Human Tissue Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Human Tissue Bill

Human Tissue Bill
Schedule 6 — Powers of inspection, entry, search and seizure
56

Supplementary
9     (1)
Power to make orders under this Part of this Schedule is exercisable by
statutory instrument.
      (2)
Power to make orders under this Part of this Schedule includes power—
(a)
to make different provision for different cases, and
5
(b)
to make incidental, supplementary, consequential or transitional
provision or savings.
      (3)
No order under this Part of this Schedule shall be made unless a draft of the
statutory instrument containing it has been laid before and approved by a
resolution of each House of Parliament.
10
      (4)
Before acting under paragraph 8(3) or 10(4), the Secretary of State shall
consult the Scottish Ministers.
10    (1)
In this Part of this Schedule—
“adult” means a person who has attained the age of 16 years;
“anatomical examination” means examination by dissection for
15
purposes of teaching or studying, or researching into, morphology;
“child”, except in sub-paragraph (2), means a person who has not
attained the age of 16 years;
“parental responsibilities” has the meaning given by section 1(3) of the
Children (Scotland) Act 1995 (c. 36).
20
      (2)
The following are qualifying relationships for the purposes of this Part of
this Schedule, spouse, partner, parent, child, brother, sister, child of a
brother or sister, stepfather, stepmother, half-brother, half-sister and friend
of long standing.
      (3)
For the purposes of sub-paragraph (2), a person is another’s partner if the
25
two of them (whether of different sexes or the same sex) live as partners in
an enduring family relationship.
      (4)
The Secretary of State may by order amend sub-paragraph (2).
Schedule 6
Section 50

Powers of inspection, entry, search and seizure
30
Inspection of statutory records
1     (1)
A duly authorised person may require a person to produce for inspection
any records which he is required to keep by, or by virtue of, this Act.
      (2)
Where records which a person is so required to keep are stored in any
electronic form, the power under sub-paragraph (1) includes power to
35
require the records to be made available for inspection—
(a)
in a visible and legible form, or
(b)
in a form from which they can readily be produced in a visible and
legible form.
      (3)
A duly authorised person may inspect and take copies of any records
40
produced for inspection in pursuance of a requirement under this
paragraph.

Human Tissue Bill
Schedule 6 — Powers of inspection, entry, search and seizure
57

Entry and inspection of licensed premises
2     (1)
A duly authorised person may at any reasonable time enter and inspect any
premises in respect of which a licence is in force.
      (2)
The power in sub-paragraph (1) is exercisable for purposes of the
Authority’s functions in relation to licences.
5
Entry and search in connection with suspected offence
3     (1)
If a justice of the peace is satisfied on sworn information or, in Northern
Ireland, on a complaint on oath that there are reasonable grounds for
believing—
(a)
that an offence under Part 1 or 2 is being, or has been, committed on
10
any premises, and
(b)
that any of the conditions in sub-paragraph (2) is met in relation to
the premises,

he may by signed warrant authorise a duly authorised person to enter the
premises, if need be by force, and search them.
15
      (2)
The conditions referred to are—
(a)
that entry to the premises has been, or is likely to be, refused and
notice of the intention to apply for a warrant under this paragraph
has been given to the occupier;
(b)
that the premises are unoccupied;
20
(c)
that the occupier is temporarily absent;
(d)
that an application for admission to the premises or the giving of
notice of the intention to apply for a warrant under this paragraph
would defeat the object of entry.
      (3)
A warrant under this paragraph shall continue in force until the end of the
25
period of 31 days beginning with the day on which it is issued.
Execution of warrants
4     (1)
Entry and search under a warrant under paragraph 3 is unlawful if any of
sub-paragraphs (2) to (4) and (6) is not complied with.
      (2)
Entry and search shall be at a reasonable time unless the person executing
30
the warrant thinks that the purpose of the search may be frustrated on an
entry at a reasonable time.
      (3)
If the occupier of the premises to which the warrant relates is present when
the person executing the warrant seeks to enter them, the person executing
the warrant shall—
35
(a)
produce the warrant to the occupier, and
(b)
give him—
(i)
a copy of the warrant, and
(ii)
an appropriate statement.
      (4)
If the occupier of the premises to which the warrant relates is not present
40
when the person executing the warrant seeks to enter them, but some other
person is present who appears to the person executing the warrant to be in
charge of the premises, the person executing the warrant shall—
(a)
produce the warrant to that other person,

Human Tissue Bill
Schedule 6 — Powers of inspection, entry, search and seizure
58

