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

PART VI S SAFEGUARD

Safeguard S

32.—(1) The Scottish Ministers may serve a prohibition notice under section 110 of the Act to prohibit an act which is authorised by a consent granted [F1 by them under section 111(1) of the Act] [F2 , by an authorisation under the Food and Feed Regulation, or by a consent granted in respect of a pre-exit approved product,] only if their opinion that doing such an act would involve a risk of causing damage to the environment is based on detailed grounds as the result of either–

(a) new or additional information made available since the date of the consent which affects the environmental risk assessment in respect of that product; or

(b) a reassessment of existing information in respect of that product on the basis of new or additional scientific information.

(2) Where, in the circumstances described in paragraph (1), the Scottish Ministers consider that the risk of damage being caused to the environment is severe they shall serve a prohibition notice requiring such measures to be taken as they may consider appropriate and once any work required by the notice has been carried out they shall enter details of that work on the register.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) References in this regulation to the Scottish Ministers exercising a function under section 110 of the Act shall, in any case to which section 126(3) (requirement to act jointly with [F4 Food Standards Scotland]) of the Act applies, be treated as references to the Scottish Ministers and [F4 Food Standards Scotland] acting jointly.

Textual Amendments

F1 Words in reg. 32(1) inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 15

F2 Words in reg. 32(1) substituted (31.12.2020) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 32(3)-(5) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(b), 3(21)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 32(6) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 8