The Human Tissue (Quality and Safety for Human Application) Regulations 2007

PART 1 U.K. CITATION, COMMENCEMENT, EXTENT AND INTERPRETATION

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Human Tissue (Quality and Safety for Human Application) Regulations 2007.

(2) Except as provided by paragraph (3), these Regulations shall come into force on 5 July 2007.

(3) These Regulations shall come into force on the day after the day on which they are made so far as necessary to enable anything (including the fixing of fees) to be done for the purposes of granting, varying, suspending or revoking licences in respect of activities required by virtue of these Regulations to be authorised by a licence on the commencement date.

Extent and application U.K.

2.—(1) These Regulations extend to England and Wales and Northern Ireland.

(2) Parts 1 to 5 and 7 of, and the Schedules to, these Regulations also extend to Scotland.

(3) These Regulations shall not apply in relation to the processing, preservation, storage, distribution, [F1 import and export] [F1 import into the United Kingdom and export from the United Kingdom] of tissue or cells for use in manufactured products, including medical devices, to the extent that such activities are regulated by—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (b) the Human Medicines Regulations 2012;]

(c) the Medical Devices Regulations 2002 M1 , or

(d) the Medicines for Human Use (Clinical Trials) Regulations 2004 M2 .

(4) Paragraph (3) does not limit the application of the amendments made by Part 6 of these Regulations.

Textual Amendments

F1 Words in reg. 2(3) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(1)

F2 Reg. 2(3)(a) omitted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 92(a) (with Sch. 32)

F3 Reg. 2(3)(b) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 92(b) (with Sch. 32)

Marginal Citations

M1 SI 2002/618, as amended by SI 2003/1697, SI 2005/2759 and 2909.

M2 SI 2004/1031, as amended by 2005/2754 and 2759 and SI 2006/1928 and 2984.

Designation of the competent authority U.K.

3.  The Human Tissue Authority (in these Regulations referred to as “ the Authority”) is designated the competent authority for the purposes of [F4 the first, second and third Directives] [F4 the first, second, third and fourth Directives] so far as they relate to tissue and cells.

Textual Amendments

F4 Words in reg. 3 substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(2)

References to Directives U.K.

4.  In these Regulations—

“the first Directive” means Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells M3 ,

“the second Directive” means Commission Directive 2006/17/EC implementing Directive 2004/23/EC of the European Parliament and of the Council of 8 February 2006 as regards certain technical requirements for the donation, procurement and testing of human tissues and cells M4 , [F5 as amended by Commission Directive 2012/39/EU,] and

“the third Directive” means Commission Directive 2006/86/EC implementing Directive 2004/23/EC of the European Parliament and of the Council of 24 October 2006 as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells M5 [F6 as amended by Commission Directive 2015/565/EU,].

[F7 “the fourth Directive” means Commission Directive 2015/566 of 8th April 2015 implementing Directive 2004/23/EC as regards the procedures for verifying the equivalent standards of quality and safety of imported tissues and cells.]

Textual Amendments

F5 Words in reg. 4 inserted (15.12.2014) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2014 (S.I. 2014/2883), regs. 1, 2

F6 Words in reg. 4 inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(3)(a)

F7 Words in reg. 4 inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(3)(b)

Marginal Citations

M3 OJ L102, 7.4.2004, p.48.

M4 OJ L38, 9.2.2006, p.40.

M5 OJ L294, 25.10.2006, p.32.

Interpretation of other terms U.K.

