Health and Safety Executive

Excluding information from the public register kept under the genetically modified organisms (contained use) regulations 2000

1 HSE has recently published a guidance leaflet on the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2002, which were signed earlier this year by the Minister. These Regulations were developed in the interest of national security and in the light of potential terrorist activity after September 11 2001. These Regulations:

  • require to be kept confidential* information which the Secretary of State determines should not be disclosed in the interest of national security;
  • allow the Secretary of State under a new regulation 23A to authorise the exclusion from the public register of any information, or description of information, which would be contrary to the interests of national security;
  • empower the Secretary of State to require the Competent Authority to submit descriptions of information to him for his determination as to whether they should be included in the public register;
  • under new regulation 24A, give any person the opportunity to write to the Secretary of State saying why they consider specific information should be excluded from the Register on grounds of national security. In these cases the information would not be included in the public register unless the Secretary of State decides that it should be included.

* Information excluded from the Register and which is required to be kept confidential, means information concerning the location of and activities relating to those pathogens and toxins listed in Schedule 5 to the Anti-terrorism, Crime and Security Act 2001. The Schedule 5 list is also available. These Regulations are not intended to hinder academic research or commercial enterprise. Nevertheless, it is expected that those involved with genetically modified materials in contained use will now follow the Government's lead and reassess how and to whom they make available information which could be useful to a terrorist.

2 Single free copies of the leaflet - Contained use of genetically modified organisms: Excluding information from the public register (INDG357) - are available from HSE Books. Also available are priced packs of 10 (ISBN 0 7176 2380 7). Contact HSE Books by post at PO Box 1999, Sudbury, Suffolk CO10 2WA, telephone: 01787 881165, fax: 01787 313995 or through the Internet: http://books.hse.gov.uk. A copy of the leaflet is also posted on the HSE website at http://www.hse.gov.uk/pubns/bioindex.htm. Please note that in view of the recent Cabinet reshuffle, if you wish to write to the Secretary of State (SoS) concerning information in the register which you think would be prejudicial to the interests of national, the address on page 5 in leaflet INDG357 is now out of date and should be replaced with: The Secretary of State for Work and Pensions, Richmond House, 79 Whitehall, SW1A 2NS.


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Updated 18.11.11