|
|
|
|
|
|
|
|
|
|
[The page and line references are to HL Bill 94, the bill as first printed for the Lords.] |
|
|
|
1 | Page 6, leave out line 43 |
|
2 | Page 6, line 44, leave out from “maximum” to end of line 45 |
|
|
3 | Page 7, line 14, after “by” insert “the” |
|
|
4 | Page 7, line 16, leave out “High Court” and insert “Authority” |
|
5 | Page 7, line 29, leave out “order” and insert “direct” |
|
6 | Page 7, line 30, at end insert— |
|
| “(1A) | If the Authority is satisfied— |
|
| (a) | that relevant material has come from the body of a living person, |
|
| (b) | that it is desirable in the interests of another person (including a |
|
| future person) that the material be used for the purpose of |
|
| obtaining scientific or medical information about the person from |
|
| whose body the material has come (“the donor”), |
|
| (c) | that reasonable efforts have been made to get the donor to decide |
|
| whether to consent to the use of the material for that purpose, |
|
| (d) | that there is no reason to believe— |
|
| (i) | that the donor has died, |
|
| (ii) | that a decision of the donor to refuse to consent to the use of |
|
| the material for that purpose is in force, or |
|
| (iii) | that the donor lacks capacity to consent to the use of the |
|
| material for that purpose, and |
|
| (e) | that the donor has been given notice of the application for the |
|
| exercise of the power conferred by this subsection, |
|
|
|
|
|
|
|
|
| | it may direct that subsection (2) apply to the material for the benefit of the |
|
| |
7 | Page 7, line 31, leave out “an order” and insert “a direction” |
|
8 | Page 7, line 31, after “(1)” insert “or (1A)” |
|
9 | Page 7, line 34, leave out “order is made” and insert “direction is given” |
|
|
10 | Page 8, leave out line 15 |
|
11 | Page 8, line 16, leave out from “maximum” to end of line 17 |
|
|
12 | Page 16, leave out line 10 |
|
13 | Page 16, line 11, leave out from “maximum” to end of line 12 |
|
|
14 | Page 20, leave out line 7 |
|
15 | Page 20, line 8, leave out from “maximum” to end of line 9 |
|
|
16 | Page 21, leave out line 4 |
|
17 | Page 21, line 5, leave out from “maximum” to end of line 6 |
|
|
18 | Page 23, leave out line 41 and insert “regulations made by the Secretary of State.” |
|
|
19 | |
|
20 | |
|
21 | |
|
22 | |
|
23 | |
|
|
|
|
|
|
24 | Page 27, line 20, leave out “and the Inspectorates” |
|
|
25 | Page 28, line 22, after “14(1)” insert “or” |
|
26 | Page 28, line 22, leave out “or 36(1)” |
|
27 | Page 28, line 26, after “14(1)” insert “or” |
|
28 | Page 28, line 26, leave out “or 36(1)” |
|
29 | Page 28, line 30, at end insert “first” |
|
30 | Page 28, line 31, leave out “first found” and insert “situated to be attended” |
|
|
31 | Page 29, line 21, after “14(1)” insert “and” |
|
32 | Page 29, line 22, leave out “and 36(1)” |
|
|
33 | Page 30, leave out lines 1 and 2 |
|
|
34 | Page 31, leave out line 39 |
|
35 | Page 31, line 40, leave out from “maximum” to end of line 41 |
|
|
36 | Page 32, line 37, after “remains” insert “which they reasonably believe to be |
|
| remains of a person who died less than one thousand years before the day on |
|
| which this section comes into force” |
|
|
37 | Page 34, line 1, leave out from “In” to “32(4)(a)(i)” and insert “section” |
|
38 | Page 34, line 1, leave out “and 50(3)(a)(i)” |
|
39 | Page 34, line 3, leave out subsection (4) |
|
|
40 | Page 34, line 13, after “33(3)” insert “and (7)” |
|
41 | Page 34, line 13, leave out “36(4), 38(2)” |
|
42 | Page 34, line 17, leave out “36(4), 38(2)” |
|
43 | Page 34, line 19, after “33(3)” insert “or (7)” |
|
44 | Page 34, line 21, at end insert— |
|
|
|
|
|
|
| “( ) | Subsections (1) and (2) do not apply to any power of a court.” |
|
45 | Page 34, line 23, after “14(4)” insert “or” |
|
46 | Page 34, line 23, leave out “or 36(4)” |
|
47 | Page 34, line 41, after “33(3)” insert “and (7)” |
|
48 | Page 34, line 43, leave out from beginning to end of line 1 on page 35 |
|
49 | Page 35, line 10, at end insert— |
|
| “( ) | Before acting under any of the following provisions, the Secretary of State |
|
| shall also consult such other persons as he considers appropriate— |
|
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| | paragraphs 6(2), 12(2) and 13 of Schedule 5.” |
|
|
50 | Page 36, line 35, leave out from “in” to “32(4)(a)(i)” in line 36 and insert “section” |
|
51 | Page 36, line 36, leave out “and 50(3)(a)(i)” |
|
|
52 | Page 37, line 32, leave out “and (3)” and insert “, (2A), (3) and (3A)” |
|
53 | Page 37, line 35, leave out “56(4),” |
