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

General conditions in consents to release or market genetically modified organisms E+W

30.—(1) The amendments of section 112 of the Act (consents: limitations and conditions) made by the Genetically Modified Organisms (Deliberate Release) Regulations 2002 have effect in relation to Wales as follows.

(2) The amendment of subsection (1) made by regulation 29(2) of those Regulations, which inserts at the end of that subsection “ for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the activity permitted by the consent ”, also has effect in relation to Wales.

(3) The amendments of subsection (5) made by regulation 29(3)(a) and (b) of those Regulations, as described in paragraph (4), also have effect in relation to Wales.

(4) The amendments referred to in paragraph (3) are—

(a) in subsection (5)(b)—

(i) after “Secretary of State” insert “ forthwith ”,

(ii) omit sub-paragraph (ii), and

(iii) after that sub-paragraph insert—

“(iii) any unforeseen event, occurring in connection with a release by him, which might affect the risks there are of damage to the environment being caused as a result of their being released;”,

and

(b) substitute for subsection (5)(c)—

“(c) take such measures as are necessary to prevent damage to the environment being caused as a result of the release or, as the case may be, the marketing of the organisms;”.

(5) The amendment of subsection (5) made by regulation 29(3)(c) of those Regulations, which inserts paragraphs (d) and (e), is modified by paragraph (6) and, as so modified, also has effect in relation to Wales.

(6) In paragraphs (d) and (e), as inserted by that regulation, after “the Secretary of State”, in both places where it occurs, insert “ or, in relation to Wales, the National Assembly for Wales ”.

(7) The text of paragraphs (d) and (e) of subsection (5), as inserted by that regulation and modified by paragraph (6), is—

“(d) notify the Secretary of State or, in relation to Wales, the National Assembly for Wales of the measures (if any) taken as a result of new information becoming available or an unforeseen event occurring as described in paragraph (b) (iii) above; and

(e) in a case where new information becomes available or an unforeseen event so occurs, revise the information contained in his application for a consent accordingly and supply the revised information to the Secretary of State or, in relation to Wales, the National Assembly for Wales.”.