PART 4

Duties and Powers of the Competent Authority

Register of notifications
28
1
This regulation is subject to regulation 29.
2
The competent authority must maintain a register of every notification submitted under regulations 9 to 12.
3
Subject to paragraph (4) the register must contain—
a
in relation to each notification submitted under regulation 9(2), 10(2), 11(2) or 12(2)—
i
the name, address and telephone number and any fax number and any e-mail address of the notifier;
ii
the date on which the Executive acknowledged receipt of the notification; and
iii
where the competent authority receives details of a matter referred to in sub-paragraphs (a) to (g) of regulation 14(1), or in regulation 15(1), confirmation that such details have been received;
b
in relation to each notification submitted under regulation 10(2), 11(2) or 12(2), the date of any cessation of the contained use to which the notification related;
c
in relation to each notification submitted under regulation 9(2)—
i
the information specified in paragraphs (d) to (g) and (h)(ii) and (iii) of Schedule 5;
ii
if applicable, the fact that the competent authority has been informed of an accident at those premises under regulation 22;
d
in relation to each notification submitted under regulation 10(2), the information specified in paragraphs (e) to (k) and (m)(i) and (ii) of Schedule 6;
e
in relation to each notification submitted under regulation 11(2)—
i
the information specified in paragraphs (e) to (j), (1), (m)(i),(iii) and (iv) and (r) of Schedule 6;
ii
if applicable, confirmation that consent for the contained use has been granted under regulation 11(4) or 11(5);
f
in relation to each notification submitted under regulation 12(2), the information specified in paragraphs (e) to (j) and (m)(i) of Schedule 6.
4
The competent authority must omit information from the register where—
a
the information falls within one of the exceptions to disclosure in—
i
regulation 12(5) or 13(1) of the Environmental Information Regulations 2004 ; or
ii
regulation 10(5) or 11(1) of the Environmental Information (Scotland) Regulations 2004 ;
b
the notifier has requested that the competent authority treat the information as confidential; and
c
the competent authority has decided that the information is to be kept confidential.
5
The competent authority may not keep the following information confidential if it was submitted in accordance with the requirements of regulation 9(2), 10(2) or 11(2)—
a
the general characteristics of any genetically modified micro-organisms, the name and address of the notifier, and the location of use;
b
the class of contained use and the containment measures;
c
the evaluation of foreseeable effects, in particular any harmful effects on human health and the environment.
6
Information must be entered in the register within 14 days of its receipt by the competent authority.
7
The competent authority may remove from the register details of—
a
premises which are no longer used for contained use, ten years after being informed of this under regulation 14(1)(c);
b
premises where all contained use has ceased for the time being, ten years after being informed of this under regulation 14(1)(d), provided that no notice of recommencement under regulation 14(1)(f) has been received;
c
a contained use that has ceased, ten years after being informed of this under regulation 14(1)(e).
8
A copy of the register must be made available for inspection to members of the public by the Executive, by such means as it considers appropriate, which may include publication on its website.
S.I. 2004/3391.
S.S.I. 2004/520.