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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

1

These Regulations implement as regards Great Britain Council Directive 90/219/ EEC (OJ No. L117, 8.5.90, p.1) on the contained use of genetically modified microorganisms. The Regulations supersede the Genetic Manipulation Regulations 1989 (“the 1989 Regulations”) insofar as those Regulations related to the contained use of genetically modified organisms. Those parts of the 1989 Regulations which related to the deliberate release of genetically modified organisms will be superseded by Regulations to be made by the Department of the Environment. The 1989 Regulations are revoked by these Regulations.

2

These Regulations have effect with a view to protecting persons and the environment from risks arising from activities involving the contained use of genetically modified organisms.

Part I (Interpretation and general — Regulations 1 to 5)

3

In addition to defining the terms used and the scope of the Regulations, this Part extends the meaning of “work” in Part I of the Health and Safety at Work etc. Act 1974 to include any activity involving the contained use of genetically modified organisms.

Part II (Notification of and consent for activities involving genetic modification — Regulations 6 to 11)

4

This Part of the Regulations prohibits the use of premises for activities involving the contained use of genetically modified organisms for the first time and also individual activities involving the contained use of those organisms unless a suitable risk assessment has been made. Provision is also made for prior notification of such first use of premises or individual activities to the Health and Safety Executive (“the Executive”) and in certain specified cases the first use of premises for the activity concerned can only be commenced with the Executive’s consent.

5

This Part also provides for the establishment of a genetic modification safety committee to advise the notifier in relation to any risk assessment required under the Regulations.

Part III (Conduct of activities involving genetic modification — Regulations 12 to 14)

6

The regulations in this Part specify standards of occupational and environmental safety required for the conduct of activities involving the contained use of genetically modified organisms and the preparation of emergency plans where in the case of an accident there is a foreseeable risk to the health of persons outside the premises in which the activity is carried on or to the environment. Notification is also required to the Executive where an accident occurs.

Part IV (Disclosure of information notified and publicity — Regulations 15 and 16)

7

This Part specifies the circumstances in which information provided to the Executive is to be disclosed and also provides for a public register of notifications requiring consent to be kept.

Part V (Additional duties placed on the Executive — Regulations 17 to 19)

8

The regulations in this Part impose duties on the Executive to examine notifications received and send particulars notified to the Secretary of State for the Environment. The Executive is also required to send to the European Commission reports of notifications for which a consent is required.

Part VI (Miscellaneous and general — Regulations 20 to 25)

9

This Part provides for, in certain circumstances, exemptions from the Regulations to be granted by the Executive, for enforcement and for fees to be charged by the Executive in relation to notifications. It also contains transitional provisions relating to notifications made under the 1989 Regulations so that they continue to have effect and extends the provisions of the Regulations to offshore.