Office of Public Sector Information
PART VI continued
(1) Where, in the case of anything found by him on any premises which he has power to enter, an inspector has reason to believe that it is a genetically modified organism or that it consists of or includes genetically modified organisms and that, in the circumstances in which he finds it, it is a cause of imminent danger of damage to the environment, he may seize it and cause it to be rendered harmless (whether by destruction, by bringing it under proper control or otherwise).
(2) Before there is rendered harmless under this section—
(a) any thing that forms part of a batch of similar things, or
(b) any substance,
the inspector shall, if it is practicable and safe for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
(3) As soon as may be after anything has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which it was seized and so dealt with by him, and shall—
(a) give a signed copy of the report to a responsible person at the premises where it was found by him; and
(b) unless that person is the owner of it, also serve a signed copy of the report on the owner;
and if, where paragraph (b) above applies, the inspector cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
(1) It is an offence for a person—
(a) to do anything in contravention of section 108(1) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;
(b) to fail to comply with section 108(3) above when keeping something which is, and which he knows or has reason to believe is, a genetically modified organism;
(c) to do anything in contravention of section 111(1) or (2) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;
(d) to fail to comply with any requirement of subsection (2), (3)(a), (b) or (c) or (4) of section 109 above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;
(e) to fail, without reasonable excuse, to comply with section 108(5) or (6) above;
(f) to contravene any prohibition imposed on him by a prohibition notice;
(g) without reasonable excuse, to fail to comply with any requirement imposed under section 115 above;
(h) to prevent any other person from appearing before or from answering any question to which an inspector may, by virtue of section 115(3) above, require an answer;
(i) intentionally to obstruct an inspector in the exercise or performance of his powers or duties, other than his powers or duties under section 117 above;
(j) intentionally to obstruct an inspector in the exercise of his powers or duties under section 117 above;
(k) to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 116 above;
(l) to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—
(i) in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or
(ii) for the purpose of obtaining the grant of a consent to himself or any other person or the variation of a consent;
(m) intentionally to make a false entry in any record required to be kept under section 108 or 111 above;
(n) with intent to deceive, to forge or use a document purporting to be issued under section 111 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;
(o) falsely to pretend to be an inspector.
(2) It shall be a defence for a person charged with an offence under paragraph (a), (b), (c), (d) or (f) of subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(3) A person guilty of an offence under paragraph (c) or (d) of subsection (1) above shall be liable—
(a) on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.
(4) A person guilty of an offence under paragraph (f) of subsection (1) above shall be liable—
(a) on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(5) A person guilty of an offence under paragraph (a) or (b) of subsection (1) above shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.
(6) A person guilty of an offence under paragraph (e), (j), (k), (l), (m) or (n) of subsection (1) above shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(7) A person guilty of an offence under paragraph (g), (h) or (i) of subsection (1) above shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both.
(8) A person guilty of an offence under paragraph (o) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(9) Where a person is convicted of an offence under paragraph (b) of subsection (1) above in respect of his keeping any genetically modified organism, then, if the contravention in respect of which he was convicted is continued after he was convicted he shall be guilty of a further offence and liable on summary conviction to a fine of one-fifth of level 5 on the standard scale for each day on which the contravention is so continued.
(10) Proceedings in respect of an offence under this section shall not be instituted in England and Wales except by the Secretary of State or with the consent of the Director of Public Prosecutions or in Northern Ireland except with the consent of the Director of Public Prosecutions for Northern Ireland.
(1) In any proceedings for either of the following offences, that is to say—
(a) an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(4)(c) or (5)(c) above; or
(b) an offence under section 118(1)(d) above consisting in a failure to comply with section 109(3)(c) or (4)(c) above;
it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or to comply with that section.
(2) Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.
(1) Where a person is convicted of an offence under section 118(1)(a), (b), (c), (d), (e) or (f) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
(2) The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.
(3) Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under section 118 above in respect of those matters, in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.
(1) Where the commission of an offence under section 118(1)(a), (b), (c), (d), (e) or (f) above causes any harm which it is possible to remedy, the Secretary of State may, subject to subsection (2) below—
(a) arrange for any reasonable steps to be taken towards remedying the harm; and
(b) recover the cost of taking those steps from any person convicted of that offence.
(2) The Secretary of State shall not exercise his powers under this section, where any of the steps are to be taken on or will affect land in the occupation of any person other than a person convicted of the offence in question, except with the permission of that person.
(1) The Secretary of State shall maintain a register (“the register”) containing prescribed particulars of or relating to—
(a) notices given or other information furnished under section 108 above;
(b) directions given under section 108(8) above;
(c) prohibition notices;
(d) applications for consents (and any further information furnished in connection with them) and any advice given by the committee appointed under section 124 below in relation to such applications;
(e) consents granted by the Secretary of State and any information furnished to him in pursuance of consent conditions;
(f) any other information obtained or furnished under any provision of this Part;
(g) convictions for such offences under section 118 above as may be prescribed;
(h) such other matters relating to this Part as may be prescribed;
but that duty is subject to section 123 below.
(2) It shall be the duty of the Secretary of State—
(a) to secure that the register is open to inspection by members of the public free of charge at all reasonable hours; and
(b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
(3) The register may be kept in any form.
(4) The Secretary of State may make regulations with respect to the keeping of the register; and in this section “prescribed” means prescribed in regulations made by the Secretary of State.
