|
| |
|
(10) | Notice under sub-paragraph (8), and notice under sub-paragraph (9) of |
| |
revocation under sub-paragraph (4)(b), shall include a statement of the |
| |
reasons for the refusal or revocation. |
| |
(11) | Where the Authority— |
| |
(a) | has reasonable grounds to suspect that there are grounds for |
| 5 |
revoking permission granted to an individual for the purposes of the |
| |
authorisation condition, and |
| |
(b) | is of the opinion that the permission should immediately be |
| |
| |
| it may by notice suspend the permission for such period not exceeding three |
| 10 |
months as may be specified in the notice. |
| |
(12) | The Authority may continue suspension under sub-paragraph (11) by |
| |
giving a further notice under that sub-paragraph. |
| |
(13) | Notice under sub-paragraph (11) shall be given to— |
| |
(a) | the individual concerned, and |
| 15 |
(b) | the designated individual and, where different, the holder of the |
| |
| |
Applications under this Schedule |
| |
13 (1) | The Authority may by regulations make provision about applications under |
| |
this Schedule and may, in particular, make provision about— |
| 20 |
(a) | the form and content of such an application, |
| |
(b) | the information to be supplied with such an application, and |
| |
(c) | procedure in relation to the determination of such an application. |
| |
(2) | An application under this Schedule shall be accompanied by such fee (if any) as the |
| |
| 25 |
| |
| |
| |
| |
1 (1) | The board of the Inspectorate shall consist of— |
| |
(a) | a chairman appointed by the Authority with the approval of the |
| 30 |
| |
(b) | the chief executive officer of the Inspectorate, and |
| |
(c) | such number of other members appointed by the Authority as it |
| |
| |
(2) | The Authority shall exercise its power to appoint members of the board of |
| 35 |
the Inspectorate to secure that at all times the membership of the board |
| |
includes persons who have, and persons who do not have, a professional |
| |
interest in any of the kinds of activity within the remit of the Inspectorate. |
| |
|
| |
|
| |
|
| |
2 | A person is disqualified for being appointed as chairman of the board of the |
| |
Inspectorate if he is a member of the Authority. |
| |
3 (1) | A person is disqualified for being appointed as chairman or other member |
| |
of the board of the Inspectorate if— |
| 5 |
(a) | he is the subject of a bankruptcy restrictions order or interim order, |
| |
(b) | a bankruptcy order has been made against him by a court in |
| |
Northern Ireland, his estate has been sequestrated by a court in |
| |
Scotland or, under the law of Northern Ireland or Scotland, he has |
| |
made a composition or arrangement with, or granted a trust deed |
| 10 |
| |
(c) | in the last five years he has been convicted in the United Kingdom, |
| |
the Channel Islands or the Isle of Man of an offence and has had a |
| |
qualifying sentence passed on him. |
| |
(2) | Where a person is disqualified under sub-paragraph (1)(b) because a |
| 15 |
bankruptcy order has been made against him or his estate has been |
| |
sequestrated, the disqualification shall cease— |
| |
(a) | on his obtaining a discharge, or |
| |
(b) | if the bankruptcy order is annulled or the sequestration of his estate |
| |
is recalled or reduced, on the date of that event. |
| 20 |
(3) | Where a person is disqualified under sub-paragraph (1)(b) because of his |
| |
having made a composition or arrangement with, or granted a trust deed |
| |
for, his creditors, the disqualification shall cease— |
| |
(a) | at the end of the period of five years beginning with the date on |
| |
which the terms of the deed of composition or arrangement or trust |
| 25 |
| |
(b) | if, before then, he pays his debts in full, on the date on which the |
| |
| |
(4) | For the purposes of sub-paragraph (1)(c), the date of conviction shall be |
| |
taken to be the ordinary date on which the period allowed for making an |
| 30 |
appeal or application expires or, if an appeal or application is made, the date |
| |
on which the appeal or application is finally disposed of or abandoned or |
| |
fails by reason of its non-prosecution. |
| |
(5) | In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence |
| |
of imprisonment for a period of not less than three months (whether |
| 35 |
suspended or not) without the option of a fine. |
| |
Tenure of office of appointed members |
| |
4 | Subject to the following provisions of this Schedule, the chairman and other |
| |
appointed members of the board of the Inspectorate shall hold and vacate |
| |
office in accordance with the terms of their respective appointments. |
| 40 |
5 (1) | The terms of appointment of the chairman and other appointed members of |
| |
the board of the Inspectorate shall be such as the Authority may determine, |
| |
subject to sub-paragraph (2). |
| |
(2) | Appointment as chairman or other member of the board of the Inspectorate |
| |
shall be for a term not exceeding three years. |
| 45 |
|
| |
|
| |
|
6 | Previous service as chairman or other member of the board of the |
| |
Inspectorate does not affect a person’s eligibility for appointment to either |
| |
| |
7 | A person holding office as chairman or other appointed member of the |
| |
board of the Inspectorate may resign that office by giving notice in writing |
| 5 |
| |
8 | A person holding office as chairman or other appointed member of the |
