The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002

Decisions by the National Assembly for Wales on applications for consent to release E+W

22.—(1) The National Assembly for Wales shall not grant a consent to release genetically modified organisms under section 111(1) of the Act as it relates to the protection of human health without the agreement of the Health and Safety Executive M1 .

[F1 (2) the National Assembly for Wales shall not grant or refuse consent to release genetically modified organisms before the end of the period specified for representations in accordance with regulations 21(b) and (f) above and, if any comments referred to in regulation 21(f) are received within that period, before it has considered those comments.]

(3) The National Assembly for Wales shall communicate its decision on an application for a consent to release genetically modified organisms to the applicant F2 ... before the end of a period of 90 days beginning with the day on which the application was received and shall include in any refusal of consent the reasons for the decision.

(4) The period prescribed in paragraph (3) shall not include—

(a) any period beginning with the day on which the National Assembly for Wales gives notice in writing under section 111(6) of the Act that further information in respect of the application is required and ending on the day on which that information is received by the National Assembly for Wales, or

(b) a period of time during which the National Assembly for Wales is considering representations submitted by any persons in accordance with regulation 21(b), provided that this consideration shall not prolong the 90 day period referred to in paragraph (3) by more than 30 days.

(5) A consent to release genetically modified organisms shall require the applicant to send any information which might be relevant to assessing the risk of damage being caused to the environment, with, where appropriate, particular reference to any product which it is intended to market in the future, to the National Assembly for Wales after completion of the release and thereafter, at such intervals as the National Assembly for Wales shall consider appropriate on the basis of the results of the environmental risk assessment.

[F3 (6) Information submitted in accordance with paragraph (5) must be provided in the format set out in the Annex to Commission Decision 2003/701/EC.]

Textual Amendments

F1 Reg. 22(2) substituted (15.7.2005) by The Genetically Modified Organisms (Deliberate Release) (Wales) (Amendment) Regulations 2005 (S.I. 2005/1913), regs. 1, 2(5)

F2 Words in reg. 22(3) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1492), regs. 1(3), 2(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 22(6) substituted (31.12.2020) by The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1492), regs. 1(3), 2(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 See section 10 of the Health and Safety at Work etc. Act 1974 (c.37).