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The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002
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- Scottish Statutory Instruments
- 2002 No. 541
- PART IV
- Regulation 26
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Decisions by the Scottish Ministers on applications for renewals of consents to marketS
26.—[F1(1) The Scottish Ministers must not grant a renewal of consent under section 111(1) of the Act to market genetically modified organisms as it relates to the protection of human health without the agreement of the Health and Safety Executive.]
[F2(2) The Scottish Ministers must communicate a decision on an application to renew a consent to market genetically modified organisms to the applicant as soon as possible and must include in any refusal of consent the reasons for the decision.]
(3) The renewed consent to market genetically modified organisms shall be given for ten years unless the Scottish Ministers consider that a shorter or longer period is justified, in which case they shall give their reasons therefor in writing.
(4) The applicant may continue to market the genetically modified organisms [F3in accordance with the limitations and conditions included the existing marketing consent] until a final decision has been taken on the application.
[F4[F5(5) A renewed consent to market genetically modified organisms granted by the Scottish Ministers under section 111(1) of the Act may include such limitations or conditions as they consider appropriate to restrict or prohibit the cultivation of the genetically modified organisms in all or any part of Scotland.]
(6) The Scottish Ministers may, [F6where any such consent includes a limitation or condition referred to in paragraph (5), vary the consent to remove or modify the limitation or condition].
[F7(7) The Scottish Ministers must inform the holder of the renewed consent of any variation under paragraph (6).]]
Textual Amendments
F1Reg. 26(1) substituted (31.12.2020) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 26(2) substituted (31.12.2020) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 26(4) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(8)(a)
F4Reg. 26(5) substituted (31.12.2020) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(13)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Reg. 26(5)-(8) inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 11
F6Words in reg. 26(6) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(8)(c)
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