Definitions for Part VI (GMO) - EPA 1990 s. 127
Defines key terms for Part VI GMO regulations: acquire, consent, descendant, import, premises, prohibition notice, and territorial sea application.
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. This Part, except in so far as it relates to importations of genetically modified organisms, applies to the territorial sea adjacent to England as it applies in England and applies to the territorial sea adjacent to Wales as it applies in Wales and applies to any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 as it applies in England .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines the key terms used in Part VI of the Environmental Protection Act 1990, which deals with genetically modified organisms (GMOs). It explains what 'acquire' means: any way a person comes to possess a GMO, except by importing them. 'Consent' refers to a permission granted under section 111, and its limitations or conditions are those that apply at the time. 'Descendant' means any organism whose genes are derived from the GMO through any number of generations, by any reproduction process. 'Import' means bringing into the United Kingdom. 'Premises' includes any land. 'Prohibition notice' is a notice served under section 110. The section also extends the application of Part VI to the territorial sea adjacent to England and Wales, and to areas designated under the Continental Shelf Act 1964, as if they were part of England or Wales.
When it applies
- A laboratory acquires a GMO from a UK supplier without importing it.
- A company is granted a consent under s.111 to release a GMO, subject to conditions.
- A researcher creates a new organism by breeding from a GMO; that new organism is a descendant.
- A person brings GMOs into the UK from abroad, which is an import.
- An enforcement officer serves a prohibition notice under s.110 to stop an activity.
What this section does not say
- This definition does not list the specific offences for GMO activities (see s.118).
- It does not define what a genetically modified organism itself is (see other regulations).
- It does not set out the procedure for applying for consent (see s.111).
- It does not apply to the territorial sea adjacent to Scotland or Northern Ireland.
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This page reproduces the text of EPA 1990 s. 127 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.