The Genetically Modified Organisms (Northern Ireland) Order 1991

Consents required by certain persons N.I.

8.—(1) Subject to paragraph (7), no person shall import or acquire, release or market any genetically modified organisms—

(a) in such cases as may be prescribed in relation to that act, or

(b) in any case where he has been given directions under Article 5(8)(a),

except in pursuance of a consent granted by the Department and in accordance with any limitations and conditions to which the consent is subject.

(2) Subject to paragraph (7), no person who has imported or acquired any genetically modified organisms (whether under a consent or not) shall continue to keep the organisms—

(a) in such cases as may be prescribed, after the end of the prescribed period, or

(b) if he has been given directions under Article 5(8)(b), after the date specified in the directions,

except in pursuance of a consent granted by the Department and in accordance with any limitations or conditions to which the consent is subject.

(3) A person who is required under paragraph (2) to cease keeping any genetically modified organisms shall dispose of them as quickly and safely as practicable.

(4) An application for a consent must contain such information and be made and advertised in such manner as may be prescribed and shall be accompanied by the fee required under Article 10.

(5) The applicant shall, in prescribed circumstances, give such notice of his application to such persons as may be prescribed.

(6) The Department may by notice to the applicant require him to furnish such further information specified in the notice, within such period as may be so specified, as it may require for the purpose of determining the application; and if the applicant fails to furnish the information within the specified period the Department may refuse to proceed with the application.

[F1 A notice under this paragraph must state the reasons for requiring the further information specified in the notice.]

F1 [F2 (6A) Where an applicant for consent for releasing or marketing genetically modified organisms becomes aware, before his application is either granted or rejected, of any new information with regard to any risks there are of damage to the environment being caused as a result of the organisms being released or marketed, he shall notify the Department of that new information forthwith.]

F2 (7) Regulations under this Article may provide for exemptions, or for the granting by the Department[F3 ,or by the Department and the Food Standards Agency acting jointly,]F3 of exemptions to particular persons or classes of person, from—

(a) any requirement under paragraph (1) or (2) to have a consent, or

(b) any of the requirements to be fulfilled under the regulations by an applicant for a consent.

(8) Where an application for a consent is duly made to it, the Department may grant the consent subject to such limitations and conditions as may be imposed under Article 9 or it may refuse the application.

(9) The conditions attached to a consent may include conditions which are to continue to have effect notwithstanding that the holder has completed or ceased the act or acts authorised by the consent.

(10) The Department may at any time, by notice given to the holder of a consent, revoke the consent or vary the consent (whether by attaching new limitations and conditions or by revoking or varying any limitations and conditions to which it is at that time subject).

(11) In this Article “prescribed” means prescribed in regulations under this Article.

F1 SR 2003/167

F2 SR 1994/144

F3 1999 c.28