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Human Fertilisation and Embryology Bill [HL]


Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

13

 

(a)   

it is satisfied that any information given for the purposes of the

application for the licence was in any material respect false or

misleading,

(b)   

it is satisfied that the person responsible has failed to discharge,

or is unable because of incapacity to discharge, the duty under

5

section 17,

(c)   

it is satisfied that the person responsible has failed to comply

with directions given in connection with any licence,

(d)   

it ceases to be satisfied that the premises specified in the licence

are suitable for the licensed activity,

10

(e)   

it ceases to be satisfied that any premises which are relevant

third party premises in relation to a licence are suitable for the

activities entrusted to the third party by the person who holds

the licence,

(f)   

it ceases to be satisfied that the holder of the licence is a suitable

15

person to hold the licence,

(g)   

it ceases to be satisfied that the person responsible is a suitable

person to supervise the licensed activity,

(h)   

the person responsible dies or is convicted of an offence under

this Act, or

20

(i)   

it is satisfied that there has been any other material change of

circumstances since the licence was granted.

18A     

Variation of licence

(1)   

The Authority may on application by the holder of the licence vary the

licence so as to substitute another person for the person responsible if—

25

(a)   

the application is made with the consent of that other person,

and

(b)   

the Authority is satisfied that the other person is a suitable

person to supervise the licensed activity.

(2)   

The Authority may vary a licence on application by—

30

(a)   

the person responsible, or

(b)   

the holder of the licence (if different).

(3)   

The Authority may vary a licence without an application under

subsection (2) if it has the power to revoke the licence under section

18(2).

35

(4)   

The powers under subsections (2) and (3) do not extend to making the

kind of variation mentioned in subsection (1).

(5)   

The Authority may vary a licence without an application under

subsection (2) by—

(a)   

removing or varying a condition of the licence, or

40

(b)   

adding a condition to the licence.

(6)   

The powers conferred by this section do not extend to the conditions

required by sections 12 to 15 of this Act.”

19      

Procedure for refusal, variation or revocation of licence

For section 19 of the 1990 Act (procedure for refusal, variation or revocation of

45

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

14

 

licence) substitute—

“19     

Procedure in relation to licensing decisions

(1)   

Before making a decision—

(a)   

to refuse an application for the grant, revocation or variation of

a licence, or

5

(b)   

to grant an application for a licence subject to a condition

imposed under paragraph 1(2), 1A(2), 2(2) or 3(7) of Schedule 2,

   

the Authority shall give the applicant notice of the proposed decision

and of the reasons for it.

(2)   

Before making a decision under section 18(2) or 18A(3) or (5) the

10

Authority shall give notice of the proposed decision and of the reasons

for it to—

(a)   

the person responsible, and

(b)   

the holder of the licence (if different).

(3)   

Where an application has been made under section 18A(2) to vary a

15

licence, but the Authority considers it appropriate to vary the licence

otherwise than in accordance with the application, before so varying

the licence the Authority shall give notice of its proposed decision and

of the reasons for it to—

(a)   

the person responsible, and

20

(b)   

the holder of the licence (if different).

(4)   

A person to whom notice is given under subsection (1), (2) or (3) has the

right to require the Authority to give him an opportunity to make

representations of one of the following kinds about the proposed

decision, namely—

25

(a)   

oral representations by him, or a person acting on his behalf;

(b)   

written representations by him.

(5)   

The right under subsection (4) is exercisable by giving the Authority

notice of the exercise of the right before the end of the period of 28 days

beginning with the day on which the notice under subsection (1), (2) or

30

(3) was given.

(6)   

The Authority may by regulations make such additional provision

about procedure in relation to the carrying out of functions under

sections 18 and 18A and this section as it thinks fit.

19A     

Notification of licensing decisions

35

(1)   

In the case of a decision to grant a licence, the Authority shall give

notice of the decision to—

(a)   

the applicant, and

(b)   

the person who is to be the person responsible.

(2)   

In the case of a decision to revoke a licence, the Authority shall give

40

notice of the decision to—

(a)   

the person responsible, and

(b)   

the holder of the licence (if different).

(3)   

In the case of a decision to vary a licence on application under section

18A(1), the Authority shall give notice of the decision to—

45

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

15

 

(a)   

the holder of the licence, and

(b)   

(if different) the person who is to be the person responsible.

(4)   

In the case of any other decision to vary a licence, the Authority shall

give notice of the decision to—

(a)   

the person responsible, and

5

(b)   

the holder of the licence (if different).

(5)   

In the case of a decision to refuse an application for the grant,

revocation or variation of a licence, the Authority shall give notice of

the decision to the applicant.

(6)   

Subject to subsection (7), a notice under subsection (2), (4) or (5) shall

10

include a statement of the reasons for the decision.

(7)   

In the case of a notice under subsection (2) or (4), the notice is not

required to include a statement of the reasons for the decision if the

decision is made on an application under section 18(1) or 18A(2).

19B     

Applications under this Act

15

(1)   

Directions may make provision about—

(a)   

the form and content of applications under this Act, and

(b)   

the information to be supplied with such an application.

(2)   

The Secretary of State may by regulations make other provision about

applications under this Act.