|
54 | Page 37, line 36, after “9(3)” insert “and (3A)” |
|
|
55 | Page 38, line 38, at end insert— |
|
| “(6) | No day may be appointed under subsection (2) for the coming into force of |
|
| section 5 or 8 which is earlier than the end of the period of three months |
|
| beginning with the day on which the Authority first issues a code of |
|
| practice dealing with the matters mentioned in section 26(2)(h) and (i). |
|
| (7) | If the Authority first issues a code of practice dealing with one of the |
|
| matters mentioned in subsection (6) before it first issues a code of practice |
|
| dealing with the other, that subsection shall have effect as if the three |
|
| month period were one beginning with the later of— |
|
| (a) | the day on which the Authority first issues a code of practice |
|
| dealing with the matter mentioned in section 26(2)(h), and |
|
| (b) | the day on which the Authority first issues a code of practice |
|
| dealing with the matter mentioned in section 26(2)(i).” |
|
|
|
|
|
|
|
56 | Page 39, line 15, leave out “or education or training relating to such research” |
|
57 | Page 39, line 20, leave out from “health” to end of line 21 |
|
|
58 | Page 43, line 33, at end insert— |
|
| | “The Authority may delegate any of its functions (to such extent as it |
|
| |
| (a) | to any member of the Authority, |
|
| (b) | to any member of the staff of the Authority, or |
|
| (c) | to a committee consisting of persons each of whom is— |
|
| (i) | a member of the Authority, or |
|
| (ii) | a member of the staff of the Authority.” |
|
|
59 | |
|
60 | Page 56, line 18, leave out from “health” to end of line 20 |
|
61 | Page 56, line 37, leave out from “health” to the end of line 38 |
|
62 | Page 57, line 1, after “of” insert “a direction under sub-paragraph (2) or (2A) or” |
|
63 | Page 57, line 2, leave out “(2) or” |
|
64 | Page 57, line 2, after “(3)” insert “or (3A)” |
|
65 | Page 57, line 3, at end insert “direction is given or” |
|
66 | Page 57, line 5, leave out “High Court” and insert “Authority” |
|
67 | Page 57, line 18, leave out “order” and insert “direct” |
|
68 | Page 57, line 19, at end insert— |
|
| “(2A) | If the Authority is satisfied— |
|
| (a) | that bodily material has come from the body of a living person, |
|
| (b) | that it is desirable in the interests of another person (including a |
|
| future person) that DNA in the material be analysed for the |
|
| purpose of obtaining scientific or medical information about the |
|
| person from whose body the material has come (“the donor”), |
|
| (c) | that reasonable efforts have been made to get the donor to decide |
|
| whether to consent to the use of the material for that purpose, |
|
| (d) | that there is no reason to believe— |
|
| (i) | that the donor has died, |
|
| (ii) | that a decision of the donor to refuse to consent to the use |
|
| of the material for that purpose is in force, or |
|
| (iii) | that the donor lacks capacity to consent to the use of the |
|
| material for that purpose, and |
|
| (e) | that the donor has been given notice of the application for the |
|
| exercise of the power conferred by this sub-paragraph, |
|
|
|
|
|
|
| | it may direct that this paragraph apply to the material for the benefit of |
|
| |
69 | Page 57, line 34, at end insert— |
|
| “(3A) | If the Court of Session is satisfied— |
|
| (a) | that bodily material has come from the body of a living person, |
|
| (b) | that it is desirable in the interests of another person (including a |
|
| future person) that DNA in the material be analysed for the |
|
| purpose of obtaining scientific or medical information about the |
|
| person from whose body the material has come (“the donor”), |
|
| (c) | that reasonable efforts have been made to get the donor to decide |
|
| whether to consent to the use of the material for that purpose, |
|
| (d) | that there is no reason to believe— |
|
| (i) | that the donor has died, |
|
| (ii) | that a decision of the donor to refuse to consent to the use |
|
| of the material for that purpose is in force, or |
|
| (iii) | that the donor is an incapable adult within the meaning |
|
| of the Adults with Incapacity (Scotland) Act 2000 (asp 4), |
|
| |
| (e) | that the donor has been given notice of the application for the |
|
| exercise of the power conferred by this sub-paragraph, |
|
| | it may order that this paragraph apply to the material for the benefit of |
|
| |
|
70 | Page 62, leave out line 37 |
|
71 | Page 62, line 38, leave out from “2” to “shall” in line 40 |
|
|