Genetic Manipulation Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1810 |
| Year | 1989 |
1989No. 1810
HEALTH AND SAFETY
The Genetic Manipulation Regulations 1989
3rdOctober1989
11thOctober1989
1stNovember1989
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(b), (4)(a), (5)(b), and (9), 52(2) and (3), and 82(3)(a) of, and paragraphs 1(1)(b) and (c), 6(1) and 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974 ( a) ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:-
Citation and commencement
1. These Regulations may be cited as the Genetic Manipulation Regulations 1989 and shall come into force on 1st November 1989.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"approved" means approved for the time being in writing by the Health and Safety Executive for the purposes of these Regulations;
"genetic manipulation" means the propagation of combinations of heritable material by the insertion of that material, prepared by whatever means outside a cell or organism, into a cell or organism in which it does not occur naturally, either-
(a) directly; or(b) into a virus, microbial plasmid or other vector system which can then be incorporated in the cell or organism;"genetic manipulation safety committee" means a committee established under regulation 6(2);
"intentional introduction into the environment" means the intentional introduction into the environment (that is outside provision for containment) of a live cell or organism which was produced or modified by genetic manipulation, in vitro cell fusion or other in vitro technique, to form combinations of heritable material which do not occur naturally in that cell or organism;
"organism" means any biological entity capable of replication (whether microscopic or not);
"pathogen" means any of the following-
(a) an organism which falls into one of the hazard groups numbered 2, 3 and 4 in Schedule 1;(b) an animal pathogen within the meaning of Article 3 of the Importation of Animal Pathogens Order 1980 ( b); or(c) a plant pest within the meaning of Article 3 of the Plant Health (Great Britain) Order 1987 ( c).(a) 1974 c.37; sections 15, 50 and 52 were amended by Schedule 15 to the Employment Protection Act 1975 (c.71), paragraphs 6, 16 and 17 respectively.
(b) S.I. 1980/1212.
(c) S.I. 1987/1758.
(2) In these Regulations a reference to "an activity involving genetic manipulation" shall be taken as a reference to an activity involving-
(a) the construction or modification of a cell or organism by genetic manipulation;(b) the use of a cell or organism constructed or modified by genetic manipulation; or(c) intentional introduction into the environment,but shall not include a reference to the supply or use of a cell or organism as a finished product for routine use if the construction or modification of that cell or organism by genetic manipulation has been notified under regulation 5.
(3) In these Regulations, references to "containment levels" and to "good large-scale practice" shall be treated as references to those terms as further described in the method of risk assessment approved for the purpose of regulation 6(1).
(4) In these Regulations, unless the context otherwise requires-
(a) a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and(b) a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.Meaning of "work" and "at work"
3. For the purpose of these Regulations and Part I of the Health and Safety at Work etc. Act 1974 the meaning of the word "work" shall be extended to include an activity involving genetic manipulation and the meaning of "at work" shall be extended accordingly.
Modification of section 3(2) of the Health and Safety at Work etc. Act 1974
4. Section 3(2) of the Health and Safety at Work etc. Act 1974 shall be modified, in relation to an activity involving genetic manipulation, so as to have effect as if the reference to a self-employed person included a reference to any person who is not an employer or an employee in relation to that activity.
Notification of activities involving genetic manipulation
5.-(1) Subject to paragraphs (4) and (6), no person shall carry out an activity involving genetic manipulation unless, before commencing that activity, he has notified the Health and Safety Executive of his intention to do so at least-
(a) in the case of an activity involving an intentional introduction into the environment, 90 days in advance;(b) in any other case, 30 days in advance; or(c) in either case, such shorter time in advance as the Executive may agree.(2) Subject to paragraph (4), the notification required by paragraph (1) shall be in an approved form and shall comprise-
(a) a notification of an intention to carry out activities involving genetic manipulation which shall contain the...To continue reading
Request your trial