(1) No information shall be included in the register under section 122 above if and so long as, in the opinion of the Secretary of State, the inclusion of the information would be contrary to the interests of national security.
(2) No information shall be included in the register if and so long as, in the opinion of the Secretary of State, it ought to be excluded on the ground that its inclusion might result in damage to the environment.
(3) No information relating to the affairs of any individual or business shall be included in the register without the consent of that individual or the person for the time being carrying on that business, if the Secretary of State has determined that the information—
(a) is, in relation to him, commercially confidential; and
(b) is not information of a description to which subsection (7) below applies;
unless the Secretary of State is of the opinion that the information is no longer commercially confidential in relation to him.
(4) Nothing in subsection (3) above requires the Secretary of State to determine whether any information is or is not commercially confidential except where the person furnishing the information applies to have it excluded on the ground that it is (in relation to himself or another person) commercially confidential.
(5) Where an application has been made for information to be excluded under subsection (3) above, the Secretary of State shall make a determination and inform the applicant of it as soon as is practicable.
(6) Where it appears to the Secretary of State that any information (other than information furnished by the person to whom it relates) which has been obtained under or by virtue of any provision of this Part might be commercially confidential, the Secretary of State shall—
(a) give to the person to whom or to whose business it relates notice that the information is required to be included in the register unless excluded under subsection (3) above; and
(b) give him a reasonable opportunity—
(i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and
(ii) of making representations to the Secretary of State for the purpose of justifying any such objection;
and the Secretary of State shall take any representations into account before determining whether the information is or is not commercially confidential.
(7) The prescribed particulars of or relating to the matters mentioned in section 122(1)(a), (d) and (e) above shall be included in the register notwithstanding that they may be commercially confidential if and so far as they are of any of the following descriptions, namely—
(a) the name and address of the person giving the notice or furnishing the information;
(b) the description of any genetically modified organisms to which the notice or other information relates;
(c) the location at any time of those organisms;
(d) the purpose for which those organisms are being imported, acquired, kept, released or marketed (according to whichever of those acts the notice or other information relates);
(e) results of any assessment of the risks of damage to the environment being caused by the doing of any of those acts;
(f) notices under section 112(3), (4), (5) or (7) above;
and the Secretary of State may by regulations prescribe any other description of information as information which the public interest requires to be included in the register notwithstanding that it may be commercially confidential.
(8) Information excluded from the register under subsection (3) above shall be treated as ceasing to be commercially confidential for the purposes of that subsection at the expiry of a period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it or to whom or to whose business it relates may apply to the Secretary of State for the information to remain excluded on the ground that it is still commercially confidential.
(9) The Secretary of State may by order substitute for the period for the time being specified in subsection (8) above such other period as he considers appropriate.
(1) The Secretary of State shall appoint a committee to provide him with advice—
(a) on the exercise of his powers under sections 111, 112 and 113 above;
(b) on the exercise of any power under this Part to make regulations;
and on such other matters concerning his functions under this Part as he may from time to time direct.
(2) The chairman and other members of the committee shall hold and vacate office in accordance with the terms of their appointment.
(3) The Secretary of State shall pay to the members of the committee such remuneration (if any) and such allowances as he may, with the consent of the Treasury, determine.
(1) The Secretary of State may, by an agreement made with any public authority, delegate to that authority or to any officer appointed by an authority exercising functions on behalf of that authority any of his enforcement functions under this Part, subject to such restrictions and conditions as may be specified in the agreement.
(2) For the purposes of this section the following are “enforcement functions” of the Secretary of State, that is to say, his functions under—
section 110;
section 114(1) and (4);
section 116;
section 118(10); and
section 121;
and “inspector” in sections 115 and 117 includes, to the extent of the delegation, any inspector appointed by an authority other than the Secretary of State by virtue of an agreement under this section.
(3) The Secretary of State shall, if and so far as an agreement under this section so provides, make payments to the authority to reimburse the authority the expenses incurred in the performance of functions delegated under this section; but no such agreement shall be made without the approval of the Treasury.
(1) Subject to subsection (2) below, any reference in this Part to a function exercisable by the Secretary of State shall, in any case where the function is to be exercised in relation to a matter with which the Minister of Agriculture, Fisheries and Food is concerned, be exercisable by the Secretary of State and that Minister acting jointly.
(2) The validity of anything purporting to be done in pursuance of the exercise of any such function shall not be affected by any question whether that thing fell, by virtue of this section, to be done by the Secretary of State and the Minister of Agriculture, Fisheries and Food.
(1) In this Part—
“acquire”, in relation to genetically modified organisms, includes any method by which such organisms may come to be in a person’s possession, other than by their being imported;
“consent” means a consent granted under section 111 above, and a reference to the limitations or conditions to which a consent is subject is a reference to the limitations or conditions subject to which the consent for the time being has effect;
“descendant”, in relation to a genetically modified organism, means any other organism whose genes or other genetic material is derived, through any number of generations, from that organism by any process of reproduction;
“import” means import into the United Kingdom;
“premises” includes any land;
“prohibition notice” means a notice under section 110 above.
(2) This Part, except in so far as it relates to importations of genetically modified organisms, applies to the territorial sea adjacent to Great Britain, and to any area for the time being designated under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964, as it applies in Great Britain.
Environmental Protection Act 1990