- Latest available (Revised)
- Original (As made)
The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002
You are here:
- Scottish Statutory Instruments
- 2002 No. 541
- PART V
- Regulation 31
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 31:
- reg. 31 substituted by S.S.I. 2019/57 reg. 3(20)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Pt. 6A inserted by S.S.I. 2019/86 reg. 16
- Sch. 1 para. 6(4)(a)(i) word substituted by S.S.I. 2023/374 Sch. 2 para. 2(4)
- Sch. 1 para. 6(4)(b)(i) word substituted by S.S.I. 2023/374 Sch. 2 para. 2(5)
- sch. 1 para. 6(4)(a)(ii) words inserted by S.S.I. 2022/361 reg. 14(2)(ii)
- sch. 1 para. 6(4)(a)(i) words substituted by S.S.I. 2022/361 reg. 14(2)(i)
- sch. 2 para. 42 words substituted by S.S.I. 2019/57 reg. 3(25)(c)
- sch. 2 para. 43 words substituted by S.S.I. 2019/57 reg. 3(25)(c)
- sch. 2 para. 46 words substituted by S.S.I. 2019/57 reg. 3(25)(c)
- sch. 2 para. 53 words substituted by S.S.I. 2019/57 reg. 3(25)(d)
- sch. 2 para. 54(h)(i) words substituted by S.S.I. 2019/57 reg. 3(25)(e)(i)
- sch. 2 para. 54(h)(ii) words substituted by S.S.I. 2019/57 reg. 3(25)(e)(ii)
- sch. 5A inserted by S.S.I. 2019/57 sch. 2
- reg. 11(1)(a)(aa) substituted for reg. 11(1)(a) by S.S.I. 2019/86 reg. 4
- reg. 15(1) reg. 15 renumbered as reg. 15(1) by S.S.I. 2019/86 reg. 7(a)
- reg. 15(1) word omitted by S.S.I. 2019/57 reg. 2(5)(b)(ii)
- reg. 15(1) word substituted by S.S.I. 2019/57 reg. 2(5)(a)
- reg. 15(1) words omitted by S.S.I. 2019/57 reg. 2(5)(b)(i)
- reg. 15(1) words substituted by S.S.I. 2019/57 reg. 2(5)(c)
- reg. 15(1)(a) words inserted by S.S.I. 2019/57 reg. 3(6)(a)(i)
- reg. 15(1)(a) words substituted by S.S.I. 2019/57 reg. 2(5)(d)(i)
- reg. 15(1)(a) words substituted by S.S.I. 2019/57 reg. 2(5)(d)(ii)
- reg. 15(1)(b) words substituted by S.S.I. 2019/57 reg. 3(6)(a)(iii)
- reg. 15(1)(c) omitted by S.S.I. 2019/57 reg. 3(6)(a)(iv)
- reg. 15(1)(d) word inserted by S.S.I. 2019/57 reg. 3(6)(a)(v)
- reg. 15(1)(e) substituted by S.S.I. 2019/57 reg. 3(6)(a)(vi)
- reg. 15(1)(e) word inserted by S.S.I. 2019/86 reg. 7(c)
- reg. 15(1)(e) words substituted by S.S.I. 2019/86 reg. 7(b)
- reg. 15(1)(f) and word omitted by S.S.I. 2019/86 reg. 7(d)
- reg. 15(1)(g) omitted by S.S.I. 2019/57 reg. 3(6)(a)(vii)
- reg. 15(1)(aa) inserted by S.S.I. 2019/57 reg. 3(6)(a)(ii)
- reg. 15(2) inserted by S.S.I. 2019/86 reg. 7(e)
- reg. 15(2) substituted by S.S.I. 2019/57 reg. 3(6)(b)
- reg. 16(2)(a)-(ab) substituted for reg. 16(2)(a) by S.S.I. 2019/86 reg. 8
- reg. 24(7)-(11) inserted by S.S.I. 2019/86 reg. 10(d)
- reg. 24(7) words substituted by S.S.I. 2019/57 reg. 2(6)(b)
- reg. 24(9) words substituted by S.S.I. 2019/57 reg. 2(6)(c)
- reg. 26(5)-(8) inserted by S.S.I. 2019/86 reg. 11
- reg. 26(5) substituted by S.S.I. 2019/57 reg. 3(13)(b)
- reg. 26(5) words substituted by S.S.I. 2019/57 reg. 2(8)(b)
- reg. 26(6) words substituted by S.S.I. 2019/57 reg. 2(8)(c)
- reg. 26(7) substituted for reg. 26(7)(8) by S.S.I. 2019/57 reg. 3(13)(c)
- reg. 26A 26B inserted by S.S.I. 2019/86 reg. 12
- reg. 26A substituted by S.S.I. 2019/57 reg. 3(14)
- reg. 26A(1) words substituted by S.S.I. 2019/57 reg. 2(9)
- reg. 26B substituted by S.S.I. 2019/57 reg. 3(15)
- reg. 26B(1) substituted by S.S.I. 2019/57 reg. 2(10)
- reg. 29A 29B inserted by S.S.I. 2019/86 reg. 13
- reg. 29A(1) words omitted by S.S.I. 2019/57 reg. 3(17)(a)(iii)
- reg. 29A(1)(a) word substituted by S.S.I. 2019/57 reg. 2(11)(a)(i)
- reg. 29A(1)(a) words substituted by S.S.I. 2019/57 reg. 2(11)(a)(ii)
- reg. 29A(1)(b) words substituted by S.S.I. 2019/57 reg. 3(17)(a)(i)
- reg. 29A(1)(c) full stop substituted for comma by S.S.I. 2019/57 reg. 3(17)(a)(ii)
- reg. 29A(2) omitted by S.S.I. 2019/57 reg. 3(17)(b)
- reg. 29A(3)(a) words substituted by S.S.I. 2019/57 reg. 2(11)(b)(i)
- reg. 29A(3)(b) word substituted by S.S.I. 2019/57 reg. 2(11)(b)(ii)
- reg. 29A(3)(c) word inserted by S.S.I. 2019/57 reg. 3(17)(c)
- reg. 29A(5) word inserted by S.S.I. 2019/57 reg. 3(17)(d)(ii)
- reg. 29A(5) word substituted by S.S.I. 2019/57 reg. 3(17)(d)(i)
- reg. 29A(6) word substituted by S.S.I. 2019/57 reg. 3(17)(e)
- reg. 29A(6) words inserted by S.S.I. 2019/57 reg. 2(11)(c)
- reg. 29A(7) words inserted by S.S.I. 2019/57 reg. 2(11)(d)
- reg. 29A(7)(a)(v) words omitted by S.S.I. 2019/57 reg. 3(17)(f)(i)
- reg. 29A(7)(b) word inserted by S.S.I. 2019/57 reg. 3(17)(f)(ii)
- reg. 29A(7)(b) word substituted by S.S.I. 2023/374 Sch. 2 para. 2(2)
- reg. 29A(7)(e) word substituted by S.S.I. 2023/374 Sch. 2 para. 2(3)
- reg. 29A(7)(e) words substituted by S.S.I. 2019/57 reg. 3(17)(f)(iii)
- reg. 29A(9)(a) omitted by S.S.I. 2019/57 reg. 3(17)(g)
- reg. 29A(11) words substituted by S.S.I. 2019/57 reg. 2(11)(e)
- reg. 29A(11) words substituted by S.S.I. 2019/57 reg. 3(17)(h)
- reg. 29A(12)(a) word inserted by S.S.I. 2019/57 reg. 2(11)(f)(i)
- reg. 29A(12)(a) words inserted by S.S.I. 2019/57 reg. 2(11)(f)(ii)
- reg. 29A(12)(a) words omitted by S.S.I. 2019/57 reg. 3(17)(i)
- reg. 29B(1)(a) words inserted by S.S.I. 2019/57 reg. 2(12)(a)(i)
- reg. 29B(1)(a) words inserted by S.S.I. 2019/57 reg. 2(12)(a)(ii)
- reg. 29B(1)(a) words substituted by S.S.I. 2019/57 reg. 2(12)(a)(iii)
- reg. 29B(1)(b) words inserted by S.S.I. 2019/57 reg. 2(12)(b)
- reg. 29B(1)(c) words substituted by S.S.I. 2019/57 reg. 3(18)(a)
- reg. 29B(2) words substituted by S.S.I. 2019/57 reg. 3(18)(b)
- reg. 30A inserted by S.S.I. 2019/86 reg. 14
- reg. 30A(1)(a)(i) word omitted by S.S.I. 2019/57 reg. 2(13)(a)(i)(bb)
- reg. 30A(1)(a)(i) word substituted by S.S.I. 2019/57 reg. 2(13)(a)(i)(aa)
- reg. 30A(1)(a)(i) words omitted by S.S.I. 2019/57 reg. 3(19)
- reg. 30A(1)(a)(iii) inserted by S.S.I. 2019/57 reg. 2(13)(a)(iii)
- reg. 30A(1)(a)(ii) word inserted by S.S.I. 2019/57 reg. 2(13)(a)(ii)
- reg. 30A(1)(b) words substituted by S.S.I. 2019/57 reg. 2(13)(b)(i)
- reg. 30A(1)(b) words substituted by S.S.I. 2019/57 reg. 2(13)(b)(ii)
- reg. 30A(1)(c) words substituted by S.S.I. 2019/57 reg. 2(13)(c)
- reg. 30A(1)(d) words substituted by S.S.I. 2019/57 reg. 2(13)(d)
- reg. 32B(1)(d) words substituted by S.S.I. 2019/57 reg. 2(14)(a)(i)
- reg. 32B(1)(d) words substituted by S.S.I. 2019/57 reg. 2(14)(a)(ii)
- reg. 32B(1)(e) words substituted by S.S.I. 2019/57 reg. 2(14)(b)
- reg. 34(3)(i) inserted by S.S.I. 2019/57 reg. 3(22)(a)(iii)
- reg. 34(3A) inserted by S.S.I. 2019/57 reg. 3(22)(b)
- reg. 34(7A) inserted by S.S.I. 2019/57 reg. 3(22)(d)
- reg. 35(3A) inserted by S.S.I. 2019/57 reg. 3(23)(b)
- reg. 35(7A) inserted by S.S.I. 2019/57 reg. 3(23)(c)
