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The Genetically Modified Organisms (Northern Ireland) Order 1991
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Purpose of Order and meaning of “genetically modified organisms” and related expressionsN.I.
3.—[F1(1) This Order has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms.]
F1(2) In this Order the term “organism” means any acellular, unicellular or multicellular entity (in any form), other than humans or human embryos; and the term also includes any article or substance consisting of or including biological matter.
(3) For the purpose of paragraph (2) “biological matter” means anything (other than an entity mentioned in that paragraph) which consists of or includes—
(a)tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or
(b)genes or other genetic material, in any form, which are so capable,
and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism.
(4) For the purposes of this Order an organism is “genetically modified” if any of the genes or other genetic material in the organism—
[F1(a)have been artificially modified, or]
F1(b)are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.
[F1(4A) Genes or other genetic material in an organism are "artificially modified" for the purposes of paragraph (4) if they are altered otherwise than by a process which occurs naturally in mating or natural recombination.
This paragraph is subject to paragraphs (4B) and (4C).
(4B) For the purposes of paragraph (4)—
(a)genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this sub-paragraph;
(b)genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this sub-paragraph.
(4C) An organism shall be taken not to be a genetically modified organism for the purposes of this Order if it is an organism of a prescribed description.
(4D) In paragraphs (4B) and (4C) “prescribed” means prescribed by regulations made by the Department.]
F1Paras. (5), (6) rep. by SR 2003/167
(7) In this Order, a reference to “reproduction”, in relation to an organism, includes a reference to its replication or its transferring genetic material.
F1SR 2003/167
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