Registered Plant Breeders' Rights (Bailiwick of Guernsey) (Amendment) Ordinance, 2016

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The Registered Plant Breeders' Rights (Bailiwick of Guernsey) (Amendment) Ordinance, 2016

THE STATES, in pursuance of their Resolution of the 27th November, 2002[a], and in exercise of the powers conferred on them by sections 1 and 3 of the Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004[b], sections 1 and 4 of the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994[c], and all other powers enabling them in that behalf, hereby order: –

Amendment of 2007 Ordinance.

1. (1) Immediately after section 18(8) of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007[d], insert –

"(8A) A person who –

(a) in response to a request made pursuant to regulations made under subsection (7) –

(i) intentionally fails to provide information,

(ii) refuses to provide information, or

(iii) knowingly or recklessly provides false information, or

(b) without reasonable excuse, contravenes or fails to comply with regulations made under subsection (7)(b),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the uniform scale."

Interpretation.

2. (1) In this Ordinance -

"enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation,

"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance.

(2) The Interpretation (Guernsey) Law, 1948[e] applies to the interpretation of this Ordinance throughout the Bailiwick of Guernsey.

(3) Any reference in this Ordinance to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.

Extent.

3. This Ordinance has effect throughout the Bailiwick of Guernsey.

Citation.

4. This Ordinance may be cited as the Registered Plant Breeders' Rights (Bailiwick of Guernsey) (Amendment) Ordinance, 2016.

[a]	Article XIX of Billet d'État No. XXIII of 2002.
[b]	Order in Council No. XIV of 2004.
[c]	Ordres en Conseil Vol. XXXV(1), p. 65.
[d]	Ordinance No. IV of 2005; as amended by Order in Council No. XIV of 2012.
[e]	Ordres en Conseil Vol. XIII, p. 355.