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Environmental Protection Act 1990
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Changes over time for: Section 106
Status:
There are multiple versions of this provision on screen. These apply to different geographical extents.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Changes to legislation:
Environmental Protection Act 1990, Section 106 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 106:
- s. 33(10A) inserted by 2024 asp 13 s. 20(2)(a)
- s. 33A(10)(a) words in s. 33A(10) renumbered as s. 33A(10)(a) by 2024 asp 13 s. 11(2)(a)
- s. 33A(10)(a) words substituted by 2024 asp 13 s. 11(2)(b)
- s. 33A(10)(b) inserted by 2024 asp 13 s. 11(2)(c)
- s. 33ZB(10A) inserted by 2021 c. 30 s. 69(3)(b)
- s. 34(6A) inserted by 2024 asp 13 s. 20(2)(b)
- s. 34ZB(8A) inserted by 2021 c. 30 s. 69(5)(b)
- s. 34ZC inserted by 2024 asp 13 s. 14(3)
- s. 44ZA(2)(aa) inserted by 2024 asp 13 s. 16(3)(c)
- s. 44ZZA inserted by 2024 asp 13 s. 16(2)
- s. 46ZA-46ZE inserted by 2024 asp 13 s. 15(2)
- s. 47B inserted by 2024 asp 13 s. 17(2)
- s. 59(1A) inserted by 2024 asp 13 s. 12(1)(a)
- s. 59(10)-(13) inserted by 2024 asp 13 s. 12(1)(e)
- s. 71A inserted by 2024 asp 13 s. 13(2)
- s. 88C 88D inserted by 2024 asp 13 s. 18(2)
- s. 106A inserted by 2023 c. 6 s. 41(2)
- s. 140(10A)-(10D) inserted by 2024 asp 13 s. 21(2)
- s. 153(1)(z10) inserted by S.S.I. 2024/371 art. 2
- s. 161(2AA)(2AB) inserted by 2016 anaw 3 s. 69(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(10A) inserted by 2024 asp 13 s. 20(2)(a)
- s. 33A(10)(a) words in s. 33A(10) renumbered as s. 33A(10)(a) by 2024 asp 13 s. 11(2)(a)
- s. 33A(10)(a) words substituted by 2024 asp 13 s. 11(2)(b)
- s. 33A(10)(b) inserted by 2024 asp 13 s. 11(2)(c)
- s. 33ZB(10A) inserted by 2021 c. 30 s. 69(3)(b)
- s. 34(6A) inserted by 2024 asp 13 s. 20(2)(b)
- s. 34ZB(8A) inserted by 2021 c. 30 s. 69(5)(b)
- s. 34ZC inserted by 2024 asp 13 s. 14(3)
- s. 44ZA(2)(aa) inserted by 2024 asp 13 s. 16(3)(c)
- s. 44ZZA inserted by 2024 asp 13 s. 16(2)
- s. 46ZA-46ZE inserted by 2024 asp 13 s. 15(2)
- s. 47B inserted by 2024 asp 13 s. 17(2)
- s. 59(1A) inserted by 2024 asp 13 s. 12(1)(a)
- s. 59(10)-(13) inserted by 2024 asp 13 s. 12(1)(e)
- s. 71A inserted by 2024 asp 13 s. 13(2)
- s. 88C 88D inserted by 2024 asp 13 s. 18(2)
- s. 106A inserted by 2023 c. 6 s. 41(2)
- s. 140(10A)-(10D) inserted by 2024 asp 13 s. 21(2)
- s. 153(1)(z10) inserted by S.S.I. 2024/371 art. 2
- s. 161(2AA)(2AB) inserted by 2016 anaw 3 s. 69(4)
106 Purpose of Part VI and meaning of “genetically modified organisms” and related expressions.E+W
[F1(1)This Part has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms.]
(2)In this Part the term “organism” means any acellular, unicellular or multicellular entity (in any form), other than humans [F2, human embryos or human admixed embryos] ; and, unless the context otherwise requires, the term also includes any article or substance consisting of or including biological matter.
(3)For the purpose of subsection (2) above “biological matter” means anything (other than an entity mentioned in that subsection) which consists of or includes—
(a)tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or
(b)genes or other genetic material, in any form, which are so capable,
and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism.
[F3(3A)For the purposes of subsection (2) above—
(a)“human embryo” means an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and
(b)“human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.]
(4)For the purposes of this Part an organism is “genetically modified” if any of the genes or other genetic material in the organism—
[F4(a)have been artificially modified, or]
(b)are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.
