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Amendment of section 8 of Principal Act.
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9.—Section 8 of the Principal Act is hereby amended by—
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(a) the substitution in subsection (1) of “satisfies him that, in relation to the public interest,” for “satisfies him that”,
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(b) the deletion in subsection (1) of “referred to in section 4(5)(d) of this Act,”, and
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(c) the deletion in subsection (2) of “(the name of which variety stands for the time being entered in the register)” and “by a holder”,
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and the said subsections (1) and (2), as so amended, are set out in the Table to this section.
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TABLE
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(1) Subject to the provisions of this section, if any person applies to the Controller and satisfies him that, in relation to the public interest, a holder has unreasonably refused to grant to the applicant an authorisation or, in granting or offering to grant such an authorisation, has imposed or put forward terms which are either unreasonable or contrary to the public interest, the Controller shall, if he is satisfied that the applicant is in a position, and intends, to exercise rights in a competent manner which would be conferred by such an authorisation, grant to the person in the form of a licence any such rights as respects the relevant plant variety as might have been granted by the holder.
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(2) Subject to the provisions of this section, if any person satisfies him that it is in the public interest that a particular plant variety specified by the person has been distributed in a manner which is not in the public interest or that such a plant variety should be widely distributed, or that it is otherwise in the public interest to do so, the Controller shall grant to the person in the form of a licence any rights as respects that variety as may be granted by the relevant holder.
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