PART 2

Risk Assessment and Notification of Contained Use

Notification of class 2 contained use
10
1
A user must not undertake a contained use involving micro-organisms classified as class 2 unless the provisions of this regulation have been complied with.
2
A person responsible for the contained use must submit a notification to the competent authority containing the information specified in Schedule 6.
3
The Executive must send an acknowledgement of receipt to the notifier within 10 working days of the competent authority receiving the notification.
4
Where the premises in the notification have not previously been notified for class 2 or a higher class of contained use, a user may undertake the class 2 contained use if—
a
45 days have elapsed since the acknowledgement of receipt was received, provided that the competent authority has not informed the notifier that the class 2 contained use may not be undertaken; or
b
the competent authority has agreed in writing that the class 2 contained use may commence sooner.
5
Where the premises in the notification have—
a
previously been notified for class 2 contained use; or
b
already been granted consent for class 3 or class 4 contained use,
a user may undertake the class 2 contained use if the notifier has received the acknowledgement of receipt.
6
Where a notifier submits a notification for a class 2 contained use which is to be undertaken for the second or subsequent time at the premises in the notification, the notifier may request that the competent authority provide a written agreement that the contained use may be undertaken.
7
The competent authority must make a decision and, if they agree, provide the written agreement requested under paragraph (6), within 45 days of the date on which the acknowledgement of receipt was sent to the notifier.