean variety |
3 kilograms |
For a runner bean variety |
3 kilograms |
For a broad bean variety |
4 kilograms |
For a field bean variety |
3 kilograms |
For a lettuce variety |
50 grams |
For a celery or celeriac variety |
5 grams |
For a marrow variety |
50 grams |
For a Brussels sprout variety |
30 grams |
For a cabbage variety |
30 grams |
For a turnip variety |
30 grams |
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
Packing
2. The seed shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit.
Quality
3. The seed shall comply with the following standards:-
Kind |
Min. germination (% by number of pure seeds) |
Min. analytical purity (% by weight) |
Max. content of seeds of other plant species (% by weight) |
Peas |
80 |
98 |
0.1 |
French Beans |
75 |
98 |
0.1 |
Runner Beans |
80 |
98 |
0.1 |
Broad Beans |
80 |
98 |
0.1 |
Field Beans |
85 |
98 |
0.1 |
Lettuce |
75 |
95 |
0.5 |
Celery and Celeriac |
70 |
97 |
1.0 |
Marrows |
75 |
98 |
0.1 |
Brussels Sprouts |
75 |
97 |
1.0 |
Cabbages |
75 |
97 |
1.0 |
Turnip |
80 |
97 |
1.0 |
Dressings and Treatments
4. The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART X
Apples
Quantity
1. Two trees on M.9 or M.26 and two trees on MM.106 rootstocks shall be delivered. The trees shall be not less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the two trees as mentioned above.
Health
2.-
(1) Complete Trees
(a) The trees shall not show symptoms of any virus disease.
(b) The trees shall be healthy. They shall not be lacking in vigour, or affected by scab, mildew, woolly aphis, or other pests or diseases.
(2) Scion or bud wood
Scion or bud wood shall be the produce either of a tree of the variety growing on its own roots or of a tree of the variety which satisfies the requirements set out in paragraph 2(1)(a) and (b) above.
PART XIApple Rootstocks
Quantity
1. Twenty-five well-rooted rootstocks of not less than 7 mm. in diameter selected from the stool or layer bed shall be delivered.
Health
2.-
(a) The rootstocks shall not show symptoms of any virus disease.
(b) The rootstock shall be healthy. They shall not be lacking in vigour, or affected by scab, mildew, woolly aphis or other pests or diseases.
PART XII
Pears
Quantity
1. Three trees on Quince A rootstock, double-worked where necessary, shall be delivered. The trees shall be not less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.
Health
2.-
(1) Complete Trees
(a) The trees shall not show symptoms of any virus disease.
(b) The trees shall be healthy. They shall not be lacking in vigour, or affected by any pest or disease.
(2) Scion or bud wood
Scion or bud wood shall be the produce either of a tree of the variety growing on its own roots or of a tree of the variety which satisfies the requirements set out in paragraph 2(1)(a) and (b) above.
PART XIII
Pear Rootstocks
Quantity
1. Twenty-five well-rooted rootstocks of not less than 7 mm. in diameter selected from the stool or layer bed shall be delivered.
Health
2.-
(a) The rootstocks shall not show symptoms of any virus disease.
(b) The rootstocks shall be healthy. They shall not be lacking in vigour or affected by any pests or diseases.
PART XIVPlums and Damsons
Quantity
1. Three trees on St. Julien A rootstocks shall be delivered. The trees shall not be less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.
Health
2.-
(1) Complete Trees
(a) The trees shall not show symptoms of any virus disease.
(b) The trees shall be healthy. They shall not be lacking in vigour or affected by any pest or disease.
(2) Scion or bud wood
Scion or bud wood shall be the produce of a healthy tree of the variety which satisfies the requirements set out in paragraph 2(1)(a) and (b) above.
PART XV
Plum and Damson Rootstocks
Quantity
1. Twenty-five well-rooted rootstocks of not less than 7 mm. in diameter selected from the stool or layer bed shall be delivered.
Health
2.-
(a) The rootstocks shall not show symptoms of any virus disease.
(b) The rootstocks shall be healthy. They shall not be lacking in vigour or affected by any pests or diseases.
PART XVI
Cherries
Quantity
1. Three trees on F12/1 rootstocks shall be delivered. The trees shall be not less than two and not more than three years old.
Health
2.-
(a) The trees shall not show symptoms of any virus disease.
(b) The trees shall be healthy. They shall not be lacking in vigour or affected by bacterial canker or other pests or disease.
PART XVII
Cherry Rootstocks
Quantity
1. Twenty-five well-rooted rootstocks of not less than 7 mm. in diameter selected from the stool or layer bed shall be delivered.
Health
2.-
(a) The rootstocks shall not show symptoms of any virus disease.
(b) The rootstocks shall be healthy. They shall not be lacking in vigour or affected by bacterial canker or other pests or disease.
PART XVIII
Black currants
Quantity
Twelve visually healthy two-year-old bushes shall be delivered.
PART XIX
Raspberries
Quantity
Twenty-five visually healthy canes shall be delivered.
PART XX
Strawberries
Quantity
Fifty visually healthy runners shall be delivered.
