OpenLegislation

Section 17 Restrictions on importation and acquisition of precision bred organisms in EnglandI1I2

England and Wales

(1)

Regulations may make provision for requiring a person to carry out an environmental risk assessment before—

(a)

importing a precision bred organism where its destination is in England;

(b)

acquiring a precision bred organism which is in England.

(2)

In subsection (1), an “environmental risk assessment” means an assessment of the risks of damage to the environment being caused as result of the person importing or acquiring the organism.

(3)

Regulations under subsection (1) may, in particular, make provision—

(a)

prescribing how risk assessments are to be carried out;

(b)

prescribing matters which must be taken into account, investigated or assessed by persons carrying out risk assessments;

(c)

requiring risk assessments to be kept under review;

(d)

requiring records to be kept of risk assessments and for those records to be provided to the Secretary of State.

(4)

Provision that may be made by virtue of subsection (3) includes provision requiring persons carrying out risk assessments to obtain advice from prescribed persons.

(5)

For the purposes of this section—

(a)

“acquire”, in relation to precision bred organisms, includes any method by which such organisms may come to be in a person’s possession, other than by their being imported;

(b)

“damage to the environment” is caused by the presence in the environment of a precision bred organism which is no longer under anyone’s control (see section 3(2)) and is capable of causing adverse effects as regards the health of humans or the environment.

(6)

Regulations under this section are subject to the negative procedure.

Annotations

Commencement

I1

S. 17 in force at Royal Assent for specified purposes, see s. 48(3)(a)

I2

S. 17 in force at 13.11.2025 for specified purposes by S.I. 2025/575, reg. 2(2)(c)