5.—(1) In these Regulations—

“the 2004 Act” means the Human Tissue Act 2004 M6 ;

“autologous graft” means tissue or cells removed from and applied in the same person within the same surgical procedure;

“blood” means whole human blood collected from a donor and processed either for transfusion or for further manufacturing;

“blood component” means a therapeutic constituent of human blood (red cells, white cells, platelets and plasma) that can be prepared by various methods, but does not include lymphocytes intended for use for the purpose of haematopoietic stem cell transplantation;

[F8 “a case of emergency” means any unforeseen situation in which there is no practical alternative other than to urgently import into the United Kingdom from a third country or to export from the United Kingdom to a third country tissues or cells for immediate application to a known recipient whose health would otherwise be seriously endangered;]

“the commencement date” means 5 July 2007;

“cells” means individual human cells or a collection of human cells when not bound by any form of connective tissue, including cell lines grown outside the human body but not including—

(a)

gametes,

(b)

embryos outside the human body, or

(c)

blood and blood components;

“designated individual”, in relation to a licence under Schedule 1, means the individual designated in the licence as the person under whose supervision the licensed activity is authorised to be carried on;

[F8 “distribution” in relation to tissues or cells intended for human application means transportation or delivery to any person in or outside the United Kingdom for human application, and related terms are to be interpreted accordingly;]

[F9 “export” means export from the United Kingdom to a place outside the United Kingdom;]

“human application”, in relation to tissue or cells, means use on or in a human recipient, including use in extracorporeal applications but not including use for autologous graft;

[F9 “import” means import into the United Kingdom from a place outside the United Kingdom;]

[F8 “importing licence holder” means a licence holder who is authorised by that licence to import tissues or cells intended for human application into the United Kingdom from a third country;]

“licence holder” means a person who holds a licence under Schedule 1;

“licensed activity”, in relation to a licence, means an activity which the licence authorises under Schedule 1;

“relevant third party premises” has the meaning given by regulation 6(2);

“serious adverse event” means any untoward occurrence which may be associated with the procurement, testing, processing, storage or distribution of tissue or cells intended for human application and which, in relation to a donor of tissue or cells intended for human application or a recipient of tissue or cells—

(a)

might lead to the transmission of a communicable disease, to death, or life-threatening, disabling or incapacitating conditions, or

(b)

might result in, or prolong, hospitalisation or morbidity;

“serious adverse reaction” means an unintended response, including a communicable disease, in a donor of tissue or cells intended for human application or a recipient of tissue or cells, which may be associated with the procurement or human application of tissue or cells and which is fatal, life-threatening, disabling, incapacitating or which results in, or prolongs, hospitalisation or morbidity;

“storage” means maintaining tissue or cells, whether by preservation or in any other way, for more than 48 hours, and “store” is to be interpreted accordingly;

“tissue” means all constituent parts of the human body formed by cells, but does not include—

(a)

gametes,

(b)

embryos outside the human body, or

(c)

organs or parts of organs if it is their function to be used for the same purpose as the entire organ in the human body;

[F8 “third country” means a country which is not an EEA state or Gibraltar;]

[F8 “third country premises” means premises—

(a)

in a third country; and

(b)

on, or from which, a third country supplier, or a person providing services to a third country supplier, procures, tests, processes, stores, distributes or exports tissues or cells that are intended for import into the United Kingdom for human application;]

[F8 “third country supplier” means a person in a third country who has an agreement with an importing licencing holder for exporting tissues or cells intended for import into the United Kingdom for human application;]

“third party” has the meaning given by regulation 6(2); and

“third party agreement” has the meaning given by regulation 6(1).

(2) Subject to paragraph (1) and except as otherwise provided in these Regulations, words and expressions used in these Regulations have the same meaning as in Article 3 of the first Directive, Article 1 of the second Directive [F10 and Article 2 of the third Directive (definitions)] [F10 , Article 2 of the third Directive and Article 2 of the fourth Directive (definitions)].

(3) Subject to paragraphs (1) and (2) and except as otherwise provided in these Regulations, words and expressions used in these Regulations have the same meaning as in the 2004 Act as amended by these Regulations [F11 and the Human Fertilisation and Embryology Act 2008].

