Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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)
for “and embryos” substitute “, embryos and human admixed
embryos”, and
(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
under subsection (1) if—
(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,
15
(b)
it is satisfied that the person responsible has failed to discharge,
or is unable because of incapacity to discharge, the duty under
section 17,
(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
the licence,
(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
this Act, or
(i)
it is satisfied that there has been any other material change of
circumstances since the licence was granted.
18A
Variation of licence
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,
and
(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).

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
14

(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).
(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
subsection (2) by—
(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
licence) substitute—
“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
a licence, or
(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
for it to—
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
decision, namely—
(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
(3) was given.

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
15

(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—
(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
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
particular, include—
(a)
provision for requiring persons to give evidence or to produce
documents;
(b)
provision about the admissibility of evidence.”
40

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
16

20
Power to suspend licence
After section 19B (inserted by section 19 above) insert—
“19C
Power to suspend licence
(1)
Where the Authority—
(a)
has reasonable grounds to suspect that there are grounds for
5
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
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
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
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

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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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
licence in respect of which that notice was given.
5
(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
functions in pursuance of notices under section 20.
10
(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.
(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
Authority, and
(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
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
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
representative,
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

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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(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.
(6)
In this section—
15
(a)
“prescribed” means prescribed by regulations under subsection
(2), and
(b)
“reconsideration” means reconsideration in pursuance of a
notice under section 20.
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.”
Directions and guidance
22
Directions
25
(1)
Section 24 of the 1990 Act (directions as to particular matters) is amended as
follows.
(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
human admixed embryos”.
(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

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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(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
licence.”
(6)
In subsection (11), for “3(5)” substitute “3(2)”.
20
23
Code of practice
(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
counselling, and
(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
Authority”.
Information
24
Register of information
For section 31 of the 1990 Act (the Authority’s register of information)
35
substitute—
“31
Register of information
(1)
The Authority shall keep a register which is to contain any information
which falls within subsection (2) and which—