The Genetic Manipulation Regulations 1989

Explanatory Note

This note is not part of the Regulations)

1.  These Regulations supersede the Health and Safety (Genetic Manipulation) Regulations 1978 which they revoke.

2.  The terms used in the Regulations including “genetic manipulation”, “activities involving genetic manipulation” and “intentional introduction into the environment” are defined in regulation 2.

3.  By regulations 3 and 4 the meaning of the word “work” for the purposes of these Regulations and Part I of the Health and Safety at Work etc. Act 1974 is extended to include an activity involving genetic manipulation and, in relation to such activities, section 3(2) of that Act (general duties of employers and self-employed persons to persons other than their employees) is modified to have effect as if the reference in that subsection to a self-employed person includes a reference to any person who is not an employer or an employee.

4.  By regulation 5 no person may undertake an activity involving genetic manipulation unless he has notified the Health and Safety Executive of his intention to do so at least 30 days in advance, or in the case of an intentional introduction into the environment, at least 90 days in advance. The details that are required to be notified are specified in Schedules 2 and 3.

5.  Regulation 5 also provides for a simplified notification procedure for activities which are assessed to create a low risk (regulation 5(4) and (5) and Schedule 4) and provide exemption for certain other activities (regulation 5(6)).

6.  By regulation 6, for the purpose of making a notification of an activity involving genetic manipulation, the person carrying out the activity is required to make a risk assessment of that activity by a method that has been approved by the Health and Safety Executive. The regulation also requires him to establish a committee for the purpose of advising him in relation to the assessment.

7.  These Regulations are applied to certain activities outside Great Britain (regulation 7) and provide for exemptions to be granted by the Health and Safety Executive (regulation 8).

8.  In addition to revoking the Health and Safety (Genetic Manipulation) Regulations 1978, regulation 9 provides that after their revocation notifications which had been made under them shall have effect for the purposes of regulation 5(1) (although notifications of individual activities will still have to be made if they commence on or after the coming into force of these Regulations).

9.  Copies of the method approved by the Health and Safety Executive for the risk assessment of activities involving genetic manipulation are obtainable from the Health and Safety Executive, Baynards House, 1 Chepstow Place, London W2 4TF.