(4) For the purposes of these Regulations—

(a) [F12 a person who, from any premises, controls the provision of services for transporting tissue or cells is to be taken to distribute tissue or cells on those premises; and]

[F12 a person who, from any premises, controls the provision of services for transporting or delivering tissues or cells to any person in or outside the United Kingdom for human application is to be taken to distribute tissues or cells on those premises; and]

(b) any reference to a requirement of any provision of the first, second [F13 or third] [F13 , third or fourth] Directive is a reference to a requirement which the provision requires be imposed in relation to the procurement, testing, processing, storage, distribution, import or export of tissue or cells intended for human application.

Textual Amendments

F8 Words in reg. 5(1) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(4)(a)(i)

F9 Words in reg. 5(1) omitted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(4)(a)(ii)

F10 Words in reg. 5(2) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(4)(b)

F11 Words in reg. 5(3) inserted (1.10.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(b), Sch. 3 para. 7 (with Sch. 4)

F12 Reg. 5(4)(a) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(4)(c)(i)

F13 Words in reg. 5(4)(b) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(4)(c)(ii)

Marginal Citations

M6 2004 c.30.

References to third party agreements etc U.K.

6.—(1) For the purposes of these Regulations a third party agreement is an agreement in writing between a licence holder (or the designated individual on behalf of the licence holder) and another person, which is made in accordance with any directions given by the Authority under section 23(1) of the 2004 Act for the purpose of securing compliance with the requirements of Article 24 of the first Directive (relations between tissue establishments and third parties), and under which the other person—

(a) carries on a licensed activity [F14 (other than storage)] [F14 (other than storage or import into the United Kingdom from a third country)] , on behalf of the licence holder, or

(b) supplies to the licence holder any goods or services which may affect the quality or safety of tissue or cells.

(2) In these Regulations—

“relevant third party premises”, in relation to a licence under Schedule 1, means any premises (other than premises to which the licence relates)—

(a)

on which a third party procures, tests, processes or distributes, [F15 or to which a third party imports] or from which a third party exports [F16 from the United Kingdom to a third country], tissue or cells on behalf of any person authorised by a licence to carry on that activity, or

(b)

from which a third party provides any goods or services which may affect the quality or safety of tissue or cells to any person in connection with licensed activities carried on by that person; and

“third party” means a person with whom a licence holder has a third party agreement.

Textual Amendments

F14 Words in reg. 6(1)(a) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(5)(a)

F15 Words in reg. 6(2) omitted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(5)(b)(i)

F16 Words in reg. 6(2) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 2(5)(b)(ii)

PART 2 U.K. LICENSING OF ACTIVITIES RELATING TO THE USE OF TISSUE FOR HUMAN APPLICATION

Licensing requirement U.K.

7.—(1) No person shall store tissue or cells intended for human application otherwise than under the authority of a licence under Schedule 1.

[F17 (1A) Subject to paragraphs (4) and (5), no person may import into the United Kingdom from a third country tissues or cells that are intended for human application otherwise than under the authority of a licence under Schedule 1.]

(2) Subject to paragraphs (4) and [F18 (5)], no person shall do an activity to which this paragraph applies otherwise than—

(a) under the authority of a licence under Schedule 1, or

(b) in pursuance of a third party agreement.

(3) Paragraph (2) applies to the procurement, testing, processing, distribution[F19 , import] or export [F20 from the United Kingdom to a third country] of tissue and cells intended for human application.

(4) [F21 The Authority may authorise any person to distribute, import or export tissue or cells directly from where the procurement takes place to an organisation responsible for human application for immediate human application.]

[F21 The Authority may authorise any person to distribute, import into the United Kingdom from a third country or export from the United Kingdom to a third country tissues or cells directly from where the procurement takes place to an organisation responsible for human application for immediate human application where that authorisation relates to tissues or cells specified by the Authority for the purposes of Article 6(5) of the first Directive.]

