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Human Tissue Bill


Human Tissue Bill
Schedule 4 — Inspectorates: Boards

53

 

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 50: Supplementary
Part 1 — Qualifying consent

54

 

Schedule 5

Section 50

 

Section 50: Supplementary

Part 1

Qualifying consent

Introductory

5

1          

This Part of this Schedule makes provision for the interpretation of

“qualifying consent” in section 50(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 50: Supplementary
Part 2 — Use for an excepted purpose

55

 

           

“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 50(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;

20

(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—

35

(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 50: Supplementary
Part 2 — Use for an excepted purpose

56

 

      (5)  

Sub-paragraph (1)(g) shall not be taken to confer any power to make orders

or give directions.

Purpose of research in connection with disorders, or functioning, of the human body

6     (1)  

Use of the results of an analysis of DNA for the purpose of research in

connection with disorders, or the functioning, of the human body is use for

5

an excepted purpose if the bodily material concerned is the subject of an

order under sub-paragraph (2).

      (2)  

The Secretary of State may by regulations specify circumstances in which the

High Court or the Court of Session may order that this paragraph apply to

bodily material.

10

Purposes relating to existing holdings

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 an existing

holding—

(a)   

clinical audit;

15

(b)   

determining the cause of death;

(c)   

education or training relating to—

(i)   

human health, or

(ii)   

research in connection with disorders, or the functioning, of

the human body;

20

(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

deceased person which may be relevant to any other person

(including a future person);

25

(f)   

performance assessment;

(g)   

public health monitoring;

(h)   

quality assurance;

(i)   

research in connection with disorders, or the functioning, of the

human body;

30

(j)   

transplantation.

Purposes relating to material from body of a living person

8          

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

body of a living person—

35

(a)   

clinical audit;

(b)   

education or training relating to human health, other than education

or training of the kind mentioned in paragraph 7(c)(ii);

(c)   

performance assessment;

(d)   

public health monitoring;

40

(e)   

quality assurance.

9     (1)  

Use of the results of an analysis of DNA for the purpose of obtaining

scientific or medical information about the person whose body

manufactured the DNA is use for an excepted purpose if—

 

 

Human Tissue Bill
Schedule 5 — Section 50: Supplementary
Part 2 — Use for an excepted purpose

57

 

(a)   

the bodily material concerned is the subject of an order under sub-

paragraph (2) or (3), and

(b)   

the information may be relevant to the person for whose benefit the

order is made.

      (2)  

If the High Court is satisfied—

5

(a)   

that bodily material has come from the body of a living person,

(b)   

that it is not reasonably possible to trace the person from whose body

the material has come (“the donor”),

(c)   

that it is desirable in the interests of another person (including a

future person) that DNA in the material be analysed for the purpose

10

of obtaining scientific or medical information about the donor, and

(d)   

that there is no reason to believe—

(i)   

that the donor has died,

(ii)   

that a decision of the donor to refuse consent to the use of the

material for that purpose is in force, or

15

(iii)   

that the donor lacks capacity to consent to the use of the

material for that purpose,

           

it may order that this paragraph apply to the material for the benefit of the

other person.

      (3)  

If the Court of Session is satisfied—

20

(a)   

that bodily material has come from the body of a living person,

(b)   

that it is not reasonably possible to trace the person from whose body

the material has come (“the donor”),

(c)   

that it is desirable in the interests of another person (including a

future person) that DNA in the material be analysed for the purpose

25

of obtaining scientific or medical information about the donor, and

(d)   

that there is no reason to believe—

(i)   

that the donor has died,

(ii)   

that a decision of the donor to refuse consent to the use of the

material for that purpose is in force, or

30

(iii)   

that the donor is an incapable adult within the meaning of the

Adults with Incapacity (Scotland) Act 2000 (asp 4),

           

it may order that this paragraph apply to the material for the benefit of the

other person.

10         

Use of the results of an analysis of DNA for the purpose of research in

35

connection with disorders, or the functioning, of the human body is use for

an excepted purpose if—

(a)   

the bodily material concerned is from the body of a living person,

(b)   

the research is ethically approved in accordance with regulations

made by the Secretary of State, and

40

(c)   

the analysis is to be carried out in circumstances such that the person

carrying it out is not in possession, and not likely to come into

possession, of information from which the individual from whose

body the material has come can be identified.

Purpose authorised under section 1

45

11         

Use of the results of an analysis of DNA for a purpose specified in paragraph

7 is use for an excepted purpose if the use in England and Wales, or Northern

 

 

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

58

 

Ireland, for that purpose of the bodily material concerned is authorised by

section 1(1) or (10)(c).

Purposes relating to DNA of adults who lack capacity to consent

12    (1)  

Use of the results of an analysis of DNA for a purpose specified under sub-

paragraph (2) is use for an excepted purpose if—

5

(a)   

the DNA has been manufactured by the body of a person who—

(i)   

has attained the age of 18 years and, under the law of

England and Wales or Northern Ireland, lacks capacity to

consent to analysis of the DNA, or

(ii)   

under the law of Scotland, is an adult with incapacity within

10

the meaning of the Adults with Incapacity (Scotland) Act

2000 (asp 4), and

(b)   

neither a decision of his to consent to analysis of the DNA for that

purpose, nor a decision of his not to consent to analysis of it for that

purpose, is in force.

15

      (2)  

The Secretary of State may by regulations specify for the purposes of this

paragraph purposes for which DNA may be analysed.

Power to amend paragraphs 5, 7 and 8

13         

The Secretary of State may by order amend paragraph 5, 7 or 8 for the

purpose of—

20

(a)   

varying or omitting any of the purposes specified in that paragraph,

or

(b)   

adding to the purposes so specified.

Schedule 6

Section 53

 

Powers of inspection, entry, search and seizure

25

Inspection of statutory records

1     (1)  

A duly authorised person may require a person to produce for inspection

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

30

require the records to be made available for inspection—

(a)   

in a visible and legible form, or

(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

35

produced for inspection in pursuance of a requirement under this

paragraph.

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.

40

 

 

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

59

 

      (2)  

The power in sub-paragraph (1) is exercisable for purposes of the

Authority’s functions in relation to licences.

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

5

believing—

(a)   

that an offence under Part 1 or 2 is being, or has been, committed on

any premises, and

(b)   

that any of the conditions in sub-paragraph (2) is met in relation to

the premises,

10

           

he may by signed warrant authorise a duly authorised person to enter the

premises, if need be by force, and search them.

      (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

15

has been given to the occupier;

(b)   

that the premises are unoccupied;

(c)   

that the occupier is temporarily absent;

(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

20

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.

Execution of warrants

4     (1)  

Entry and search under a warrant under paragraph 3 is unlawful if any of

25

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

entry at a reasonable time.

      (3)  

If the occupier of the premises to which the warrant relates is present when

30

the person executing the warrant seeks to enter them, the person executing

the warrant shall—

(a)   

produce the warrant to the occupier, and

(b)   

give him—

(i)   

a copy of the warrant, and

35

(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

person is present who appears to the person executing the warrant to be in

charge of the premises, the person executing the warrant shall—

40

(a)   

produce the warrant to that other person,

(b)   

give him—

(i)   

a copy of the warrant, and

(ii)   

an appropriate statement, and

(c)   

leave a copy of the warrant in a prominent place on the premises.

45

 

 

 
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