The Genetically Modified Organisms (Contained Use) Regulations 1992

Notification of individual activities involving genetic modification

9.—(1) Subject to the following paragraphs of this regulation and regulation 10, no person shall undertake any activity involving genetic modification unless he has notified the Executive of his intention to do so at least 60 days in advance or before such shorter time as the Executive may approve and has furnished the particulars specified in the following paragraphs of this regulation and, except in the case of an activity to which paragraph (5) applies, the activity may be commenced after the expiry of the relevant period if by then the Executive has not objected in writing.

(2) In the case of an activity which is—

(a) a Type A operation involving only micro-organisms classified as Group I; or

(b) an activity involving genetically modified organisms other than micro-organisms and which satisfy the criteria set out in Part III of Schedule 2,

it shall be a sufficient compliance with paragraph (1) if the person undertaking the activity keeps a record of such activities and forthwith after the end of each calendar year notifies the Executive—

(i) of the total number of risk assessments under regulation 7 undertaken during that year;

(ii) where appropriate, that he is intending to continue to undertake such activities; and

(iii) that the information notified to the Executive in accordance with regulation 8 remains correct.

(3) In the case of an activity which is a Type B operation involving only microorganisms classified as Group I, the specified particulars for the purposes of paragraph (1) shall be those specified in Part I of Schedule 5.

(4) In the case of an activity which is—

(a) a Type A operation involving genetically modified micro-organisms classified as Group II; or

(b) an activity involving genetically modified organisms other than micro-organisms and which do not satisfy the criteria set out in Part III of Schedule 2,

the specified particulars for the purposes of paragraph (1) shall be those specified in Parts I and II of Schedule 5.

(5) In the case of an activity which is a Type B operation involving genetically modified micro-organisms classified as Group II, the specified particulars for the purposes of paragraph (1) shall be those specified in Parts I, II and III of Schedule 5 and the activity shall only be commenced with the consent of the Executive.

(6) In any case in which a consent is required under paragraph (5), the Executive shall communicate its decision on the application in writing within 90 days after the application was received.

(7) The Executive may accept as a single notification a connected programme of work covering more than one activity involving genetic modification at one site, or a single activity carried on by the same person at more than one site.