The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002

Changes over time for: Section 29A

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There are currently no known outstanding effects for the The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002, Section 29A.

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[F1Restrictions on cultivationS

29A.—(1) This regulation applies to—

(a)a consent [F2granted] by the Scottish Ministers under section 111(1) of the Act (including a renewed consent [F3granted under that section in accordance with] regulation 26),

(b)[F4a pre-exit] approved product, or

(c)an authorisation under the Food and Feed Regulation [F5.]

F6...

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Scottish Ministers may, in the circumstances prescribed in paragraph (7), do any of the following—

(a)include [F8such limitations and conditions in the consent or renewed consent as they consider appropriate to restrict or prohibit the cultivation of genetically modified organisms in all or any part of Scotland],

(b)issue a suspension notice in respect of [F9the] consent or renewed consent,

(c)issue a suspension notice in respect of the [F10pre-exit] approved product, or

(d)issue a suspension notice in respect of the authorisation under the Food and Feed Regulation.

(4) The effect of a suspension notice issued under paragraph (3)(b) is to suspend the operation of the consent in respect of the cultivation of a genetically modified organism for all or a specified geographical area of Scotland.

(5) The effect of a suspension notice issued under paragraph (3)(c) is to suspend, so far as it applies to the requirement in section 111(1)(a) of the Act for all or a specified geographical area of Scotland, the operation of the exemption in regulation [F1115(aa)] (exempt activities), in respect of the cultivation of a specified [F12pre-exit] approved product.

(6) The effect of a suspension notice issued under paragraph (3)(d) is to suspend, so far as it applies to the requirement in section 111(1)(a) of the Act for all or a specified geographical area of Scotland, the operation of the exemption in regulation [F1315(a)], in respect of the cultivation of genetically modified food or [F14genetically modified] feed authorised under the Food and Feed Regulation.

(7) The prescribed circumstances are that the Scottish Ministers are of the view that it is necessary to restrict [F15or, as the case may be, prohibit] the cultivation of a genetically modified organism, or a group of genetically modified organisms, on the basis of compelling grounds that—

(a)may include one or more of the following—

(i)environmental policy objectives,

(ii)town and country planning,

(iii)land use,

(iv)socio-economic impacts,

(v)the avoidance of the presence of genetically modified organisms in other products F16...,

(vi)agricultural policy objectives,

(vii)subject to paragraph (8), public policy,

(b)are in conformity with [F17assimilated] law,

(c)are proportional,

(d)are non-discriminatory, and

(e)do not conflict with the environmental risk assessment carried out pursuant to [F18[F19assimilated] law on the deliberate release into the environment of genetically modified organisms (including the Food and Feed Regulation)].

(8) Public policy can only be relied upon in combination with at least one other ground included in sub-paragraph (a)(i) to (vi) of paragraph (7).

(9) Before taking any of the actions in paragraph (3), the Scottish Ministers must—

F20(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where they consider appropriate, in the case of a notice served under regulation 29A(3)(d), notify Food Standards Scotland, and

(c)make the reasons for the decision to take those actions available to the public.

(10) A condition or suspension notice under paragraph (3) must not take effect until the expiry of the period of 75 days starting on the date of the notification under paragraph (9).

(11) The Scottish Ministers may amend a [F21limitation or condition referred to in paragraph (3)(a), or a suspension notice issued under paragraph (3)(b), (c) or (d),] to take account of [F22any comments they receive] prior to its coming into force.

(12) The Scottish Ministers must—

(a)communicate the [F23limitation,] condition or suspension notice [F24, as the case may be,] to F25... the consent or authorisation holder without delay, and

(b)make details of the condition or suspension notice available to the public.]

Textual Amendments

F1Regs. 29A, 29B 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), 13

F2Word in reg. 29A(1)(a) 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(11)(a)(i)

F3Words in reg. 29A(1)(a) 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(11)(a)(ii)

F4Words in reg. 29A(1)(b) 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(17)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5Reg. 29A(1)(c): full stop substituted for comma (31.12.2020) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(17)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in reg. 29A(1) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(17)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F7Reg. 29A(2) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in reg. 29A(3)(a) 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(11)(b)(i)

F9Word in reg. 29A(3)(b) 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(11)(b)(ii)

F10Word in reg. 29A(3)(c) inserted (31.12.2020) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(17)(c); 2020 c. 1, Sch. 5 para. 1(1)