Human Tissue Act 2004

Permission for the purposes of the licence condition required by paragraph 3(2) E+W+N.I.

12 (1) This paragraph applies to a licence authorising the storage of anatomical specimens. E+W+N.I.

(2) The reference to the Authority’s permission in the condition of the licence required by paragraph 3(2) (“the authorisation condition”) is to—

(a) permission granted by the Authority on an application made, in conjunction with the application for the licence, by—

(i) the applicant for the licence, or

(ii) the person who, within the meaning of paragraph 6, is the proposed designated individual, or

(b) permission granted by the Authority on application by—

(i) the holder of the licence, or

(ii) the designated individual.

(3) The Authority may grant permission to an individual for the purposes of the authorisation condition only if it is satisfied that the individual is a suitable person to give authorisation under that condition.

(4) The Authority may revoke permission granted to an individual for the purposes of the authorisation condition—

(a) on application by the individual, the designated individual or the holder of the licence, or

(b) if it ceases to be satisfied that the individual is a suitable person to give authorisation under that condition.

(5) Before refusing an application for the grant or revocation of permission, the Authority shall give the applicant notice of the proposed refusal and of the reasons for it.

(6) Before revoking permission under sub-paragraph (4)(b), the Authority shall give notice of the proposed revocation and of the reasons for it—

(a) to the individual concerned, and

(b) to the designated individual and, where different, the holder of the licence.

(7) Paragraph 10(3) and (4) shall apply in relation to notice under sub-paragraph (5) or (6) as to notice under paragraph 10(1).

(8) In the case of a decision to refuse an application for the grant or revocation of permission, the Authority shall give notice of the decision to the applicant.

(9) In the case of a decision to grant or revoke permission, the Authority shall give notice of the decision—

(a) to the individual concerned, and

(b) to the designated individual and, where different, the holder of the licence.

(10) Notice under sub-paragraph (8), and notice under sub-paragraph (9) of revocation under sub-paragraph (4)(b), shall include a statement of the reasons for the refusal or revocation.

(11) Where the Authority—

(a) has reasonable grounds to suspect that there are grounds for revoking permission granted to an individual for the purposes of the authorisation condition, and

(b) is of the opinion that the permission should immediately be suspended,

it may by notice suspend the permission for such period not exceeding three months as may be specified in the notice.

(12) The Authority may continue suspension under sub-paragraph (11) by giving a further notice under that sub-paragraph.

(13) Notice under sub-paragraph (11) shall be given to—

(a) the individual concerned, and

(b) the designated individual and, where different, the holder of the licence.

Commencement Information

I1 Sch. 3 para. 12 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2 Sch. 3 para. 12 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)

I3 Sch. 3 para. 12 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)

I4 Sch. 3 para. 12 in force at 31.7.2006 for specified purposes by S.I. 2006/1997, art. 2, Sch. (with art. 4)

I5 Sch. 3 para. 12 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)