[F5(4A)Genes or other genetic material in an organism are “artificially modified” for the purposes of subsection (4) above if they are altered otherwise than by a process which occurs naturally in mating or natural recombination.
This subsection is subject to subsections (4B) and (4C) below.
(4B)For the purposes of subsection (4) above—
(a)genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this paragraph;
(b)genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this paragraph.
(4C)An organism shall be taken not to be a genetically modified organism for the purposes of this Part if it is an organism of a prescribed description.
(4D)In subsections (4B) and (4C) above “prescribed” means prescribed by regulations made by the Secretary of State [F6or, in relation to Wales, the National Assembly for Wales].]
(5)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this Part, where the context permits, a reference to “reproduction”, in relation to an organism, includes a reference to its replication or its transferring genetic material.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 106(1) substituted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 3(2) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 4(1)(2)
F2Words in s. 106(2) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 60(2), 68; S.I. 2009/2232, art. 2
F3S. 106(3A) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 60(3), 68; S.I. 2009/2232, art. 2
F4S. 106(4)(a) substituted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 3(3) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 4(1)(3)
F5S. 106(4A)-(4D) inserted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 3(4) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 4(1)(4) (as modified by reg. 4(5))
F6Words in s. 106(4D) inserted (W.) (31.12.2002) by Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 4(5)
F7S. 106(5)(6) omitted (E.) (17.10.2002) by virtue of Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 3(5) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 4(1)(7)
Modifications etc. (not altering text)
C3S. 106(4) modified (E.) (temp. from 17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 5(1)(2)
C4S. 106(4) modified (W.) (temp. from 31.12.2002) by Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 6(1)(2)
Commencement Information
I1S. 106 wholly in force at 1.2.1993; s. 106 not in force at Royal Assent see s. 164(2)(3); s. 106(4)(5) in force 1.4.1991 see S.I. 1991/1042, art. 2; s. 106(1)-(3)(6)(7) in force at 1.2.1993 see S.I. 1992/3253, art. 3.
106 Purpose of Part VI and meaning of “genetically modified organisms” and related expressions.S
[F8(1)This Part has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms.]
(2)In this Part the term “organism” means any acellular, unicellular or multicellular entity (in any form), other than humans [F2, human embryos or human admixed embryos] ; and, unless the context otherwise requires, the term also includes any article or substance consisting of or including biological matter.
(3)For the purpose of subsection (2) above “biological matter” means anything (other than an entity mentioned in that subsection) which consists of or includes—
(a)tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or
(b)genes or other genetic material, in any form, which are so capable,
and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism.
[F3(3A)For the purposes of subsection (2) above—
(a)“human embryo” means an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and
(b)“human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.]
(4)For the purposes of this Part [F9, subject to subsection (4C) below,] an organism is “genetically modified” if any of the genes or other genetic material in the organism—
[F10(a)have been artificially modified, or]
(b)are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.
[F11(4A)subject to subsections (4B) and (4C) below, genes or other genetic material in an organism are “artificially modified” for the purposes of subsection (4) above if they are altered otherwise than by a process which occurs naturally in mating or natural recombination.
(4B)For the purposes of subsection (4) above–
(a)genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this paragraph;
(b)genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this paragraph.
(4C)An organism shall be taken not to be a genetically modified organism for the purposes of this Part if it is an organism of a prescribed description.
(4D)In subsections (4B) and (4C) above, “prescribed” means prescribed by regulations made by the Scottish Ministers.]
(5)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this Part, where the context permits, a reference to “reproduction”, in relation to an organism, includes a reference to its replication or its transferring genetic material.
Extent Information
E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F2Words in s. 106(2) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 60(2), 68; S.I. 2009/2232, art. 2
F3S. 106(3A) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 60(3), 68; S.I. 2009/2232, art. 2
F8S. 106(1) substituted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 3(2)
F9Words in s. 106(4) inserted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 3(3)(a)
F10S. 106(4)(a) substituted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 3(3)(b)
F11S. 106(4A)-(4D) inserted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 3(4)
F12S. 106(5)(6) omitted (S.) (5.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 3(5)
Modifications etc. (not altering text)
C5S. 106(4) modified (S.) (temp. from 5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 5(1)(2)
Commencement Information
I1S. 106 wholly in force at 1.2.1993; s. 106 not in force at Royal Assent see s. 164(2)(3); s. 106(4)(5) in force 1.4.1991 see S.I. 1991/1042, art. 2; s. 106(1)-(3)(6)(7) in force at 1.2.1993 see S.I. 1992/3253, art. 3.
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