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5.—(1) Subject to paragraphs (3) and (4), the cases and circumstances prescribed under section 111(1)(a) of the Act in relation to the release of any genetically modified organisms are any cases and circumstances other than the release of an approved product in accordance with the conditions and limitations to which the use of the product is subject.
(2) An application for a consent to release genetically modified organisms must be made in writing to the Secretary of State, and must be made either—
(a)for one or more releases of one or more descriptions of genetically modified organisms on the same site for the same purpose within a limited period, or
(b)for one or more releases of one description of genetically modified organisms on one or more sites for the same purpose within a limited period.
(3) Paragraph (1) shall not apply to a person who—
(a)has notified the Health and Safety Executive, under regulation 5(1)(a) of the Genetic Manipulation Regulations 1989(1), of his intention to carry out an activity involving an intentional introduction into the environment, and
(b)carries out the activity in accordance with that notification before 2nd May 1993.
(4) Paragraph (1) shall not apply to a person who releases a product which was marketed in the United Kingdom before 1st February 1993 and is not an approved product.
S.I. 1992/810
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