(b)
give him—
(i)
a copy of the warrant, and
(ii)
an appropriate statement, and
(c)
leave a copy of the warrant in a prominent place on the premises.
      (5)
In sub-paragraphs (3)(b)(ii) and (4)(b)(ii), the references to an appropriate
5
statement are to a statement in writing containing such information relating
to the powers of the person executing the warrant and the rights and
obligations of the person to whom the statement is given as may be
prescribed by regulations made by the Secretary of State.
      (6)
If the premises to which the warrant relates are unoccupied, the person
10
executing the warrant shall leave a copy of it in a prominent place on the
premises.
      (7)
Where the premises in relation to which a warrant under paragraph 3 is
executed are unoccupied or the occupier is temporarily absent, the person
executing the warrant shall, when leaving the premises, leave them as
15
effectively secured as he found them.
Seizure in the course of inspection or search
5     (1)
A duly authorised person entering and inspecting premises under
paragraph 2 may seize anything on the premises which he has reasonable
grounds to believe may be required for purposes of the Authority’s
20
functions relating to the grant, revocation, variation or suspension of
licences.
      (2)
A duly authorised person entering and searching premises under a warrant
under paragraph 3 may seize anything on the premises which he has
reasonable grounds to believe may be required for the purpose of being used
25
in evidence in any proceedings for an offence under Part 1 or 2.
      (3)
Where a person has power under sub-paragraph (1) or (2) to seize anything,
he may take such steps as appear to be necessary for preserving the thing or
preventing interference with it.
      (4)
The power under sub-paragraph (1) or (2) includes power to retain anything
30
seized in exercise of the power for so long as it may be required for the
purpose for which it was seized.
      (5)
Where by virtue of sub-paragraph (1) or (2) a person seizes anything, he
shall leave on the premises from which the thing was seized a statement
giving particulars of what he has seized and stating that he has seized it.
35
Powers: supplementary
6     (1)
Power under this Schedule to enter and inspect or search any premises
includes power to take such other persons and equipment as the person
exercising the power reasonably considers necessary.
      (2)
Power under this Schedule to inspect or search any premises includes, in
40
particular—
(a)
power to inspect any equipment found on the premises,
(b)
power to inspect and take copies of any records found on the
premises, and
(c)
in the case of premises in respect of which a licence is in force, power
45
to observe the carrying-on on the premises of the licensed activity.

Human Tissue Bill
Schedule 7 — Consequential amendments
59

      (3)
Any power under this Schedule to enter, inspect or search premises includes
power to require any person to afford such facilities and assistance with
respect to matters under that person’s control as are necessary to enable the
power of entry, inspection or search to be exercised.
7     (1)
A person’s right to exercise a power under this Schedule is subject to his
5
producing evidence of his entitlement to exercise it, if required.
      (2)
As soon as reasonably practicable after having exercised a power under this
Schedule to inspect or search premises, the duly authorised person shall—
(a)
prepare a written report of the inspection or search, and
(b)
if requested to do so by the appropriate person, give him a copy of
10
the report.
      (3)
In sub-paragraph (2), the “appropriate person” means—
(a)
in relation to premises in respect of which a licence is in force, the
designated individual (as defined in section 43);
(b)
in relation to any other premises, the occupier.
15
Enforcement
8     (1)
A person commits an offence if—
(a)
he fails without reasonable excuse to comply with a requirement
under paragraph 1(1) or 6(3), or
(b)
he intentionally obstructs the exercise of any right under this
20
Schedule.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
Interpretation
9
In this Schedule, “duly authorised person”, in the context of any provision,
25
means a person authorised by the Authority to act for the purposes of that
provision.
Schedule 7
Section 58

Consequential amendments
Wills Act 1837 (c. 26)
30
1
In section 1 of the Wills Act 1837, in the definition of “will”, after “child,”
there is inserted “and also to an appointment by will of a representative
under section 4 of the Human Tissue Act 2004,”.
Anatomy Act 1984 (c. 14)
2
In section 4 (lawful examinations), in subsection (4) (which is expressed to
35
be subject to subsections (5) to (8)), for “(5)” there is substituted “(6)”.
Coroners Act 1988 (c. 13)
3     (1)
The Coroners Act 1988 is amended as follows.

