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Genetic Technology (Precision Breeding) Act 2023

Contents

Part 5: General

39: Fees

  1. This section sets out provisions regarding fees.
  2. Subsection (1) is a power to enable regulations to be made which make provision for a fee to be made payable, in respect of the exercise of certain functions, to the appropriate authority as defined in subsection (2).
  3. Subsection (3) sets out the information relating to the payment of fees that must be included within regulations made under powers granted in this section.
  4. Subsection (4) relates to the desirability of, as far as possible, setting fees that are equal to the cost of providing the function.
  5. Subsection (5) confirms that regulations relating to this subsection will subject to the draft affirmative procedure.

40: Notices and documents

  1. This section provides for the Secretary of State to make regulations in respect of how a notice or other document is issued or confirmed as being received under this part.
  2. Subsection (2) confirms that regulations brought forward under this section will be subject to the negative procedure.

41: Consequential amendment of the Environmental Protection Act 1990

  1. This section makes consequential amendments to the Environmental Protection Act 1990.
  2. Subsection (2) inserts a new section (106A) into the Environmental Protection Act 1990 in order to exclude precision bred organisms from Part VI of the Act as it applies in relation to England and describes the circumstances where this subsection applies.
  3. Subsection (3) inserts into section 124(1) of the Environmental Protection Act 1990, which establishes an advisory committee, a cross-reference to the additional functions of that committee provided for under this Act.

42: Powers to make Consequential Provision

  1. This section sets out further powers for consequential provisions in connection with any provision of or made under this Act. Subsection (1) gives powers to make supplementary, incidental and consequential provisions by regulations, which could be used to modify primary legislation, retained direct EU legislation or subordinate legislation. (See sections 43 and 44 for additional details).
  2. Subsection (3) provides that regulations made under these powers will be subject to the draft affirmative procedure if they contain provision modifying primary legislation.
  3. Subsection (4) provides that other regulations made under these powers will be subject to the negative procedure.

43: Regulations

  1. Subsection (1) states this section relates to all regulations made under this Act, apart from the commencement regulations
  2. Subsections (2) to (3) provide that regulations made under this Act are to be made by statutory instrument and may make transitional, transitory or saving provisions; and that different provision may be made for different purposes or areas.
  3. Subsection (4) provides for regulations made under the draft affirmative procedure to be laid before and approved by a resolution of each House of Parliament before they are made.
  4. Subsection (5) provides what is meant by "the negative resolution procedure" in relation to regulations made under this Act.
  5. Subsection (6) provides that regulations made under the negative procedure may be made subject to the draft affirmative procedure.

44: Interpretation

  1. This provision defines various terms used for the purposes of this Act.

45: Financial provisions

  1. This section provides that any expenditure incurred under or by virtue of this Act by the Secretary of State or by the Food Standards Agency, and any sums payable out of money so provided under any other Act are to be paid out of money provided by Parliament.

46: Crown application

  1. Subsection (1) provides for the Act to apply to the Crown.  
  2. Subsection (2) provides the Secretary of State with power to certify on grounds of national security that powers of entry may not be exercised in respect of certain Crown premises. 
  3. Subsection (3) defines "Crown premises" for the purpose of this Act.
  4. Subsection (4) provides an exemption to powers of entry in relation to His Majesty’s private estates and subsection (5) notes that his private estates are defined in the Crown Private Estates Act 1862.

47: Extent and application to sea areas

  1. Section 47 establishes the extent and territorial applications of various Parts of this Act.

48: Short title and Commencement

  1. Subsection (1) provides that the title for this Act will be "Genetic Technology (Precision Breeding) Act 2023".
  2. Subsection (2) to (5) provide that Parts 1 and 5 (except sections 39-41) come into force on Royal Assent, as do regulation making powers under the Act. In other respects, the Act comes into force as appointed by commencement regulations.
  3. Subsections (6) to (8) enable the Secretary of State, by regulations, to make provisions in connection with the coming into force of the provisions of the Act and provide for such regulations to be made by statutory instrument. Commencement regulations under this section are not subject to Parliamentary procedure.

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