- 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 VI
- Regulation 32
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 32:
- reg. 32(1) words inserted by S.S.I. 2019/86 reg. 15
- reg. 32(1) words substituted by S.S.I. 2019/57 reg. 3(21)(a)
- reg. 32(3)-(5) omitted by S.S.I. 2019/57 reg. 3(21)(b)
- reg. 32(6) words substituted by S.S.I. 2015/100 art. 2 Sch. para. 8
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)
SafeguardS
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 in respect of an 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.
(3) In cases to which paragraphs (1) and (2) apply, the Scottish Ministers shall ensure that the Commission and the other Member States are immediately informed of the Scottish Ministers’ actions and that at the same time–
(a)the reasons for taking such actions;
(b)the results of the review by the Scottish Ministers of the environmental risk assessment;
(c)the opinion of the Scottish Ministers as to whether the conditions of the consent should be varied, and, if so, how, or whether the consent should be revoked; and
(d)where appropriate, the new information on which their decision to take action was based,
are provided to the Commission and the other Member States.
(4) A prohibition notice served under section 110 of the Act in accordance with this regulation shall be subject to any decision adopted by the Commission in accordance with Article 23(2) of the Deliberate Release Directive.
(5) Upon receipt of notification of a decision by the Commission to which paragraph (4) refers, the Scottish Ministers shall send a copy of it to the holder of the consent to which the decision relates and shall at the same time withdraw any prohibition notice which is inconsistent with that decision.
(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 the Food Standards Agency) of the Act applies, be treated as references to the Scottish Ministers and the Food Standards Agency acting jointly.
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.