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PART IGENERAL

Capacity of organisms for causing harm

4.—(1) For the purposes of sections 110(1), 112(5)(1) and (7)(a) and 117(1) of the Act there shall be disregarded—

(a)the capacity of genetically modified organisms of the description specified in paragraph (2) for causing harm of the description specified in paragraph (3), and

(b)harm, caused by genetically modified organisms of the description specified in paragraph (2), which is of the description specified in paragraph (3).

(2) The genetically modified organisms specified in this paragraph are genetically modified organisms which control—

(a)the number or activity (or both) of any organisms, or

(b)toxic wastes.

(3) The harm specified in this paragraph is harm caused to any organisms by genetically modified organisms which have been released or marketed in pursuance of and in accordance with—

(a)a consent granted by the Secretary of State under section 111(1) of the Act, or

(b)a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.

(1)

Section 112(5)is ammended by regulation 9 of these Regulations