|
| |
|
(a) | for “and embryos” substitute “, embryos and human admixed |
| |
| |
(b) | for “or embryos” substitute “, embryos or human admixed embryos”. |
| |
(3) | Omit subsection (3) (which defines “the nominal licensee”). |
| |
18 | Revocation and variation of licence |
| 5 |
For section 18 of the 1990 Act (revocation and variation of licence) substitute— |
| |
“18 | Revocation of licence |
| |
(1) | The Authority may revoke a licence on application by— |
| |
(a) | the person responsible, or |
| |
(b) | the holder of the licence (if different). |
| 10 |
(2) | The Authority may revoke a licence otherwise than on application |
| |
| |
(a) | it is satisfied that any information given for the purposes of the |
| |
application for the licence was in any material respect false or |
| |
| 15 |
(b) | it is satisfied that the person responsible has failed to discharge, |
| |
or is unable because of incapacity to discharge, the duty under |
| |
| |
(c) | it is satisfied that the person responsible has failed to comply |
| |
with directions given in connection with any licence, |
| 20 |
(d) | it ceases to be satisfied that the premises specified in the licence |
| |
are suitable for the licensed activity, |
| |
(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 |
| 25 |
| |
(f) | it ceases to be satisfied that the holder of the licence is a suitable |
| |
person to hold the licence, |
| |
(g) | it ceases to be satisfied that the person responsible is a suitable |
| |
person to supervise the licensed activity, |
| 30 |
(h) | the person responsible dies or is convicted of an offence under |
| |
| |
(i) | it is satisfied that there has been any other material change of |
| |
circumstances since the licence was granted. |
| |
| 35 |
(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— |
| |
(a) | the application is made with the consent of that other person, |
| |
| |
(b) | the Authority is satisfied that the other person is a suitable |
| 40 |
person to supervise the licensed activity. |
| |
(2) | The Authority may vary a licence on application by— |
| |
(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 |
| |
| |
(4) | The powers under subsections (2) and (3) do not extend to making the |
| |
kind of variation mentioned in subsection (1). |
| 5 |
(5) | The Authority may vary a licence without an application under |
| |
| |
(a) | removing or varying a condition of the licence, or |
| |
(b) | adding a condition to the licence. |
| |
(6) | The powers conferred by this section do not extend to the conditions |
| 10 |
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 |
| |
| |
“19 | Procedure in relation to licensing decisions |
| 15 |
(1) | Before making a decision— |
| |
(a) | to refuse an application for the grant, revocation or variation of |
| |
| |
(b) | to grant an application for a licence subject to a condition |
| |
imposed under paragraph 1(2), 1A(2), 2(2) or 3(6) of Schedule 2, |
| 20 |
| 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 |
| |
Authority shall give notice of the proposed decision and of the reasons |
| |
| 25 |
(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 |
| |
licence, but the Authority considers it appropriate to vary the licence |
| |
otherwise than in accordance with the application, before so varying |
| 30 |
the licence the Authority shall give notice of its proposed decision and |
| |
of the reasons for it to— |
| |
(a) | the person responsible, and |
| |
(b) | the holder of the licence (if different). |
| |
(4) | A person to whom notice is given under subsection (1), (2) or (3) has the |
| 35 |
right to require the Authority to give him an opportunity to make |
| |
representations of one of the following kinds about the proposed |
| |
| |
(a) | oral representations by him, or a person acting on his behalf; |
| |
(b) | written representations by him. |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(1) | In the case of a decision to grant a licence, the Authority shall give |
| 5 |
notice of the decision to— |
| |
| |
(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 |
| |
notice of the decision to— |
| 10 |
(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— |
| |
(a) | the holder of the licence, and |
| 15 |
(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 |
| |
(b) | the holder of the licence (if different). |
| 20 |
(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 |
| |
include a statement of the reasons for the decision. |
| 25 |
(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 |
| |
(1) | Directions may make provision about— |
| 30 |
(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. |
| |
(3) | Such regulations may, in particular, make provision about procedure in |
| 35 |
relation to the determination of applications under this Act and may, in |
| |
| |
(a) | provision for requiring persons to give evidence or to produce |
| |
| |
(b) | provision about the admissibility of evidence.” |
| 40 |
|
| |
|
| |
|
20 | Power to suspend licence |
| |
After section 19B (inserted by section 19 above) insert— |
| |
“19C | Power to suspend licence |
| |
| |
(a) | has reasonable grounds to suspect that there are grounds for |
| 5 |
| |
(b) | is of the opinion that the licence should immediately be |
| |
| |
| it may by notice suspend the licence for such period not exceeding three |
| |
months as may be specified in the notice. |
| 10 |
(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 |
| |
of incapacity to discharge the duty under section 17— |
| 15 |
(a) | to the holder of the licence, or |
| |
(b) | to some other person to whom the licence applies. |
| |
(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) |
| 20 |
even though a notice under subsection (1) is in force.” |
| |
21 | Reconsideration and appeals |
| |
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 |
| 25 |
(1) | If an application for the grant, revocation or variation of a licence is |
| |
refused, the applicant may require the Authority to reconsider the |
