Human Tissue Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

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.