4.—(1) Paragraphs (2) to (11) have effect for the interpretation of this Order.
[F1(2) The “environment” includes land, air and water and living organisms supported by any of those media.]
F1(3) “Damage to the environment” is caused by the presence in the environment of genetically modified organisms which have (or of a single such organism which has) escaped or been released from a person's control and are (or is) capable of causing harmF1....
(4) An organism shall be regarded as present in the environment notwithstanding that it is present in or on any human or other organism, or any other thing, which is itself present in the environment.
(5) Genetically modified organisms present in the environment are capable of causing harm if—
(a)they are individually capable, or are present in numbers such that together they are capable, of causing harm; or
(b)they are able to produce descendants which will be capable, or which will be present in numbers such that together they will be capable, of causing harm;
and a single organism is capable of causing harm either if it is itself capable of causing harm or if it is able to produce descendants which will be so capable.
[F1(6) “Harm” means any adverse effects as regards the health of humans or the environment.]
F1(7) “Harmful” and “harmless” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm.
(8) The Department may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that—
(a)the capacity of those organisms for causing harm of any description so specified, or
(b)harm of any description so specified,
shall be disregarded for such purposes of this Order as may be so specified.
[F1(9) Organisms of any description are under the “control” of a person where he keeps them contained by measures designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm.]
F1(10) An organism under a person's control is “released” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “escapes” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment.
[F1(11) Genetically modified organisms of any description are “marketed” by a person when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.F1]
F1SR 2003/167