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6.—(1) Exceptions to the activities described in paragraph 2 are the ownership, ownership of intellectual property or development of the matters set out in sub-paragraph (2) that employ synthetic biology at any stage of the development or production, unless the circumstances set out in sub-paragraph (3) apply.
(2) The matters referred to in sub-paragraph (1) are—
(a)human or veterinary medicines;
(b)immunomodulatory approaches.
(3) The circumstances referred to in sub-paragraph (1) are where the matter described in sub-paragraph (2)—
(a)has a synthetic biology technology that could be employed or modified to produce, deliver or produce and deliver—
(i)toxic chemicals to achieve an incapacitating or lethal effect on humans or animals;
(ii)materials restricted under Schedule 5 to the Anti-terrorism, Crime and Security Act 2001(1); or
(b)uses substances or pathogens set out in Schedule 5 to the Anti-terrorism, Crime and Security Act 2001.
Schedule 5 was amended by S.I. 2007/929 and 2012/1466.
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