E1C1C2Part VI Genetically Modified Organisms
Pt. VI (ss. 106-127): transfer of functions (16.2.2000) by S.I. 2000/253, art. 2, Sch. 1
Pt. VI (ss. 106-127) modified (E.) (temp. from 17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 5(3), 39
Pt. VI (ss. 106-127) modified (S.) (temp. from 5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 5(3)
Pt. VI (ss. 106-127) modified (W.) (temp. from 31.12.2002) by Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 6(3)
Enforcement powers and offences
I1119 Onus of proof as regards techniques and evidence.
1
In any proceedings for either of the following offences, that is to say—
a
an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(4)(c) or (5)(c) above; or
b
an offence under section 118(1)(d) above consisting in a failure to comply with section 109(3)(c) or (4)(c) above;
it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or to comply with that section.
2
Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.
Pt VI: for extent of this Part see s. 164(4) below.