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The Genetically Modified Organisms (Northern Ireland) Order 1991

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Onus of proof as regards techniques and evidence

16.—(1) In any proceedings for either of the following offences, that is to say—

(a)an offence under Article 15(1)(c) consisting in a failure to comply with the general condition implied by Article 9(4)(c) or (5)(c); or

(b)an offence under Article 15(1)(d) consisting in a failure to comply with Article 6(3)(c) or (4)(c);

it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or comply with that Article.

(2) Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.

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