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Human Tissue Bill


Human Tissue Bill
Schedule 1 — Scheduled purposes
Part 2 — Purposes not normally requiring consent

36

 

Schedules

Schedule 1

Section 1

 

Scheduled purposes

Part 1

Purposes normally requiring consent

5

1          

Anatomical examination.

2          

Determining the cause of death.

3          

Education or training relating to—

(a)   

human health, or

(b)   

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

10

human body,

           

other than education or training which is incidental to medical diagnosis or

treatment.

4          

Establishing after a person’s death the efficacy of any drug or other

treatment administered to him.

15

5          

Obtaining scientific or medical information about a living or deceased

person which may be relevant to any other person (including a future

person).

6          

Public display.

7          

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

20

body.

8          

Transplantation.

Part 2

Purposes not normally requiring consent

9          

Clinical audit.

25

10         

Education or training which is incidental to medical diagnosis or treatment.

11         

Public health monitoring.

12         

Quality assurance.

 

 

Human Tissue Bill
Schedule 2 — The Human Tissue Authority

37

 

Schedule 2

Section 10

 

The Human Tissue Authority

Membership

1     (1)  

The Authority shall consist of—

(a)   

a chairman appointed by the Secretary of State,

5

(b)   

such number of other members appointed by the Secretary of State

as the Secretary of State thinks fit,

(c)   

a member appointed by the National Assembly for Wales, and

(d)   

a member appointed by the relevant Northern Ireland department.

      (2)  

The Secretary of State shall exercise his power to appoint members of the

10

Authority to secure that at all times not less than half of the members are

persons who do not have, and have not had, a professional interest in any of

the kinds of activity within the remit of the Authority.

Disqualification

2          

A person is disqualified for being appointed as chairman of the Authority if

15

he has, or has had, a professional interest in any of the kinds of activity

within the remit of the Authority.

3     (1)  

A person is disqualified for being appointed as chairman or other member

of the Authority if—

(a)   

he is the subject of a bankruptcy restrictions order or interim order,

20

(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

for, his creditors, or

25

(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

bankruptcy order has been made against him or his estate has been

30

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.

      (3)  

Where a person is disqualified under sub-paragraph (1)(b) because of his

35

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

deed are fulfilled, or

40

(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

appeal or application expires or, if an appeal or application is made, the date

45

 

 

Human Tissue Bill
Schedule 2 — The Human Tissue Authority

38

 

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

suspended or not) without the option of a fine.

5

Tenure of office

4          

Subject to the following provisions of this Schedule, the chairman and other

members of the Authority shall hold and vacate office in accordance with the

terms of their respective appointments.

5     (1)  

The terms of appointment of the chairman and other members of the

10

Authority shall be such as the Secretary of State may determine, subject to

sub-paragraph (2).

      (2)  

Appointment as chairman or other member shall be for a term not exceeding

three years.

6          

Previous service as chairman or other member of the Authority does not

15

affect a person’s eligibility for appointment to either office.

7          

A person holding office as chairman or other member of the Authority may

resign that office by giving notice in writing to the person who appointed

him.

8          

A person holding office as chairman or other member of the Authority shall

20

cease to hold that office if he ceases to be qualified for appointment to it.

9          

A person may be removed from office as chairman or other member of the

Authority by the person who appointed him if that person is satisfied that

he—

(a)   

has been absent from meetings of the Authority for six consecutive

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months, or longer, without the permission of the Authority, or

(b)   

is unable or unfit to carry out his functions as chairman or other

member.

Remuneration and pensions of members

10    (1)  

The Authority may pay to the chairman or any of the other members of the

30

Authority such remuneration as the Secretary of State may determine.

      (2)  

The Authority may pay, or make provision for paying, to or in respect of the

chairman or any of the other members of the Authority such pensions,

allowances, fees, expenses or gratuities as the Secretary of State may

determine.

