8 For the Notes there is substituted—

“Notes
1 Any reference in this Schedule to a micro-organism includes:
(a) intact micro-organisms;
(b) micro-organisms which have been genetically modified by any means, but retain the ability to cause serious harm to human health;
(c) any nucleic acid deriving from a micro-organism listed in this Schedule (synthetic or naturally derived, contiguous or fragmented, in host chromosomes or in expression vectors) that can encode infectious or replication competent forms of any of the listed micro-organisms;
(d) any nucleic acid sequence derived from the micro-organism which when inserted into any other living organism alters or enhances that organism’s ability to cause serious harm to human health.
2 Any reference in this Schedule to a toxin includes:
(a) any nucleic acid sequence coding for the toxin, and
(b) any genetically modified micro-organism containing any such sequence.
3 Any reference in this Schedule to a toxin excludes any non-toxigenic subunit.”

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