20

(3)   

Such regulations may, in particular, make provision about procedure in

relation to the determination of applications under this Act and may, in

particular, include—

(a)   

provision for requiring persons to give evidence or to produce

documents;

25

(b)   

provision about the admissibility of evidence.”

20      

Power to suspend licence

After section 19B (inserted by section 19 above) insert—

“19C    

Power to suspend licence

(1)   

Where the Authority—

30

(a)   

has reasonable grounds to suspect that there are grounds for

revoking a licence, and

(b)   

is of the opinion that the licence should immediately be

suspended,

   

it may by notice suspend the licence for such period not exceeding three

35

months as may be specified in the notice.

(2)   

The Authority may continue suspension under subsection (1) by giving

a further notice under that subsection.

(3)   

Notice under subsection (1) shall be given to the person responsible or

where the person responsible has died or appears to be unable because

40

of incapacity to discharge the duty under section 17—

(a)   

to the holder of the licence, or

(b)   

to some other person to whom the licence applies.

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

16

 

(4)   

Subject to subsection (5), a licence shall be of no effect while a notice

under subsection (1) is in force.

(5)   

An application may be made under section 18(1) or section 18A(1) or (2)

even though a notice under subsection (1) is in force.”

21      

Reconsideration and appeals

5

For sections 20 and 21 of the 1990 Act (appeals to Authority against

determinations of licence committees and further appeals) substitute—

“20     

Right to reconsideration of licensing decisions

(1)   

If an application for the grant, revocation or variation of a licence is

refused, the applicant may require the Authority to reconsider the

10

decision.

(2)   

Where the Authority decides to vary or revoke a licence, any person to

whom notice of the decision was required to be given (other than a

person who applied for the variation or revocation) may require the

Authority to reconsider the decision.

15

(3)   

The right under subsections (1) and (2) is exercisable by giving the

Authority notice of exercise of the right before the end of the period of

28 days beginning with the day on which notice of the decision

concerned was given under section 19A.

(4)   

If the Authority decides —

20

(a)   

to suspend a licence under section 19C(1), or

(b)   

to continue the suspension of a licence under section 19C(2),

   

any person to whom notice of the decision was required to be given

may require the Authority to reconsider the decision.

(5)   

The right under subsection (4) is exercisable by giving the Authority

25

notice of exercise of the right before the end of the period of 14 days

beginning with the day on which notice of the decision concerned was

given under section 19C.

(6)   

The giving of any notice to the Authority in accordance with subsection

(5) shall not affect the continuation in force of the suspension of the

30

licence in respect of which that notice was given.

(7)   

Subsections (1), (2) and (4) do not apply to a decision on

reconsideration.

20A     

Appeals committee

(1)   

The Authority shall maintain one or more committees to carry out its

35

functions in pursuance of notices under section 20.

(2)   

A committee under subsection (1) is referred to in this Act as an appeals

committee.

(3)   

Regulations shall make provision about the membership and

proceedings of appeals committees.

40

(4)   

Regulations under subsection (3) may, in particular, provide—

 
 

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990

17

 

(a)   

for the membership of an appeals committee to be made up

wholly or partly of persons who are not members of the

Authority, and

(b)   

for the appointment of any person to advise an appeals

committee on prescribed matters.

5

(5)   

For the purposes of subsection (4) “prescribed” means prescribed by

regulations under subsection (3).

20B     

Procedure on reconsideration

(1)   

Reconsideration shall be by way of a fresh decision.

(2)   

Regulations shall make provision about the procedure in relation to

10

reconsideration.

(3)   

Regulations under subsection (2) may, in particular, make provision—

(a)   

entitling a person by whom reconsideration is required, (“the

appellant”) to require that the appellant or the appellant’s

representative be given an opportunity to appear before and be

15

heard by the appeals committee dealing with the matter,

(b)   

entitling the person who made the decision which is the subject

of reconsideration to appear at any meeting at which such an

opportunity is given, and to be heard in person or by a

representative,

20

(c)   

requiring the appeals committee dealing with the matter to

consider any written representations received from the

appellant or the person who made the decision which is the

subject of reconsideration,

(d)   

preventing any person who made the decision which is the

25

subject of reconsideration from sitting as a member of the

appeals committee dealing with the matter,

(e)   

requiring persons to give evidence or to produce documents,

(f)   

concerning the admissibility of evidence, and

(g)   

requiring the appellant and any prescribed person to be given

30

notice of the decision on reconsideration and a statement of

reasons for the appeal committee’s decision.

(4)   

Regulations under subsection (2) may, in particular, make different

provision about the procedure on reconsideration depending upon

whether the reconsideration is in pursuance of a notice under section

35

20(3) or a notice under section 20(5).

(5)   

Such regulations may, in particular, make provision—

(a)   

in relation to cases where a person requires reconsideration of a

decision to suspend a licence and reconsideration of a decision

to continue the suspension of that licence, and

40

(b)   

in relation to cases where reconsideration of a decision is

required under section 20(2) by only one of two persons by

whom it could have been required.

(6)   

In this section—

(a)   

“prescribed” means prescribed by regulations under subsection

45

(2), and

(b)   

“reconsideration” means reconsideration in pursuance of a

notice under section 20.

 
 

 
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