35

      (3)  

The Authority may make a payment to a person who ceases to hold office as

chairman or other member of the Authority otherwise than on the expiry of

his term of office if it appears to the Secretary of State that there are special

circumstances which make it right for that person to receive compensation.

      (4)  

A payment under sub-paragraph (3) shall be of such amount as the Secretary

40

of State may determine.

Staff

11         

The Authority may appoint such staff as it considers appropriate, on such

terms and conditions as it may determine.

 

 

Human Tissue Bill
Schedule 2 — The Human Tissue Authority

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Proceedings

12         

Subject to any provision of this Act, the Authority may regulate its own

procedure (including quorum).

13         

The validity of any proceedings of the Authority shall not be affected by—

(a)   

any vacancy in the office of—

5

(i)   

chairman,

(ii)   

member appointed by the National Assembly for Wales, or

(iii)   

member appointed by the relevant Northern Ireland

department,

(b)   

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

10

or

(c)   

the composition for the time being of the membership of the

Authority.

Members’ interests

14    (1)  

The Authority shall establish and maintain a system for the declaration and

15

registration of private interests of its members.

      (2)  

The Authority shall publish entries recorded in the register of members’

interests.

Finance

15         

The Secretary of State may out of money provided by Parliament make

20

payments to the Authority of such amounts, at such times and on such

conditions (if any) as he considers appropriate.

Accounts and audit

16    (1)  

The Authority shall keep proper accounts and proper records in relation to

its accounts.

25

      (2)  

The Authority shall prepare a statement of accounts in respect of each of its

financial years.

      (3)  

Any such statement of accounts must comply with any directions given by

the Secretary of State with the approval of the Treasury as to—

(a)   

the information to be contained in it,

30

(b)   

the manner in which that information is to be presented, and

(c)   

the methods and principles according to which the statement is to be

prepared.

      (4)  

The Authority shall send a copy of each statement of accounts required by

sub-paragraph (2) to—

35

(a)   

the Secretary of State,

(b)   

the National Assembly for Wales,

(c)   

the relevant Northern Ireland department, and

(d)   

the Comptroller and Auditor General,

           

before the end of such period after the end of the financial year to which the

40

statement relates as the Secretary of State may specify by notice given to the

Authority.

 

 

Human Tissue Bill
Schedule 2 — The Human Tissue Authority

40

 

      (5)  

The relevant Northern Ireland department shall lay before the Northern

Ireland Assembly each statement of accounts received by it under sub-

paragraph (4).

      (6)  

The Comptroller and Auditor General shall—

(a)   

examine, certify and report on each statement of accounts received

5

by him under sub-paragraph (4), and

(b)   

lay a copy of each such statement of accounts, and of his report on it,

before each House of Parliament.

      (7)  

The power under sub-paragraph (3) to give directions includes power to

vary or revoke directions given in previous exercise of the power.

10

      (8)  

In this paragraph “financial year” means—

(a)   

the period beginning with the date on which the Authority is

established and ending with the next 31st March, and

(b)   

each successive period of 12 months ending with 31st March.

Instruments

15

17         

The application of the seal of the Authority shall be authenticated by the

signature of any member of the Authority or of any other person who has

been authorised for the purpose by the Authority, whether generally or

specially.

18         

A document purporting—

20

(a)   

to be duly executed under the seal of the Authority, or

(b)   

to be signed on its behalf,

           

shall be received in evidence and be taken, without further proof, to be so

executed or signed unless the contrary is shown.

Status

25

19    (1)  

The Authority is not to be regarded as the servant or agent of the Crown, or

as enjoying any status, privilege or immunity of the Crown.

      (2)  

The property of the Authority is not to be regarded as property of, or

property held on behalf of, the Crown.

30

Supplementary powers

20         

The Authority may do anything which is calculated to facilitate, or is

conducive or incidental to, the carrying-out of its functions, but may not

borrow money.

Application of Statutory Instruments Act 1946

35

21         

The Statutory Instruments Act 1946 (c. 36) shall apply to any power to make

orders or regulations conferred by an Act on the Authority as if the

Authority were a Minister of the Crown.

