Genetically Modified Organisms (Deliberate Release) Regulations 2002

Duties of the Secretary of State on receiving applications for renewal of consent to market

25.—(1) On receipt of an application for renewal of consent to market genetically modified organisms the Secretary of State shall—

(a) inform the applicant in writing of the date of receipt of the application,

(b) examine the application for its conformity with the requirements of the Act and of these Regulations and, if necessary, request the applicant to supply additional information,

(c) either—

(i) send to the applicant an assessment report prepared in accordance with Schedule 4 which indicates that the genetically modified organisms should continue to be permitted to be marketed and under which conditions, or

(ii) refuse the application, stating reasons for her decision, supported by an assessment report which indicates that the genetically modified organisms should not continue to be marketed,

(d) forward to the Commission a copy of the application and her assessment report.

(2) Where the Secretary of State intends to submit to the Commission an assessment report which indicates that the genetically modified organisms to which an application relates should be permitted to be marketed, she shall first consult the Health and Safety Executive and shall not forward her favourable opinion on the application as it relates to the protection of human health where the Health and Safety Executive has informed her that it does not fulfil the requirements of the Act and of these Regulations.