(5) [F22 The Authority may not authorise distribution, import or export under paragraph (4) unless—

(a) the authorisation relates to tissue or cells specified for the purposes of Article 6(5) of the first Directive, and

(b) the Authority is satisfied—

(i) that the distribution, import or export is necessary for clinical reasons, and

(ii) that the case is one of emergency.]

[F22 Where the Authority is satisfied that there is a case of emergency, it may authorise any person to distribute, import into the United Kingdom from a third country or export from the United Kingdom to a third country tissues or cells.]

(6) [F23 Paragraph (2) shall not apply to the distribution to or from, or to the import from or the export to, tissue establishments which are accredited, designated, authorised or licensed under the laws or other measures adopted in an EEA state other than the United Kingdom or in Gibraltar for the purpose of implementing the first, second and third Directives.]

(7) Schedule 1 shall apply in relation to licences for the purposes of this regulation.

Textual Amendments

F17 Reg. 7(1A) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(a)

F18 Word in reg. 7(2) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(b)

F19 Word in reg. 7(3) omitted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(c)(i)

F20 Words in reg. 7(3) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(c)(ii)

F21 Reg. 7(4) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(d)

F22 Reg. 7(5) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(e)

F23 Reg. 7(6) omitted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(1)(f)

[F24 Import from the EEA and Gibraltar U.K.

7A.— (1) No person may import tissues or cells intended for human application into the United Kingdom from an EEA state or Gibraltar, unless—

(a) the import is from a tissue establishment which is accredited, designated, authorised or licensed under the laws or other measures adopted in an EEA state, other than the United Kingdom, or in Gibraltar for the purpose of implementing the first, second and third Directives; or

(b) the import—

(i) is from a person who is approved to procure tissues or cells intended for human application under the laws or other measures adopted in an EEA state other than the United Kingdom or in Gibraltar for the purpose of implementing the first, second or third Directives; and

(ii) follows the procurement of those tissues or cells in conditions accredited, designated, authorised or licensed under the laws or other measures adopted in an EEA state, other than the United Kingdom, or in Gibraltar for the purpose of implementing the first, second or third Directives.]

Textual Amendments

F24 Reg. 7A inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(2)

Application of the 2004 Act in relation to licences under Schedule 1 U.K.

8.—(1) The provisions of the 2004 Act mentioned in paragraph (2) shall apply, subject to the modifications specified in paragraphs (4) to (7), in relation to a licence under Schedule 1 as they apply in relation to licences under paragraph 1 of Schedule 3 (licences for the purposes of section 16) to that Act.

(2) The provisions mentioned in paragraph (1) are—

(a) section 17 (persons to whom licence applies),

(b) section 19(1), (2), (5) and (7) (right to reconsideration of licensing decisions),

(c) sections 20 to 24 (which relate to appeals and powers to give directions),

(d) section 37(1) to (5) (directions), and

(e) paragraphs 2(4)(c) to (f) and (5), 5, 7 to 11, and 13 of Schedule 3 (licences for the purposes of section 16).

(3) In their application by virtue of this regulation, those provisions extend to Scotland (as well as to the rest of the United Kingdom).

(4) In its application by virtue of paragraph (2)(c), section 22 of the 2004 Act is to have effect in Scotland as if the reference to the High Court were a reference to the Court of Session.

(5) In its application by virtue of paragraph (2)(d), section 37(1) and (5) of the 2004 Act shall be read—

(a) as if the reference in subsection (1) to Part 2 of the 2004 Act were to these Regulations, and

(b) as if any reference in subsection (5) to a licence were to a licence under Schedule 1 to these Regulations.

(6) In their application by virtue of paragraph (2)(e), paragraphs 7(2)(b) and 9(3) of Schedule 3 to the 2004 Act shall be read as if the reference to section 18 of that Act were to regulation 12 of these Regulations.

(7) In its application by virtue of paragraph (2)(e), paragraph 7(2)(c) of Schedule 3 to the 2004 Act is to be read as including a reference to any relevant third party premises in relation to the licence and to the activity carried on on such premises in connection with the licensed activity.