Public records

22         

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public

40

records), in Part 2 of the Table at the end of paragraph 3 the following entry

 

 

Human Tissue Bill
Schedule 3 — Licences for the purposes of section 13

41

 

is inserted at the appropriate place—

           

“Human Tissue Authority.”

Investigation by Parliamentary Commissioner

23         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)

(departments and authorities subject to investigation), the following entry is

5

inserted at the appropriate place—

           

“Human Tissue Authority.”

House of Commons Disqualification

24         

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (bodies of which all members are disqualified), the following entry is

10

inserted at the appropriate place—

           

“The Human Tissue Authority.”

Northern Ireland Assembly Disqualification

25         

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (c. 25) (bodies of which all members are disqualified), the following

15

entry is inserted at the appropriate place—

           

“The Human Tissue Authority.”

Freedom of information

26         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public

authorities), the following entry is inserted at the appropriate place—

20

           

“The Human Tissue Authority.”

Schedule 3

Section 13

 

Licences for the purposes of section 13

Power to grant licence

1          

The Authority may on application grant a licence for the purposes of section

25

13.

Characteristics of licence

2     (1)  

A licence shall not authorise the carrying-on of more than one activity to

which section 13 applies.

      (2)  

A licence shall—

30

(a)   

specify the premises where the licensed activity is authorised to be

carried on, and

(b)   

designate an individual as the person under whose supervision the

licensed activity is authorised to be carried on.

      (3)  

A licence shall not authorise the licensed activity to be carried on—

35

 

 

Human Tissue Bill
Schedule 3 — Licences for the purposes of section 13

42

 

(a)   

on premises at different places, or

(b)   

under the supervision of more than one individual.

      (4)  

It shall be a condition of a licence—

(a)   

that the licensed activity shall be carried on only on the premises

specified in the licence;

5

(b)   

that the licensed activity shall be carried on only under the

supervision of the individual designated in the licence as the person

under whose supervision it is authorised to be carried on;

(c)   

that such information about such matters relating to the carrying-on

of the licensed activity as may be specified in directions shall be

10

recorded in such form as may be so specified;

(d)   

that any record made for the purposes of the condition in paragraph

(c) shall be kept until the end of such period as may be specified in

directions;

(e)   

that there shall be provided to such person and at such intervals as

15

may be specified in directions—

(i)   

such copies of, or extracts from, any record to which the

condition in paragraph (d) relates, and

(ii)   

such other information,

   

as may be so specified;

20

(f)   

that there shall be paid to the Authority at such times as may be

specified in directions sums of such amount as may be so specified

in respect of its costs in connection with superintending compliance

with the terms of licences.

      (5)  

Directions for the purposes of sub-paragraph (4) may be given in relation to

25

licences generally, licences of a particular description or a particular licence.

3     (1)  

This paragraph applies to a licence authorising the storage of anatomical

specimens.

      (2)  

It shall be a condition of a licence to which this paragraph applies that

storage at the premises specified in the licence of the body of a deceased

30

person for use for the purpose of anatomical examination shall not begin

before that body’s storage there for use for that purpose has been authorised

in writing by—

(a)   

the designated individual, or

(b)   

an individual who has the Authority’s permission to give such

35

authorisation (see paragraph 12).

      (3)  

It shall be a condition of a licence to which this paragraph applies that any

anatomical specimen which is stored at the premises specified in the licence

shall be released from storage at the premises only into the possession of a

person who is authorised in writing by the designated individual to have the

40

specimen in his possession.

      (4)  

It shall be a condition of a licence to which this paragraph applies that the

designated individual shall give authority for the purposes of the condition

in sub-paragraph (3) only if he is satisfied—

(a)   

that the person to whom authority is given is a suitable person to

45

have the specimen in his possession, and

(b)   

that that person intends to use the specimen only for the purpose of

education, training or research.

 

 

 
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