Section 3 subsection (1) sets out the application of the provisions of Section 3 on utilisation. The obligations in relation to utilisation apply to a project, named a "utilisation project", which involves the utilisation in the UK of (a) MGR of ABNJ or (b) DSI on such MGR.
	Section 3 subsection (2) defines the "relevant person" for the purposes of the provisions of Section 3 as "the person who controls the utilisation project". This terminology has been selected to address the fact that a utilisation project includes academic research on, or commercial use of, MGR or DSI in the UK. The "relevant person" may be the senior researcher responsible for an academic project or a compliance officer within a commercial entity. Further examples will be set out in guidance. Subsection (2) sets out the obligation on the relevant person to ensure that information is provided to the Secretary of State in accordance with the Schedule (see paragraphs 217-230 below).
	Section 3 subsection (3) provides that the relevant person must ensure that samples of any MGR whose utilisation falls within subsection (1)(a) are deposited in a suitable repository.
	Section 3 subsection (4) provides that the relevant person must ensure that any DSI on MGR whose utilisation falls within subsection (1)(b) is recorded in a suitable database.
	Section 3 subsection (5) provides that the timeframe for completing the requirements in subsections (3) and (4) is within 3 years beginning with the day on which the utilisation project begins.
	Section 3 subsection (6) provides that the relevant person must ensure that the MGR samples or DSI on MGR about which utilisation information is provided should be identifiable by reference to any Article 12(3) identifier relating to the MGR concerned. The term "Article 12(3) identifier" is defined in Section 27.
	Section 3 subsection (7) sets out the factors that determine whether a repository or database is suitable. The first factor in Section 3 subsection (7)(a) is that the repository or database is publicly accessible. This reflects the provisions of Article 14(2) of the BBNJ Agreement which sets out a list of non-monetary benefits arising from activities related to MGR of ABNJ and DSI on such MGR. These include:
Access to samples and sample collections in accordance with current international practice;
Access to digital sequence information in accordance with current international practice.
	The second factor in subsection (7)(b) is that the repository or database, regardless of where it is in the world, is operated in accordance with current international practice. "Current international practice" encompasses scientific practice in terms of storage and access to samples or information. The possibility that an MGR or DSI on MGR may be stored in a repository or deposited in a database outside the UK reflects the international nature of scientific research and research and development. Work undertaken by a person in the UK which would trigger the obligation to submit a utilisation notification to the Secretary of State may be part of a broader international scientific programme in which the decision has been taken to use repositories and databases outside the UK for storage. It may also be the case that samples are deposited with a repository outside the UK as a form of benefit sharing.
	Depositing genetic data in open access databases prior to publication is well-established in the scientific community and required by peer-reviewed scientific journals. UK Research and Innovation’s (UKRI) open access policy 2 mandates that recipients of funding from any of the UK research councils must provide open access to research articles and publications resulting from publicly-funded research, and UKRI’s policy states that "research data should be made openly available with as few restrictions as possible".
Part 2 – Marine Genetic Resources Section 3: Utilisation