PART XXI
Rhubarb
Quantity
1. Four plants of the parent stock sufficient to provide 12 single bud roots shall be delivered.
Health
2. The plant material shall be visibly healthy and shall not be lacking in vigour or affected by pests or diseases.
PART XXII
Hops
Quantity
1. Six one year bedded sets shall be delivered.
Health
2.-
(a) The sets shall not show symptoms of any virus disease.
(b) The sets shall be healthy. They shall not be lacking in vigour or affected by pests or disease.
PART XXIII
Carnations
Quantity
(1) Border carnations and pinks
Nine visually healthy young plants, typical of the variety shall be delivered.
(2) Perpetual flowering carnations
Seventy-five unrooted, visually healthy cuttings, each furnished with at least four but not more than five clearly visible internodes, shall be delivered.
PART XXIV
Perennial Chrysanthemums
Quantity
(1) Year round varieties
Fifty visually healthy cuttings of normal commercial standard shall be delivered.
(2) Other varieties
Twenty-five visually healthy cuttings of normal commercial standard shall be delivered.
PART XXV
Dahlias
Quantity
Four plants of each disbudded variety and seven plants of each dwarf bedding variety shall be delivered. The plants shall be typical of the variety and young, visually healthy, green plants.
PART XXVI
Perennial Delphiniums
Quantity
Four visually healthy, well-rooted cuttings, typical of the variety, shall be delivered.
PART XXVII
Freesias
Quantity
Twenty-five visually healthy corms of flowering size, typical of the variety, shall be delivered.
PART XXVIII
Gladioli
Quantity
Twelve visually healthy corms of flowering size, typical of the variety, shall be delivered each year.
PART XXIX
Narcissi
Quantity
Twenty-five visually healthy single nosed bulbs, typical of the variety, shall be delivered.
PART XXX
Rhododendrons
Quantity
(1) Varieties to be flowered outdoors
Three plants each with at least three flower buds shall be delivered.
(2) Pot plant varieties
Thirty plants, twice pinched, shall be delivered.
PART XXXI
Roses
Quantity
In the case of a bush or shrub variety six trees, and in the case of a climbing variety two trees shall be delivered. The trees shall be first quality visually healthy maiden trees typical of the variety. If the Controller is satisfied that maiden trees cannot be supplied, two-year-old trees may be delivered.
PART XXXII
Herbaceous Perennials
Quantity
Four visually healthy vegetatively reproduced plants typical of the variety each one year old, shall be delivered.
PART XXXIII
Conifers and Taxads
Quantity
Four visually healthy vegetatively reproduced trees or shrubs typical of the variety, each at least two but not more than five years old, shall be delivered.
PART XXXIV
Trees, Shrubs and Woody Climbers
Quantity
There shall be delivered, in the numbers indicated in respect of varieties of the genera or species specified below, visually healthy, vegetatively reproduced trees, shrubs, or woody climbers, as the case may be, typical of the variety and each at least two but not more than four years old.
Genera or species |
Number of trees shrubs or woody climbers to be delivered |
Calluna Salisb. |
12 |
|
Daboecia D. Don |
12 |
|
Erica carnea L., Erica ciliaris L.,
Erica cinerea L., Erica x darleyensis Bean, Erica mackaiana Bab., Erica mediterranea Hort., Erica x praegeri Ostenf., Erica tetralix L., Erica vagans L., Erica x watsonii Benth., Erica williamsii Druce |
12 |
|
Erica arborea L., Erica australis L.,
Erica lusitanica Rudolfi, Erica scoparia L., Erica terminalis Salisb., Erica x veitchii Bean |
4 |
|
Menziesia Sm. |
4 |
|
Andromeda L. |
3 |
|
Arctostaphylos Adans. |
3 |
|
Buxus L. |
3 |
|
Caryopteris Bunge |
3 |
|
Cassiope D. Don |
3 |
|
Ceratostigma Bunge excluding C. plumbaginoides Bunge |
3 |
|
x Gaulnettya W. J. Marchant |
3 |
|
Gaultheria Kalm ex L. |
3 |
|
Helianthemum Mill. |
3 |
|
Lavandula L. |
3 |
|
Pernettya Gaudich |
3 |
|
Ruta L. |
3 |
|
Salvia officinalis L. |
3 |
|
Sarcococca Lindl. excluding S. saligna Muell. |
3 |
|
Teucrium fruticans L. |
3 |
|
Vaccinium L. excluding V. corymbosum L. |
3 |
|
Vinca major L. |
3 |
|
Vinca minor L. |
3 |
|
All others not specified above |
2 |
|
PART XXXV
Cymbidiums
Quantity
One mature plant in full flower shall be delivered.
PART XXXVI
Pelargoniums
Quantity
Ten rooted or unrooted cuttings shall be delivered.
PART XXXVII
Streptocarpus
Quantity
Five full grown plants shall be delivered.
PART XXXVIII
Lilies
Quantity
Ten visually healthy bulbs of flowering size shall be delivered.
11964 c. 14.
61972 c. 68.
71889 c. 63.