Extension of other provisions of the 2004 Act to Scotland U.K.

9.—(1) Section [F25 14 (remit), section] 15(a), (b), (c)(ii), (d), (e) and (f) (general functions) and section 26(1) and (4) to (8) (preparation of codes) of the 2004 Act shall extend to Scotland (as well as to the rest of the United Kingdom), subject to the modifications specified in paragraph (2), so far as those provisions relate to activities within section 14(1)(h) of that Act.

(2) In its application by virtue of paragraph (1)—

(a) section 15(e) and (f) of the 2004 Act is to be read as including a reference to the Scottish Ministers;

(b) section 26(5) of the 2004 Act is to be read as including a duty to consult the Scottish Ministers if the code of practice relates to Scotland; and

(c) section 26(8) of the 2004 Act is to be read as including a reference to Scotland.

Textual Amendments

F25 Words in reg. 9(1) inserted (12.7.2012 for specified purposes, 27.8.2012 in so far as not already in force) by The Quality and Safety of Organs Intended for Transplantation Regulations 2012 (S.I. 2012/1501), regs. 1(2)(3), 28

Breach of requirement to hold a licence or to act under a third party agreement U.K.

10.—(1) A person who contravenes regulation 7(1) commits an offence unless he reasonably believes—

(a) that what he does is not an activity to which regulation 7(1) applies; or

(b) that he acts under the authority of a licence under Schedule 1.

[F26 (1A) A person who contravenes regulation 7(1A) commits an offence unless he reasonably believes—

(a) that what he does is not an activity to which regulation 7(1A) applies; or

(b) that he acts—

(i) under the authority of a licence under Schedule 1; or

(ii) in pursuance of an authorisation under regulation 7(4).]

(2) A person who contravenes regulation 7(2) commits an offence unless he reasonably believes—

(a) that what he does is not an activity to which regulation 7(2) applies; or

(b) that he acts—

(i) under the authority of a licence under Schedule 1,

(ii) in pursuance of a third party agreement, or

(iii) in pursuance of an authorisation under regulation 7(4).

[F27 (2A) A person who contravenes regulation 7A commits an offence unless he reasonably believes—

(a) that what he does is not an activity to which regulation 7A applies; or

(b) that an exception under regulation 7A(1)(a) or (b) applies.]

(3) A person guilty of an offence under [F28 paragraph (1) or (2)] [F28 paragraph (1), (1A), (2) or (2A)] shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both.

Textual Amendments

F26 Reg. 10(1A) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(3)(a)

F27 Reg. 10(2A) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(3)(b)

F28 Words in reg. 10(3) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(3)(c)

Preconditions to grant of licence U.K.

11.—(1) The Authority may not grant a licence under Schedule 1 unless the following requirements are met.

(2) The proposed designated individual must—

(a) be the applicant for the licence, or

(b) consent to the application for the licence.

(3) The Authority must be satisfied that the proposed designated individual—

(a) is a suitable person to supervise the activity to be authorised by the licence,

(b) will perform the duty imposed by regulation 12,

(c) either—

(i) has a diploma, certificate or other evidence of formal qualification in the fields of medical or biological sciences awarded on completion of a university course of study, or other course of study recognised in the United Kingdom as equivalent, or

(ii) is otherwise considered by the Authority to be suitably qualified on the basis of academic qualifications and practical experience, and

(d) has at least two years' practical experience which is directly relevant to the activity to be authorised by the licence.

(4) Where the applicant for the licence is not the proposed designated individual, the Authority must be satisfied that the applicant is a suitable person to be the holder of the licence.

