Regulation 3 Purpose of the Order and meaning of expressions usedI1

Article 3 of the Order (purpose of Order and meaning of “genetically modified organisms” and related expressions) is amended as follows.

For paragraph (1) there shall be substituted –

“(1)

This Order has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms.”.

In paragraph (4) (definition of organism which is genetically modified) for sub-paragraph (a) (modification of prescribed artificial technique) there shall be substituted –

“(a)

have been artificially modified, or”.

After paragraph (4) insert –

“(4A)

Genes or other genetic material in an organism are “artificially modified” for the purposes of paragraph (4) if they are altered otherwise than by a process which occurs naturally in mating or natural recombination.

This paragraph is subject to paragraphs (4B) and (4C).

(4B)

For the purposes of paragraph (4) –

(a)

genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this sub-paragraph;

(b)

genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this sub-paragraph.

(4C)

An organism shall be taken not to be a genetically modified organism for the purposes of this Order if it is an organism of a prescribed description.

(4D)

In paragraphs (4B) and (4C) “prescribed” means prescribed by regulations made by the Department.”.

Paragraphs (5) and (6) are omitted.