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Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001

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Duties on receiving notifications and additional information

14.—(1) The competent authority shall examine a notification submitted under regulation 9(1), 10(1), 11(1) or 12(1) for—

(a)conformity with the requirements of these Regulations;

(b)the accuracy and completeness of the information provided;

(c)the correctness of the assessment carried out pursuant to regulation 6(1) or 7(1) and submitted to the competent authority with the notification;

(d)the adequacy of the waste management and emergency response measures submitted with the notification; and

(e)in the case of a notification submitted under regulation 10(1) or regulation 11(1), the correctness of the class assigned to the activity involving genetic modification of micro-organisms.

(2) For the purpose of carrying out an examination of a notification in accordance with paragraph (1), the Executive may in writing request the notifier to provide such additional information relating to the notification as it may specify, and, in such a case, when so requested by the Executive, the notifier shall not begin nor, subject to paragraph (3), continue, as the case may be, the activity involving genetic modification until the competent authority has given its approval in writing.

(3) Where the person who submitted a notification pursuant to regulation 9(1), 10(1), or 12(1) has commenced the activity involving genetic modification before the Executive requests additional information in accordance with paragraph (2)—

(a)the Executive may give to that person instructions concerning the cessation of the activity involving genetic modification;

(b)that person shall comply with any such instructions;

(c)subject to any such instructions, that person shall continue the activity involving genetic modification only to the extent necessary in order to store or destroy all genetically modified organisms resulting from the activity since its commencement.

(4) If requested to do so by the Department of the Environment, the Executive shall request additional information under paragraph (2).

(5) Within 10 working days, the Executive shall acknowledge receipt of all additional information provided in response to a request made by the Executive under paragraph (2).

(6) The period of time between the date when the Executive requests additional information in accordance with paragraph (2) and the date when the Executive receives that additional information shall not be taken into account in calculating the period of days referred to in regulations 10(4), 10(6), 11(3), 11(4) or 12(4), as the case may be.

(7) Where—

(a)a notifier under regulation 9(1) has not commenced any activity involving genetic modification, or a notifier under regulation 10(1), 11(1) or 12(1), has not commenced the activity relating to genetic modification to which his notification relates; and

(b)the Executive requests additional information pursuant to paragraph (2); and

(c)the notifier in question does not provide that information within a period of six months of the date on which the Executive sent the request,

the competent authority may return the notification to that notifier.

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