Human Tissue Bill
Schedule 7 — Consequential amendments
60

      (2)
In section 19 (post-mortem examination without inquest), after subsection
(1) (which confers power to direct a person to make a post-mortem
examination) there is inserted—
(1A)
No direction under subsection (1) above shall have effect to require
a person to make a post-mortem examination if the making of the
5
examination by him would contravene section 13(1) of the Human
Tissue Act 2004 (under which a person may make a post-mortem
examination only under the authority of a licence under that Act).”
      (3)
In section 21 (which confers powers to direct a person to make a post-
mortem examination in connection with an inquest), after subsection (4)
10
there is inserted—
“(4A)
No direction under this section shall have effect to require a person
to make a post-mortem examination if the making of the
examination by him would contravene section 13(1) of the Human
Tissue Act 2004 (under which a person may make a post-mortem
15
examination only under the authority of a licence under that Act).”
Human Organ Transplants Act 1989 (c. 31)
4
In section 1(1)(a) of the Human Organ Transplants Act 1989, for “Great
Britain” there is substituted “Scotland”.
Criminal Justice and Police Act 2001 (c. 16)
20
5     (1)
Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure) is
amended as follows.
      (2)
In section 57 (retention of seized items), in subsection (1) (provisions in
relation to which the section has effect), at the end there is inserted—
“(q)
paragraph 5(4) of Schedule 6 to the Human Tissue Act 2004.”
25
      (3)
In section 66 (interpretation of Part 2), in subsection (4) (references to a
search to include references to activities authorised by virtue of specified
powers), at the end there is inserted—
“(n)
paragraph 2 of Schedule 6 to the Human Tissue Act 2004
(entry and inspection of licensed premises).”
30
      (4)
In Schedule 1 (powers of seizure), in Part 1 (powers to which section 50 of
the Act applies), after paragraph 73D there is inserted—
“Human Tissue Act 2004 (c. 00)
73E
Each of the powers of seizure conferred by the provisions of
paragraph 5(1) (seizure of material relevant to licensing functions)
35
and (2) (seizure of evidence of offences) of Schedule 6 to the
Human Tissue Act 2004.”
Enterprise Act 2002 (c. 40)
6     (1)
The following provisions—
(a)
paragraph 3(1)(b), (2) and (3) of Schedule 2, and
40
(b)
paragraph 3(1)(b), (2) and (3) of Schedule 4,

Human Tissue Bill
Schedule 8 — Repeals and revocations
Part 1 — Repeals
61


shall be taken to be within the definition of “provision” in section 268 of the
Enterprise Act 2002 (c. 40) (power to remove bankruptcy disqualifications
under pre-8th November 2002 provisions or extend them to, or replace them
with disqualifications of, persons subject to bankruptcy restrictions
regimes).
5
      (2)
In its application by virtue of sub-paragraph (1), section 268 of the Enterprise
Act 2002 shall have effect with the following modifications—
(a)
subsections (5)(d), (6) to (8) and (15) (power to make application of
disqualification provision subject to person’s discretion) are omitted,
and
10
(b)
for subsection (13) (order under section to be made by statutory
instrument after parliamentary approval of a draft) there is
substituted—
“(13)
An order under this section—
(a)
must be made by statutory instrument, and
15
(b)
shall be subject to annulment in pursuance of a
resolution of either House of Parliament.”
Schedule 8
Section 59

Repeals and revocations
Part 1
20
Repeals

Short title and chapter
Extent of repeal

Human Tissue Act 1961 (c. 54)
The whole Act.

Human Tissue Act (Northern
The whole Act.

Ireland) 1962 (c. 19 (N.I.))

25

Anatomy Act 1984 (c. 14)
The whole Act.

Corneal Tissue Act 1986 (c. 18)
The whole Act.

Human Organ Transplants Act
The whole Act.

1989 (c. 31)

National Health Service and
In Schedule 9, paragraph 7.

30

Community Care Act 1990

(c. 19)

Human Fertilisation and
In Schedule 4, paragraphs 8 and 9.

Embryology Act 1990 (c. 37)

Health Authorities Act 1995
In Schedule 1, paragraph 92.

35

(c. 17)

Human Tissue Bill
Schedule 8 — Repeals and revocations
Part 2 — Revocations
62

Part 2
Revocations

Title
Extent of revocation

Corneal Tissue (Northern
The whole Order.

Ireland) Order 1988

5

(S.I. 1988/1844 (N.I. 14))

Human Organ Transplants
The whole Order.

(Northern Ireland) Order

1989 (S.I. 1989/2408 (N.I. 21))

Health and Personal Social
In Part II of Schedule 5, the entry relating to the

10

Services (Northern Ireland)
Human Tissue Act (Northern Ireland) 1962.

Order 1991 (S.I. 1991/194

(N.I. 1))

Anatomy (Northern Ireland)
The whole Order

Order 1992 (S.I. 1992/1718

15

(N.I. 11))