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
50

9
The Authority may remove a person from office as chairman or other
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
5
(b)
is unable or unfit to carry out his functions as chairman or other
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
10
determine.
      (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.
15
      (3)
The Authority may make a payment of such amount as it thinks fit to a
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.
20
Delegation
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
25
the board of the Inspectorate.
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
30
affected by—
(a)
any vacancy in—
(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,
35
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,
accommodation and other resources as the Authority thinks fit for the
40
purpose of enabling the board to carry out their functions.

Human Tissue Bill
Schedule 5 — Section 46: Supplementary
Part 1 — Qualifying consent
51

Schedule 5
Section 46

Section 46: Supplementary
Part 1
Qualifying consent
Introductory
5
1
This Part of this Schedule makes provision for the interpretation of
“qualifying consent” in section 46(1)(a)(i).
Qualifying consent
2     (1)
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
(2) applies.
      (2)
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
responsibility for him.
      (3)
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
      (4)
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 responsibility for
him immediately before he died, or
(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.
35
Application to Scotland
3     (1)
In its application to Scotland, paragraph 2 has effect with the following
amendments.
      (2)
In sub-paragraphs (2) and (4)(b)(i) and (ii), for “parental responsibility for”
there is substituted “parental responsibilities in relation to”.
40
      (3)
At the end there is inserted—
“(5)
In this paragraph—

Human Tissue Bill
Schedule 5 — Section 46: Supplementary
Part 2 — Use for an excepted purpose
52


“adult” means a person who has attained the age of 16 years;

“child” 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).”
5
Part 2
Use for an excepted purpose
Introductory
4
This Part of this Schedule makes provision for the interpretation of “use for
an excepted purpose” in section 46(1)(a)(ii).
10
Purposes of general application
5     (1)
Use of the results of an analysis of DNA for any of the following purposes is
use for an excepted purpose—
(a)
the medical diagnosis or treatment of the person whose body
manufactured the DNA;
15
(b)
purposes of functions of a coroner;
(c)
purposes of functions of a procurator fiscal in connection with the
investigation of deaths;
(d)
the prevention or detection of crime;
(e)
the conduct of a prosecution;
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(f)
purposes of national security;
(g)
implementing an order or direction of a court or tribunal, including
one outside the United Kingdom.
      (2)
For the purposes of sub-paragraph (1)(d), detecting crime shall be taken to
include—
25
(a)
establishing by whom, for what purpose, by what means and
generally in what circumstances any crime was committed, and
(b)
the apprehension of the person by whom any crime was committed;

and the reference in sub-paragraph (1)(d) to the detection of crime includes
any detection outside the United Kingdom of any crime or suspected crime.
30
      (3)
In sub-paragraph (1)(e), the reference to a prosecution includes a
prosecution brought in respect of a crime in a country or territory outside the
United Kingdom.
      (4)
In this paragraph, a reference to a crime includes a reference to any conduct
which—
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(a)
constitutes one or more criminal offences (whether under the law of
a part of the United Kingdom or a country or territory outside the
United Kingdom),
(b)
is, or corresponds to, conduct which, if it all took place in any one
part of the United Kingdom, would constitute one or more criminal
40
offences, or
(c)
constitutes one or more offences of a kind triable by court-martial
under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955
(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).

Human Tissue Bill
Schedule 5 — Section 46: Supplementary
Part 2 — Use for an excepted purpose
53

      (5)
Sub-paragraph (1)(g) shall not be taken to confer any power to make orders
or give directions.
Purposes relating to existing holdings
6
Use of the results of an analysis of DNA for any of the following purposes is
use for an excepted purpose if the bodily material concerned is an existing
5
holding—
(a)
clinical audit;
(b)
determining the cause of death;
(c)
education or training relating to—
(i)
human health, or
10
(ii)
research in connection with disorders, or the functioning, of
the human body;
(d)
establishing after a person’s death the efficacy of any drug or other
treatment administered to him;
(e)
obtaining scientific or medical information about a living or
15
deceased person which may be relevant to any other person
(including a future person);
(f)
public health monitoring;
(g)
quality assurance;
(h)
research in connection with disorders, or the functioning, of the
20
human body;
(i)
transplantation.
Purposes relating to material from body of a living person
7
Use of the results of an analysis of DNA for any of the following purposes is
use for an excepted purpose if the bodily material concerned is from the
25
body of a living person—
(a)
clinical audit;
(b)
education or training which is incidental to medical diagnosis or
treatment;
(c)
public health monitoring;
30
(d)
quality assurance.
Purpose authorised under section 1
8
Use of the results of an analysis of DNA for a purpose specified in paragraph
6 is use for an excepted purpose if the use in England and Wales, or Northern
Ireland, for that purpose of the bodily material concerned is authorised by
35
section 1(1) or (7)(c).
Purpose authorised under the Adults with Incapacity (Scotland) Act 2000 (asp 4)
9
Use of the results of an analysis of DNA for the purpose of research of a kind
mentioned in subsection (1) of section 51 of the Adults with Incapacity
(Scotland) Act 2000 (surgical, medical, nursing, dental or psychological
40
research) is use for an excepted purpose if the carrying-out in Scotland of the
research is authorised under that section.

Human Tissue Bill
Schedule 6 — Powers of inspection, entry, search and seizure
54

Power to amend paragraphs 5 to 7
10
The Secretary of State may by order amend paragraph 5, 6 or 7 for the
purpose of—
(a)
varying or omitting any of the purposes specified in that paragraph,
or
5
(b)
adding to the purposes so specified.
Schedule 6
Section 49

Powers of inspection, entry, search and seizure
Inspection of statutory records
1     (1)
A duly authorised person may require a person to produce for inspection
10
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
require the records to be made available for inspection—
(a)
in a visible and legible form, or
15
(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
produced for inspection in pursuance of a requirement under this
paragraph.
20
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.
25
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
30
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.
35
      (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;
40
(c)
that the occupier is temporarily absent;

Human Tissue Bill
Schedule 6 — Powers of inspection, entry, search and seizure
55

(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
period of 31 days beginning with the day on which it is issued.
5
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
the warrant thinks that the purpose of the search may be frustrated on an
10
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—
(a)
produce the warrant to the occupier, and
15
(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
when the person executing the warrant seeks to enter them, but some other
20
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,
(b)
give him—
(i)
a copy of the warrant, and
25
(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
statement are to a statement in writing containing such information relating
to the powers of the person executing the warrant and the rights and
30
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
executing the warrant shall leave a copy of it in a prominent place on the
premises.
35
      (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
effectively secured as he found them.
Seizure in the course of inspection or search
40
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
functions relating to the grant, revocation, variation or suspension of
licences.
45

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

      (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
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,
5
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
seized in exercise of the power for so long as it may be required for the
purpose for which it was seized.
10
      (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.
Powers: supplementary
6     (1)
Power under this Schedule to enter and inspect or search any premises
15
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
particular—
(a)
power to inspect any equipment found on the premises,
20
(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
to observe the carrying-on on the premises of the licensed activity.
      (3)
Any power under this Schedule to enter, inspect or search premises includes
25
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
producing evidence of his entitlement to exercise it, if required.
30
      (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
the report.
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      (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.
Enforcement
40
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
Schedule.
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