The Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2002

5.  After regulation 23, there shall be inserted the following regulation, namely—

“Confidentiality in the interests of national security

23A— (1) There shall be kept confidential any information referred to in regulations 22(3) and 23(3) if, and so long as, the Secretary of State is of the opinion that such information should be kept confidential in the interests of national security.

(2) Where the Secretary of State is of the opinion that information referred to in regulation 22(3) should be kept confidential in the interests of national security, that information shall not be disclosed except—

(a) to the extent necessary to evaluate the notification in question; and

(b) to the European Commission.

(3) Where the Secretary of State is of the opinion that information referred to in regulation 23(3) should be kept confidential in the interests of national security, that information shall not be disclosed except to the extent necessary to enable the competent authority to comply with its obligations under regulation 21(2).

(4) A person may give written notice to the Secretary of State—

(a) specifying information which appears to that person to be information to which paragraph (1) may apply; and

(b) indicating its apparent nature.

(5) If a person gives a written notice pursuant to paragraph (4), at the same time he shall give written notice to the competent authority that he has done so.

(6) Subject to paragraph (7), no information notified pursuant to paragraph (4) shall be disclosed until the Secretary of State has determined that it should not be kept confidential in the interests of national security.

(7) Information notified pursuant to paragraph (4) may be disclosed before the Secretary of State has made the determination referred to in paragraph (6)—

(a) in the case of information referred to in regulation 22(3)—

(i) to the extent necessary to evaluate the notification in question, and

(ii) to the European Commission;

(b) in the case of information referred to in regulation 23(3), to the extent necessary to enable the competent authority to comply with its obligations under regulation 21(2).

(8) A person who receives information by virtue of paragraphs (2)(a), (3), (7)(a)(i) or (7)(b) shall not use that information except for the purposes of the competent authority.”.