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

Interpretation S

2.—(1) In these Regulations, unless the context otherwise requires–

• “the Act” means the Environmental Protection Act 1990 M1 ;

• “the Advisory Committee on Releases to the Environment” means the committee appointed for the purposes of, and in accordance with, section 124 of the Act;

• “antibiotic resistance markers” means genes employed in the modification of an organism to make that organism express resistance to a particular antibiotic or antibiotics;

• “application for consent to release” shall include any notification made under the First Simplified Procedure (crop plants) Decision;

• “approved product” means a product consisting of or including genetically modified organisms which is permitted to be marketed by a consent granted [F1 , by a person other than the Scottish Ministers,] under section 111(1) of the Act or otherwise in accordance with Article 15(3), 17(6) or 18(2) of the Deliberate Release Directive or Article 13(2) or (4) of the 1990 Directive;

• “the Commission” means the European Commission;

• “community council” means a community council constituted under section 51 of the Local Government (Scotland) Act 1973 M2 ;

• [F2 “the Contained Use Directive” means Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms,]

• [F3 “the Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and the Council on the deliberate release into the environment of genetically modified organisms [F4 , as last amended by Commission Directive (EU) 2018/350];]

• [F5 “1990 Directive” means Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms, as it had effect before it was repealed by Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC,]

• “electronic communication” has the same meaning as in the Electronic Communications Act 2000 M3 ;

• “environmental risk assessment” means the environmental risk assessment required to be contained in an application for consent to release or market genetically modified organisms by virtue of regulation 11(1)(c) and regulation 16(2)(c) respectively;

• [F6 “the First Simplified Procedure (crop plants) Decision” means Commission Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants pursuant to Article 6(5) of Council Directive 90/220/EEC,]

• [F7 “the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed,]

• [F8 “genetically modified feed” means–

  (a)

  feed containing or consisting of genetically modified organisms;

  (b)

  feed derived in whole or in part from, but not containing or consisting of genetically modified organisms; or

  (c)

  genetically modified organisms that may be used as feed or as a source material for the production of feed;]

• [F8 “genetically modified food” means–

  (a)

  food containing or consisting of genetically modified organisms;

  (b)

  food, or food containing ingredients, derived in whole or in part from genetically modified organisms, but not containing or consisting of genetically modified organisms; or

  (c)

  genetically modified organisms that may be used as food or as a source material for the production of food;]

• “[F9 Food Standards Scotland]” means [F9 Food Standards Scotland] established under section 1 of the Food Standards Act 1999 M4 ;

• “genetically modified organisms” means a genetically modified organism or a combination of genetically modified organisms;

• “the Health and Safety Executive” means the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974 M5 ;

• “higher plant” means a plant belonging to the taxonomic group Spermatophyta (Gymnospermae or Angiospermae);

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M6 ;

• “monitoring plan” means the plan required by regulation 16(2)(g);

• “the register” means the public register kept by the Scottish Ministers under section 122 of the Act;

• F10 ...

• “the 1992 Regulations” means the Genetically Modified Organisms (Deliberate Release) Regulations 1992 M7 .

(2) Expressions used in these Regulations have, unless the contrary intention appears, the meaning which they bear in Part VI of the Act and in regulations 8, 9, 14, 15, 33 and 34 the prescribing of cases, circumstances, descriptions and matters shall be treated as being cases, circumstances, descriptions and matters prescribed in accordance with and under the Act.

(3) In these Regulations, unless the context otherwise requires–

(a) any reference to a numbered regulation or to a numbered Schedule or to a numbered Part is a reference to the regulation or Schedule or Part in these Regulations so numbered; and

(b) a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule to which that reference occurs.

Textual Amendments

F1 Words in reg. 2(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), 3(a)

F2 Words in reg. 2(1) substituted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 3(b)

F3 Words in reg. 2 substituted (15.11.2004) by The Genetically Modified Organisms (Deliberate Release) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/439), regs. 1, 3(a)

F4 Words in reg. 2(1) substituted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 3(c)

F5 Words in reg. 2(1) substituted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 3(d)

F6 Words in reg. 2(1) substituted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 3(e)

F7 Words in reg. 2(1) substituted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 3(f)

F8 Words in reg. 2 inserted (15.11.2004) by The Genetically Modified Organisms (Deliberate Release) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/439), regs. 1, 3(b)

F9 Words in reg. 2(1) 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

F10 Words in reg. 2(1) omitted (15.3.2019) by virtue of The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 3(g)

Marginal Citations

M1 1990 c.43.

M2 1973 c.65.

M3 2000 c.7.

M4 1999 c.28.

M5 1974 c.37.

M6 1994 c.39.

M7 S.I. 1992/3280, as amended by S.I. 1993/152, 1995/304, 1997/1900 and 2000/2831.