| |
board of the Inspectorate shall cease to hold that office if he ceases to be |
| |
qualified for appointment to it. |
| |
9 | The Authority may remove a person from office as chairman or other |
| 10 |
appointed member of the board of the Inspectorate if it is satisfied that the |
| |
| |
(a) | has been absent from meetings of the board for six consecutive |
| |
months, or longer, without the permission of the board, or |
| |
(b) | is unable or unfit to carry out his functions as chairman or other |
| 15 |
| |
Remuneration and pensions of appointed members |
| |
10 (1) | The Authority may pay to the chairman or any of the other appointed |
| |
members of the board of the Inspectorate such remuneration as it may |
| |
| 20 |
(2) | The Authority may pay, or make provision for paying to or in respect of, the |
| |
chairman or any of the other appointed members of the board of the |
| |
Inspectorate such pensions, allowances, fees, expenses or gratuities as it may |
| |
| |
(3) | The Authority may make a payment of such amount as it thinks fit to a |
| 25 |
person who ceases to hold office as chairman or other appointed member of |
| |
the board of the Inspectorate otherwise than on the expiry of his term of |
| |
office if it appears to the Authority that there are special circumstances |
| |
which make it right for him to receive compensation. |
| |
| 30 |
11 | The board of the Inspectorate may delegate any of their functions (to such |
| |
extent as they may determine)— |
| |
(a) | to any member of the board, or |
| |
(b) | to any member of the staff of the Authority who is assigned to assist |
| |
the board of the Inspectorate. |
| 35 |
| |
12 | The board of the Inspectorate may regulate their own procedure (including |
| |
| |
13 | The validity of any proceedings of the board of the Inspectorate shall not be |
| |
| 40 |
| |
(i) | the office of chairman, or |
| |
(ii) | the post of chief executive officer, |
| |
|
| |
|
| |
|
(b) | any defect in a person’s appointment as chairman or other member, |
| |
| |
(c) | the composition for the time being of the membership of the board. |
| |
Staff, accommodation etc. |
| |
14 | The Authority shall provide the board of the Inspectorate with such staff, |
| 5 |
accommodation and other resources as the Authority thinks fit for the |
| |
purpose of enabling the board to carry out their functions. |
| |
| |
| |
Section 46: Qualifying consent |
| |
| 10 |
England and Wales and Northern Ireland |
| |
| |
1 | This Part of this Schedule makes provision for England and Wales and |
| |
Northern Ireland about what constitutes qualifying consent for the purposes |
| |
| 15 |
Analysis for a scheduled purpose: DNA in relevant material from a human body |
| |
2 (1) | This paragraph applies where— |
| |
(a) | the results of an analysis of DNA are to be used for a purpose which |
| |
is specified in Schedule 1, and |
| |
(b) | the DNA is in relevant material which has come from a human body. |
| 20 |
(2) | The analysis shall be regarded as being the subject of qualifying consent if |
| |
the use of the relevant material for the specified purpose is authorised under |
| |
| |
Analysis for a scheduled purpose: DNA not in relevant material from a human body |
| |
3 (1) | This paragraph applies where— |
| 25 |
(a) | the results of an analysis of DNA are to be used for a purpose which |
| |
is specified in Schedule 1, and |
| |
(b) | the DNA is in material which is not relevant material which has |
| |
| |
(2) | In relation to analysis of DNA manufactured by the body of a person who is |
| 30 |
alive, “qualifying consent” means his consent, except where sub-paragraph |
| |
| |
| |
(a) | the person is a child, |
| |
(b) | neither a decision of his to consent, nor a decision of his not to |
| 35 |
consent, is in force, and |
| |
(c) | either he is not competent to deal with the issue of consent or, though |
| |
he is competent to deal with that issue, he fails to do so, |
| |
|
| |
|
| |
|
| “qualifying consent” means the consent of a person who has parental |
| |
| |
(4) | In relation to analysis of DNA manufactured by the body of a person who |
| |
has died an adult, “qualifying consent” means— |
| |
(a) | if a decision of his to consent, or a decision of his not to consent, was |
| 5 |
in force immediately before he died, his consent; |
| |
(b) | if paragraph (a) does not apply, the consent of a person who stood in |
| |
a qualifying relationship to him immediately before he died. |
| |
(5) | In relation to analysis of DNA manufactured by the body of a person who |
| |
has died a child, “qualifying consent” means— |
| 10 |
(a) | if a decision of his to consent, or a decision of his not to consent, was |
| |
in force immediately before he died, his consent; |
| |
(b) | if paragraph (a) does not apply— |
| |
(i) | the consent of a person who had parental responsibility for |
| |
him immediately before he died, or |
| 15 |
(ii) | where no person had parental responsibility for him |
| |
immediately before he died, the consent of a person who |
| |
stood in a qualifying relationship to him at that time. |
| |
Analysis not for a scheduled purpose |
| |
4 (1) | This paragraph applies where the results of an analysis of DNA are to be |
| 20 |
used otherwise than for a purpose specified in Schedule 1. |
| |
(2) | In relation to analysis of DNA manufactured by the body of a person who is |
| |
