PART V GENERAL PROVISION FOR CONSENTS

General conditions on consents to release or market genetically modified organisms29

1

Section 112 of the Act (consents: limitations and conditions) is amended as follows.

2

In subsection (1) (power of Scottish Ministers to impose limitations and conditions) at the end insert “ for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the activity permitted by the consent ”.

3

In subsection (5) (implied condition when releasing or marketing)–

a

in paragraph (b) (obligation to notify Scottish Ministers of new information etc.)–

i

before the word “of” where it appears for the second time insert “ forthwith ”;

ii

omit subparagraph (ii); and

iii

after that subparagraph insert–

iii

any unforeseen event, occurring in connection with a release by him, which might affect the risks there are of damage to the environment being caused as a result of their being released;

b

for paragraph (c) (duty as regards preventing damage to environment) substitute–

c

take such measures as are necessary to prevent damage to the environment being caused as a result of the release, or, as the case may be, the marketing of the organisms;

and

c

after that paragraph insert–

d

notify the Scottish Ministers forthwith of the measures (if any) taken as a result of new information becoming available or an unforeseen event occurring as described in paragraph (b)(iii); and

e

in a case where new information becomes available or an unforeseen event so occurs, revise the information contained in his application for a consent accordingly and supply the revised information to the Scottish Ministers in such form and manner as they may specify.