Commentary on Sections Part 7: Security of Pathogens and Toxins Section 58 Pathogens and toxins in relation to which requirements under Part 7 apply
133.This section identifies those dangerous pathogens and toxins which have been brought immediately within the controls set out in this part of the Act when Part 7 is brought into effect. These pathogens and toxins - listed in Schedule 5 - are those that potentially pose the greatest risk to human life if misused by terrorists. The section gives the Secretary of State a power, by order, to modify the list.
134.Subsections (4) and (5) defines “dangerous substance” to include, in addition to the substances listed in Schedule 5 themselves, anything (such as a plant or animal) that is infected by or is a carrier of a pathogen listed in Schedule 5 unless it satisfies prescribed conditions or is kept or used in prescribed conditions. This allows, for instance, for certain medicinal substances to be exempt from control provided that conditions guaranteeing the public against harm are met.