New information on risks of damage from marketing genetically modified organismsS
31.—(1) The Scottish Ministers shall ensure that any new information which becomes available to them which they consider could have consequences for the risks of damage being caused to the environment by marketing the genetically modified organisms shall be forwarded immediately to the Commission and the competent authority of each Member State.
(2) Where an application for consent or for renewal of consent to market genetically modified organisms has been made to the Scottish Ministers and the information referred to in paragraph (1) becomes available to them before the application has been determined, the Scottish Ministers may arrange to seek agreement with the Commission and the other Member States pursuant to Articles 15(1) or 17(7) of the Deliberate Release Directive as applicable.
(3) Subject to paragraph (4), where an application for consent or for renewal of consent to market genetically modified organisms has been made to the Scottish Ministers and the information referred to in paragraph (1) becomes available to them after the consent has been granted or renewed, the Scottish Ministers shall within sixty days after receipt of the new information, ensure that there is forwarded to the Commission an assessment report prepared in accordance with Schedule 5 indicating whether the conditions of the consent should be varied and if so, how, or whether the consent should be revoked.
(4) The Scottish Ministers shall not arrange for an assessment report to be forwarded if that assessment report indicates that the consent to market genetically modified organisms as it relates to the protection of human health should be varied or revoked without the agreement of the Health and Safety Executive.
(5) Where the Scottish Ministers have indicated that the consent should be varied or revoked and either–
(a)no reasoned objection has been raised by a Member State or by the Commission during a sixty day period beginning on the day the Commission circulated the assessment report; or
(b)a reasoned objection has been raised by a Member State or by the Commission but all outstanding issues have been resolved in accordance with Article 20(3) of the Deliberate Release Directive,
they shall vary or revoke the consent as proposed and they shall inform the applicant, and ensure that the other Member States and the Commission are informed, that they have done so within thirty days of the sixty day period specified in subparagraph (a) or of the resolution referred to in subparagraph (b), as the case may be.
(6) The Scottish Ministers shall only vary or revoke a consent to market genetically modified organisms under section 111(10) of the Act–
(a)where the information referred to in paragraph (1) has become available to them and the procedure referred to in paragraphs (3) and (5) has been complied with; or
(b)in accordance with a decision adopted by the Commission under Articles 18(1) or 23(2) of the Deliberate Release Directive.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
You have chosen to open The Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Instrument as a PDF
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.