| |
| |
(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 |
| 30 |
person who applied for the variation or revocation) may require the |
| |
Authority to reconsider the decision. |
| |
(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 |
| 35 |
concerned was given under section 19A. |
| |
(4) | If the Authority decides — |
| |
(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 |
| 40 |
may require the Authority to reconsider the decision. |
| |
(5) | The right under subsection (4) is exercisable by giving the Authority |
| |
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 |
| |
| |
(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 |
| |
licence in respect of which that notice was given. |
| 5 |
(7) | Subsections (1), (2) and (4) do not apply to a decision on |
| |
| |
| |
(1) | The Authority shall maintain one or more committees to carry out its |
| |
functions in pursuance of notices under section 20. |
| 10 |
(2) | A committee under subsection (1) is referred to in this Act as an appeals |
| |
| |
(3) | Regulations shall make provision about the membership and |
| |
proceedings of appeals committees. |
| |
(4) | Regulations under subsection (3) may, in particular, provide— |
| 15 |
(a) | for the membership of an appeals committee to be made up |
| |
wholly or partly of persons who are not members of the |
| |
| |
(b) | for the appointment of any person to advise an appeals |
| |
committee on prescribed matters. |
| 20 |
(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 |
| 25 |
| |
(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 |
| 30 |
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 |
| |
| 35 |
(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 |
| 40 |
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 |
| |
notice of the decision on reconsideration and a statement of |
| |
reasons for the appeals committee’s decision. |
| |
(4) | Regulations under subsection (2) may, in particular, make different |
| |
provision about the procedure on reconsideration depending upon |
| 5 |
whether the reconsideration is in pursuance of a notice under section |
| |
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 |
| 10 |
to continue the suspension of that licence, and |
| |
(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. |
| |
| 15 |
(a) | “prescribed” means prescribed by regulations under subsection |
| |
| |
(b) | “reconsideration” means reconsideration in pursuance of a |
| |
| |
21 | Appeal on a point of law |
| 20 |
A person aggrieved by a decision on reconsideration in pursuance of a |
| |
notice under section 20 may appeal to the High Court or, in Scotland, |
| |
the Court of Session on a point of law.” |
| |
| |
| 25 |
(1) | Section 24 of the 1990 Act (directions as to particular matters) is amended as |
| |
| |
(2) | After subsection (3A) insert— |
| |
“(3B) | Directions may authorise, in such circumstances and subject to such |
| |
conditions as may be specified in the directions, the keeping, by or on |
| 30 |
behalf of a person to whom a licence applies, of human admixed |
| |
embryos in the course of their carriage to or from any premises.” |
| |
(3) | In subsection (4) for “or embryos”, in both places, substitute “, embryos or |
| |
| |
(4) | After subsection (4A) insert— |
| 35 |
“(4B) | Regulations may make provision requiring or authorising the giving of |
| |
directions in relation to particular matters which are specified in the |
| |
regulations and relate to activities falling within section 4A(2) |
| |
(activities involving genetic material of animal origin).” |
| |
(5) | For subsections (5) to (10) substitute— |
| 40 |
“(5A) | Directions may make provision for the purpose of dealing with a |
| |
situation arising in consequence of— |
| |
(a) | the variation of a licence, or |
| |
|
| |
|
| |
|
(b) | a licence ceasing to have effect. |
| |
(5B) | Directions under subsection (5A)(a) may impose requirements— |
| |
(a) | on the holder of the licence, |
| |
(b) | on the person who is the person responsible immediately before |
| |
or immediately after the variation, or |
| 5 |
(c) | on any other person, if that person consents. |
| |
(5C) | Directions under subsection (5A)(b) may impose requirements— |
| |
(a) | on the person who holds the licence immediately before the |
| |
licence ceases to have effect, |
| |
(b) | on the person who is the person responsible at that time, or |
| 10 |
(c) | on any other person, if that person consents. |
| |
(5D) | Directions under subsection (5A) may, in particular, require anything |
| |
kept, or information held, in pursuance of the licence to be transferred |
| |
in accordance with the directions. |
| |
(5E) | Where a licence has ceased to have effect by reason of the death or |
| 15 |
dissolution of its holder, anything subsequently done by a person |
| |
before directions are given under subsection (5A) shall, if the licence |
| |
would have been authority for doing it, be treated as authorised by a |
| |
| |
(6) | In subsection (11), for “3(5)” substitute “3(2)”. |
| 20 |
| |
(1) | Section 25 of the 1990 Act (code of practice) is amended as follows. |
| |
(2) | In subsection (2), for “a father” substitute “supportive parenting”. |
| |
(3) | After that subsection insert— |
| |
“(2A) | The code shall also give guidance about— |
| 25 |
(a) | the giving of a suitable opportunity to receive proper |
| |
| |
(b) | the provision of such relevant information as is proper, |
| |
| in accordance with any condition that is by virtue of section 13(6) or |
| |
(6A) a condition of a licence under paragraph 1 of Schedule 2.” |
| 30 |
(4) | In subsection (6)(a) and (b), for “a licence committee” substitute “the |
| |
| |
| |
24 | Register of information |
| |
For section 31 of the 1990 Act (the Authority’s register of information) |
| 35 |
| |
“31 | Register of information |
| |
(1) | The Authority shall keep a register which is to contain any information |
| |
which falls within subsection (2) and which— |
| |
|
| |
|