alive, “qualifying consent” means his consent, except where sub-paragraph |
| |
| |
| 25 |
(a) | the person is a child, |
| |
(b) | neither a decision of his to consent, nor a decision of his not to |
| |
consent, is in force, and |
| |
(c) | either he is not competent to deal with the issue of consent or, though |
| |
he is competent to deal with that issue, he fails to do so, |
| 30 |
| “qualifying consent” means the consent of a person who has parental |
| |
| |
(4) | In relation to analysis of DNA manufactured by the body of a person who |
| |
has died an adult, “qualifying consent” means his consent. |
| |
(5) | In relation to analysis of DNA manufactured by the body of a person who |
| 35 |
has died a child, “qualifying consent” means— |
| |
(a) | if a decision of his to consent, or a decision of his not to consent, was |
| |
in force immediately before he died, his consent; |
| |
(b) | if paragraph (a) does not apply, the consent of a person who had |
| |
parental responsibility for him immediately before he died. |
| 40 |
|
| |
|
| |
|
| |
| |
| |
5 | This Part of this Schedule makes provision for Scotland about what |
| |
constitutes qualifying consent for the purposes of section 46. |
| 5 |
Analysis for a listed purpose |
| |
6 (1) | This paragraph applies where the results of an analysis of DNA are to be |
| |
used for a listed purpose. |
| |
(2) | In relation to analysis of DNA manufactured by the body of a person who is |
| |
alive, “qualifying consent” means his consent, except where sub-paragraph |
| 10 |
| |
| |
(a) | the person is a child, |
| |
(b) | neither a decision of his to consent, nor a decision of his not to |
| |
consent, is in force, and |
| 15 |
(c) | either he is not competent to deal with the issue of consent or, though |
| |
he is competent to deal with that issue, he fails to do so, |
| |
| “qualifying consent” means the consent of a person who has parental |
| |
responsibilities in relation to him. |
| |
(4) | In relation to analysis of DNA manufactured by the body of a person who |
| 20 |
has died an adult, “qualifying consent” means— |
| |
(a) | if a decision of his to consent, or a decision of his not to consent, was |
| |
in force immediately before he died, his consent; |
| |
(b) | if paragraph (a) does not apply, the consent of a person who stood in |
| |
a qualifying relationship to him immediately before he died. |
| 25 |
(5) | In relation to analysis of DNA manufactured by the body of a person who |
| |
has died a child, “qualifying consent” means— |
| |
(a) | if a decision of his to consent, or a decision of his not to consent, was |
| |
in force immediately before he died, his consent; |
| |
(b) | if paragraph (a) does not apply— |
| 30 |
(i) | the consent of a person who had parental responsibilities in |
| |
relation to him immediately before he died, or |
| |
(ii) | where no person had parental responsibilities in relation to |
| |
him immediately before he died, the consent of a person who |
| |
stood in a qualifying relationship to him at that time. |
| 35 |
Analysis not for a listed purpose |
| |
7 (1) | This paragraph applies where the results of an analysis of DNA are to be |
| |
used otherwise than for a listed purpose. |
| |
(2) | In relation to analysis of DNA manufactured by the body of a person who is |
| |
alive, “qualifying consent” means his consent, except where sub-paragraph |
| 40 |
| |
| |
(a) | the person is a child, |
| |
|
| |
|
| |
|
(b) | neither a decision of his to consent, nor a decision of his not to |
| |
consent, is in force, and |
| |
(c) | either he is not competent to deal with the issue of consent or, though |
| |
he is competent to deal with that issue, he fails to do so, |
| |
| “qualifying consent” means the consent of a person who has parental |
| 5 |
responsibilities in relation to him. |
| |
(4) | In relation to analysis of DNA manufactured by the body of a person who |
| |
has died an adult, “qualifying consent” means his consent. |
| |
(5) | In relation to analysis of DNA manufactured by the body of a person who |
| |
has died a child, “qualifying consent” means— |
| 10 |
(a) | if a decision of his to consent, or a decision of his not to consent, was |
| |
in force immediately before he died, his consent; |
| |
(b) | if paragraph (a) does not apply, the consent of a person who had |
| |
parental responsibilities in relation to him immediately before he |
| |
| 15 |
| |
8 (1) | In this Part of this Schedule, references to a listed purpose are to a purpose |
| |
| |
| |
| 20 |
| Determining the cause of death; |
| |
| Education or training relating to— |
| |
| |
(b) | research in connection with disorders, or the functioning, of |
| |
| 25 |
| Establishing after a person’s death the efficacy of any drug or other |
| |
treatment administered to him; |
| |
| Obtaining scientific or medical information about a living or deceased |
| |
person which may be relevant to any other person (including a |
| |
| 30 |
| |
| Public health monitoring; |
| |
| |
| Research in connection with disorders, or the functioning, of the |
| |
| 35 |
| |
(2) | In sub-paragraph (1), the reference to transplantation is to transplantation |
| |
into a human body and includes transfusion. |
| |
(3) | The Secretary of State may by order amend this paragraph for the purpose |
| |
| 40 |
(a) | varying or omitting any of the purposes listed in sub-paragraph (1), |
| |
| |
(b) | adding to the purposes listed in that sub-paragraph. |
| |
|
| |
|