EPA 1990 s. 163A: Part VI amendments in England only
EPA 1990 s.163A: Part VI amendments by 2002 Regulations apply only in England; for Wales sections 106,107,111,112,119,123,127 remain unchanged.
163A The amendments made to the provisions of Part VI by the 2002 Regulations, other than the amendment of section 127(2) as it relates to the continental shelf, have effect in relation to England only, and accordingly, in the application of that Part in relation to Wales, the provisions listed in subsection (2) below continue to have effect without the amendments made by the 2002 Regulations. The provisions referred to in subsection (1) above are— section 106(1) and (4) to (6); section 107(2), (3), (6), (9) and (11); section 111(6); section 112(1) and (5); section 119(1); section 123(7); section 127(2) in so far as it relates to the territorial sea. In this section “the 2002 Regulations” means the Genetically Modified Organisms (Deliberate Release) Regulations 2002.
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 limits the geographic application of amendments to Part VI of the Environmental Protection Act 1990. The amendments were made by the Genetically Modified Organisms (Deliberate Release) Regulations 2002 (the "2002 Regulations"). They apply only in England, not in Wales.
For Wales, the original provisions continue in force without those amendments. The specific sections that remain unchanged are: section 106(1) and (4)-(6); section 107(2),(3),(6),(9) and (11); section 111(6); section 112(1) and (5); section 119(1); section 123(7); and section 127(2) in so far as it relates to the territorial sea.
There is one exception: the amendment to section 127(2) as it relates to the continental shelf is not affected by this section, so it applies in both England and Wales. In practice, anyone dealing with GMO releases in Wales must rely on the pre-2002 version of the listed sections.
When it applies
- A Welsh company seeking consent to release genetically modified maize checks the pre-2002 version of section 106(1) and (4)-(6).
- An English regulator enforces the amended section 107(2) on risk assessment, while a Welsh regulator uses the original text.
- A dispute over a GMO release in the territorial sea off Wales – the unamended section 127(2) applies.
- A researcher comparing GMO regulations between England and Wales uses section 163A to determine that section 111(6) in Wales remains as originally enacted.
- A developer of GM insects in Wales relies on the original section 112(1) and (5) for release conditions, not the 2002 amendments.
What this section does not say
- This section does not list the actual amendments made by the 2002 Regulations; those are in the Regulations themselves.
- It does not apply to Scotland or Northern Ireland.
- It does not define what constitutes a genetically modified organism.
- It does not set out penalties for releasing GMOs without consent.
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This page reproduces the text of EPA 1990 s. 163A 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.