Search Legislation

The Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005 (without Schedules)

 Help about opening options

Alternative versions:

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005 and shall come into force on 30th June 2005.

(2) These Regulations extend to Scotland only.

InterpretationS

2.—(1) In these Regulations–

the Council Regulation” means Regulation (EC) No. 1946/2003 F1 of the European Parliament and of the Council on transboundary movements of genetically modified organisms;

electronic communications” has the same meaning as in the Electronic Communications Act 2000 F2;

inspector” means a person appointed as such under regulation 4;

local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 F3;

specified Community provision” means any requirement specified in column 2 of Schedule 1 in relation to a provision of the Council Regulation referred to in column 1 of that Schedule.

(2) In these Regulations–

(a)expressions which are not defined in paragraph (1) and which appear in or are referred to in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation; and

(b)unless the context otherwise requires, any reference to a numbered article is a reference to the article so numbered in the Council Regulation.

F1O.J. No. L 287, 5.11.2003, p.1.

F22000 c. 7; the definition of electronic communications in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.

Competent authorityS

3.  The Scottish Ministers are designated as competent authority for the purpose of Article 17.

EnforcementS

4.—(1) It shall be the duty of Scottish Ministers to enforce and execute the provisions of these Regulations and the Council Regulation.

(2) The Scottish Ministers may, in any case or in cases of a particular description, direct that the duty referred to in paragraph (1) shall be discharged–

(a)by a local authority in its area and not by Scottish Ministers; or

(b)by a local authority in its area and Scottish Ministers acting jointly.

(3) The Scottish Ministers or a local authority may appoint as inspectors such persons as they or it consider necessary for the purpose of enforcing these Regulations and the Council Regulation.

(4) Any appointment of–

(a)an inspector under section 67(3) of the Agriculture Act 1970 F4;

(b)an authorised officer under section 5(6) of the Food Safety Act 1990 F5; or

(c)an inspector under Part VI of the Environmental Protection Act 1990 F6,

having effect at the coming into force of these Regulations has effect as if it were an appointment of that inspector or authorised officer as an inspector for the purpose of these Regulations.

Powers of inspectorsS

5.—(1) An inspector may, on production (if so required) of evidence of authority to do so, exercise any of the powers specified in Schedule 2 to these Regulations for the purposes of the enforcement of these Regulations and the Council Regulation.

(2) Those powers are exercisable in relation to any premises other than those (or any part of those) used wholly or mainly for domestic purposes.

Obtaining information from personsS

6.—(1) For any purpose of the enforcement and execution of these Regulations and the Council Regulation, the Scottish Ministers or a local authority may, by notice served on any person who appears to them–

(a)to be involved in the exportation of genetically modified organisms; or

(b)to be about to become, or to have been, involved in that activity,

require that person to furnish such relevant information available to that person as is specified in the notice, in such form and within such period following service of the notice as is so specified.

(2) For the purposes of this regulation “relevant information” means information concerning any aspects of the activity in question.

(3) Nothing in paragraph (1) authorises the Scottish Ministers or the local authority to require disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

OffencesS

7.—(1) It shall be an offence for a person–

(a)to contravene, or to fail to comply with, any specified Community provision;

(b)to obstruct an inspector in the exercise of a power conferred by regulation 5 and Schedule 2;

(c)without reasonable excuse to fail to comply with any requirement imposed under regulation 5 and Schedule 2, or regulation 6;

(d)knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with–

(i)any requirement imposed by the specified Community provisions; or

(ii)a requirement an inspector made for a purpose in connection with the execution or enforcement of these Regulations or the Council Regulation; or

(e)intentionally to make a false entry in any record required to be kept under the Council Regulation.

(2) It shall be a defence for a person charged with an offence under paragraph (1) to prove that that person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by that person or another person under that person's control.

Offences due to fault of another personS

8.  Where the commission by any person of an offence under regulation 7 is due to the act or default of some other person, that other person shall be guilty of the offence, and may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

Offences by bodies corporateS

9.—(1) Where an offence under these Regulations committed by a body corporate or a Scottish partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that person as well as the body corporate or the partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with the members' functions of management as if the member were a director of the body corporate.

Time limitsS

10.—(1) Proceedings for an offence under regulation 7 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to the knowledge of the prosecutor.

(2) No such proceedings shall be commenced by virtue of this regulation more than three years after the commission of the offence.

(3) For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient to warrant the proceedings came to the knowledge of the prosecutor shall be conclusive evidence of that fact.

(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

PenaltiesS

11.—(1) Any person who contravenes or fails to comply with any of the specified Community provisions contained in Part I of Schedule 1 to these Regulations shall be guilty of an offence and liable–

(a)on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both;

(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.

(2) Any person who contravenes or fails to comply with any of the specified Community provisions contained in Part II of Schedule 1 to these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

(3) A person guilty of an offence under sub-paragraphs (b), (c), (d) or (e) of regulation 7(1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

Service of noticesS

12.—(1) Any notice to be served on any person under these Regulations shall be in writing and notice may be served–

(a)by delivering it or by sending it by post to that person at that person's last known address;

(b)in the case of an body corporate, by delivering it or sending it by post to its secretary or clerk at its registered or principal office;

(c)in the case of a partnership, by delivering it or by sending it by post to the registered or principal office of the partnership;

(d)where that person has consented to receive such notices by electronic communications, by sending it by electronic communications to that person.

(2) Where a notice is to be served on the occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be served, or the premises are unoccupied, the notice may be served by addressing it to the person concerned by the description of “occupier” of the premises (naming them) and–

(a)by delivering it to some person on the premises; or

(b)if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

(3) Where a notice is served using electronic communications, the service is deemed to be effected by properly addressing and transmitting the electronic communication.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources