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Human Tissue Bill


Human Tissue Bill
Schedule 4 — Inspectorates: Boards

49

 

     (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

suspended,

           

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

licence.

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

Authority may determine.

25

Schedule 4

Sections 32 and 34

 

Inspectorates: Boards

Membership

1     (1)  

The board of the Inspectorate shall consist of—

(a)   

a chairman appointed by the Authority with the approval of the

30

Secretary of State,

(b)   

the chief executive officer of the Inspectorate, and

(c)   

such number of other members appointed by the Authority as it

thinks fit.

      (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.

 

 

Human Tissue Bill
Schedule 4 — Inspectorates: Boards

50

 

Disqualification

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

for, his creditors, or

(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

deed are fulfilled, or

(b)   

if, before then, he pays his debts in full, on the date on which the

payment is completed.

      (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

 

 

Human Tissue Bill
Schedule 4 — Inspectorates: Boards

51

 

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

office.

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

to the Authority.

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

person—

(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

appointed member.

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

determine.

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

determine.

      (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.

Delegation

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

Proceedings

12         

The board of the Inspectorate may regulate their own procedure (including

quorum).

13         

The validity of any proceedings of the board of the Inspectorate shall not be

affected by—

40

(a)   

any vacancy in—

(i)   

the office of chairman, or

(ii)   

the post of chief executive officer,

 

 

Human Tissue Bill
Schedule 5 — Section 46: Qualifying consent
Part 1 — England and Wales and Northern Ireland

52

 

(b)   

any defect in a person’s appointment as chairman or other member,

or

(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.

Schedule 5

Section 46

 

Section 46: Qualifying consent

Part 1

10

England and Wales and Northern Ireland

Introductory

1          

This Part of this Schedule makes provision for England and Wales and

Northern Ireland about what constitutes qualifying consent for the purposes

of section 46.

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

section 1(1) or (7).

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

come from a human body.

      (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

(3) applies.

      (3)  

Where—

(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,

 

 

Human Tissue Bill
Schedule 5 — Section 46: Qualifying consent
Part 1 — England and Wales and Northern Ireland

53

 

           

“qualifying consent” means the consent of a person who has parental

responsibility for him.

      (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

(3) applies.

      (3)  

Where—

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

responsibility for 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

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

 

 

Human Tissue Bill
Schedule 5 — Section 46: Qualifying consent
Part 2 — Scotland

54

 

Part 2

Scotland

Introductory

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

(3) applies.

      (3)  

Where—

(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

(3) applies.

      (3)  

Where—

(a)   

the person is a child,

 

 

Human Tissue Bill
Schedule 5 — Section 46: Qualifying consent
Part 2 — Scotland

55

 

(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

died.

15

Listed purposes

8     (1)  

In this Part of this Schedule, references to a listed purpose are to a purpose

in the following list—

Anatomical examination;

Clinical audit;

20

Determining the cause of death;

Education or training relating to—

(a)   

human health, or

(b)   

research in connection with disorders, or the functioning, of

the human body;

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

future person);

30

Public display;

Public health monitoring;

Quality assurance;

Research in connection with disorders, or the functioning, of the

human body;

35

Transplantation.

      (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

of—

40

(a)   

varying or omitting any of the purposes listed in sub-paragraph (1),

or

(b)   

adding to the purposes listed in that sub-paragraph.

 

 

 
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Revised 4 December 2003