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The Secretary of State for Environment, Food and Rural Affairs, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the control and regulation of genetically modified organisms, in exercise of the powers conferred on her by that section, makes the following Regulations - Citation, commencement, extent and application 1. - (1) These Regulations may be cited as the Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004, shall come into force on 10th November 2004 and shall extend to England and Wales. (2) Subject to paragraph (3), these Regulations shall apply to England only. (3) Regulation 3(1) shall apply to the United Kingdom. Interpretation 2. - (1) In these Regulations -
(b) where there is not a unitary authority -
(ii) in a non-metropolitan district, the council of that county; or (iii) in each London borough, the council of that borough;
(c) as respects the City of London, the Common Council; and
(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in or are referred to in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation.
(b) by each local authority within its area, and by the Secretary of State acting jointly.
Appointment of inspectors
(ii) to take with him any equipment or materials required for any purpose for which the power of entry is being exercised;
(b) to carry out such tests and inspections (and to make such recordings), as may in any circumstances be necessary;
(ii) to ensure that it is not tampered with before his examination of it is completed; and (iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
(f) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any test or inspection under this paragraph to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
(4) Where under the power conferred by paragraph (3)(e) above an inspector takes possession of anything found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars sufficient to identify what he has seized and stating that he has taken possession of it under that power; and before taking possession under that power of -
(b) any substance,
an inspector shall, if it is practical 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.
(b) to be about to become, or to have been, involved in that activity,
require that person to furnish such relevant information available to him as is specified in the notice, in such form and within such period following service of the notice as is so specified.
(b) to obstruct an inspector in the exercise of a power conferred by regulation 6; (c) without reasonable excuse to fail to comply with any requirement imposed under regulation 6; (d) without reasonable excuse to fail to comply with a request made under regulation 6(3)(g) or regulation 7; (e) knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with -
(ii) a request of an inspector made for a purpose in connection with the enforcement or execution of these Regulations; and
(f) intentionally to make a false entry in any record required to be kept under a specified Community provision.
(2) It shall be a defence for a person charged with an offence under regulation 8(1)(a) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
(2) Any person who contravenes or fails to comply with any of the specified Community provisions in Part II of the Schedule to these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
(b) in the case of an incorporated body, by delivering it to the secretary or clerk at the registered or principal office, or by sending it by post to him at that office; (c) in the case of a partnership (other than a limited liability partnership), by delivering it to a partner or person having the control or management of the partnership business, or by sending it by post to him at the registered or principal office of that partnership; (d) in the case of a limited liability partnership, by delivering it to a member of the limited liability partnership, or by sending it by post to him at the registered or principal office of that partnership; (e) in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address; or (f) where an address for service using electronic communications has been given by that person, sending it using electronic communications to that person at that address.
(3) Where a notice is to be served on the occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom it should be served, or the premises are unoccupied, the document may be served by addressing it to the person concerned by the description of "occupier" of the premises (naming them) and -
(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
(4) Where a notice is served using electronic communications, the service is deemed to be effected by properly addressing and transmitting the electronic communication.
(This note is not part of the Regulations) These Regulations make provision as respects England, for the execution and enforcement of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on the transboundary movements of genetically modified organisms (OJ No. L287, 5.11.2003, p1); and appoint a focal point for the UK for the purpose of Regulation (EC) No 1946/2003. Similar Regulations to make provision for the enforcement and execution of Regulation (EC) No 1946/2003 will be made in respect of Scotland, Wales and Northern Ireland. The Regulations come into force on 10th November 2004. Regulation 3 designates the Secretary of State for Environment, Food and Rural Affairs as 'Focal Point' for the UK for the purpose of Regulation (EC) No 1946/2003 and as 'Competent Authority' for the purpose of the Regulation (EC) No 1946/2003 as regards England. Articles 3(19) and 3(20) of the Regulation (EC) No 1946/2003 provide that these bodies are responsible for performing the administrative functions required by the Protocol and for liaising with the Secretariat to the Protocol. Regulation 4 provides for the enforcement of the Regulations and the specified Community provisions (the provisions of Regulation (EC) No. 1946/2003 specified in the Schedule). Regulation 5 makes provision for the appointment of inspectors, and transitional arrangements for inspectors already appointed under the Environmental Protection Act 1990 (c. 43). Regulation 6 provides powers of entry, including the power to carry out tests and inspections, to take samples, Regulation 7 enables inspectors to require the provision of information. Regulation 8 makes it an offence to contravene the specified Community provisions; to obstruct inspectors in the exercise of powers under these Regulations; and to give false information; and sets out a due diligence defence in respect of contravention of the specified Community provisions. Regulation 9 makes provision for offences committed due to the fault of another person. Regulation 10 makes provision for offences committed by corporate bodies. Regulations 11 and 12 prescribe penalties and specify time limits for bringing prosecutions. A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from GM Controls Unit, DEFRA, Zone G/9, Ashdown House, 123 Victoria Street, London SW1E 6DE. Notes: [1] S.I. 1991/755.back [3] OJ No. L287, 5.11.2003, p1.back [4] 2000 c. 7; the definition of electronic communications in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.back [5] S.I. 1994/867, to which there are amendments not relevant to these Regulations.back
ISBN 0 11 049967 0
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