Section 58 Pathogens and toxins in relation to which requirements under Part 7 applyC3

(1)

Schedule 5 (which lists the pathogens and toxins in relation to which the requirements of this Part apply) has effect.

(2)

The Secretary of State may by order modify any provision of Schedule 5 (including the notes).

(3)

The Secretary of State may not add any pathogen or toxin to that Schedule unless he is satisfied that the pathogen or toxin could be used in an act of terrorism to endanger life or cause serious harm to human health.

(4)

In this Part “dangerous substance” means—

C1(a)

anything which consists of or includes a substance for the time being mentioned in Schedule 5; or

C2(b)

anything which is infected with or otherwise carries any such substance.

(5)

But something otherwise falling within subsection (4) is not to be regarded as a dangerous substance if—

(a)

it satisfies prescribed conditions; or

(b)

it is kept or used in prescribed circumstances.

Annotations

Modifications

C1: S. 58(4)(a) modified (31.5.2002) by The Security of Pathogens and Toxins (Exceptions to Dangerous Substances) Regulations 2002 (S.I. 2002/1281), reg. 2(1)
C2: S. 58(4)(b) modified (31.5.2002) by The Security of Pathogens and Toxins (Exceptions to Dangerous Substances) Regulations 2002 (S.I. 2002/1281), reg. 3(1)
C3: Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.