Genetically Modified Organisms (Deliberate Release) Regulations 2002

Duties of the Secretary of State in relation to applications for consent to market

23.—(1) Following receipt of an application for consent to market genetically modified organisms the Secretary of State shall—

(a) inform the applicant in writing of the date of receipt of the application,

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) examine the application for its conformity with the requirements of the Act and of these Regulations and, if necessary, request the applicant to supply additional information,

(d) before the end of a period of 90 days beginning with the day on which she received the application either—

(i) send to the applicant an assessment report prepared in accordance with Schedule 4 which indicates that the genetically modified organisms should be permitted to be marketed and under which conditions, or

(ii) refuse the application, stating reasons for her decision, supported by an assessment report prepared in accordance with Schedule 4 which indicates that the genetically modified organisms should not be marketed[F2 .]

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The 90 day [F5 period] prescribed in [F6 paragraph (1)] shall not include any period beginning with the day on which the Secretary of State gives notice in writing under section 111(6) of the Act that further information in respect of the application is required and ending on the day on which that information is received by the Secretary of State.

[F7 (4) Where the assessment report referred to in paragraph (1)(d) indicates that the genetically modified organisms to which an application relates should be permitted to be marketed, the Secretary of State must invite any person, by means of a request placed on the register, to make representations on the assessment report, which must be received by the Secretary of State within a period of 30 days beginning with the day on which the request is placed on the register (which must not be earlier than the day on which the assessment report is placed on the register under regulation 35(7A)).]

Textual Amendments

F1 Reg. 23(1)(b) omitted (31.12.2020) by virtue of The Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759), regs. 1(b), 9(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 23(1)(d)(ii) substituted (31.12.2020) by The Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759), regs. 1(b), 9(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 23(1)(e) omitted (31.12.2020) by virtue of The Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759), regs. 1(b), 9(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 23(2) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/88), regs. 1(2)(b), 3(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 23(3) substituted (31.12.2020) by The Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759), regs. 1(b), 9(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 23(3) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/88), regs. 1(2)(b), 3(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 23(4) substituted (31.12.2020) by The Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759), regs. 1(b), 9(2)(c); 2020 c. 1, Sch. 5 para. 1(1)