[F29 (4A) In the case of an application for a licence to make qualifying imports (which are not one-off imports), the Authority must be satisfied that—

(a) the applicant has taken any measures as may be specified by the Authority for the purposes of ensuring that any qualifying tissues or cells imported from a third country will meet standards of quality and safety equivalent to those laid down in these Regulations;

(b) the applicant has provided to the Authority, whether in connection with this application or a previous application—

(i) the information set out in Parts A to E of Annex I to the fourth Directive (information to be provided by importing tissue establishments);

(ii) the documents set out in Part F to Annex I to the fourth Directive (documentation to be provided by importing tissue establishments);

(c) the applicant has—

(i) made available for inspection by the Authority, whether in connection with this application or a previous application, any documents listed in Parts A and B of Annex III to the fourth Directive (availability and provision of documentation by importing tissue establishments); and

(ii) if requested by the Authority, provided any documents falling within paragraph (i) to the Authority;

(d) the applicant has entered into a written agreement with any proposed third country supplier;

(e) any written agreement mentioned in sub-paragraph (d) complies with the requirements of Article 7(2) and (3) of the fourth Directive (written agreements); and

(f) the applicant has provided the Authority with a copy of any written agreement mentioned in sub-paragraph (d).

(4B) In the case of an application for a licence to make qualifying imports which are one-off imports, the Authority must be satisfied that—

(a) the applicant has taken any measures as may be specified by the Authority for the purposes of ensuring that any qualifying tissues or cells imported from a third country will meet standards of quality and safety equivalent to those laid down in these Regulations;

(b) the applicant has provided to the Authority, whether in connection with this application or a previous application, the information set out in Parts A to E of Annex I to the fourth Directive (information to be provided by importing tissue establishments); and

(c) the applicant has provided the Authority with any information or documents as may be specified by the Authority for the purposes of securing compliance with the requirements of Articles 5(2) and 7(1) of the fourth Directive (requirements in relation to one-off imports).

(4C) In paragraphs (4A) and (4B)—

(a) a reference to a “one-off import” is a reference to an import of a specific type of tissues or cells, which will be for the personal use of an intended recipient who is known to the applicant and the third country supplier before the import occurs, and which, in relation to any given recipient, occurs only once, except where the proposed designated individual is satisfied that—

(i) the tissues or cells to be imported are of the same type as the tissues or cells previously imported and will be used for further treatment;

(ii) the quality and safety of any tissues or cells previously imported under paragraph (i) may not meet standards of quality and safety equivalent to those laid down in these Regulations and a further import is needed; or

(iii) it is desirable for those tissues or cells to be imported on separate occasions in order to protect against the risk of loss or damage in transit;

(b) “qualifying import” means the import into the United Kingdom from a third country of tissues or cells intended for human application;

“qualifying tissues or cells” means tissues or cells intended for human application.]

(5) The Authority must be satisfied that—

(a) any premises in respect of which the licence is to be granted, and

(b) any premises which are proposed to be relevant third party premises in relation to the licence to be granted,

are suitable for the activity to be authorised by the licence.

(6) A copy of the conditions to be imposed by the licence must have been shown to, and acknowledged in writing by—

(a) the applicant for the licence, and

(b) where different, the proposed designated individual.

(7) In this regulation, references to the proposed designated individual are to the individual whom the application proposes that the licence should designate as the person under whose supervision the activity to be authorised by the licence is to be carried on.

Textual Amendments

F29 Reg. 11(4A)-(4C) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 3(4)

Duty of designated individual U.K.

12.  It shall be the duty of the designated individual to secure—

(a) that the other persons to whom the licence applies are suitable persons to participate in the carrying-on of the licensed activity,

(b) that suitable practices are used in the course of carrying on that activity, and

(c) that—

(i) the conditions of the licence,

(ii) the conditions of third party agreements, in relation to the licensed activities authorised to be carried on under his supervision, and

(iii) the requirements of regulation 13(1),

are complied with.

Information and confidentiality U.K.

13.—(1) It shall be a condition of every licence under Schedule 1 that all necessary arrangements are made to ensure that all information which is collected in pursuance of the licence or a third party agreement in relation to the licence—

(a) is available for the purpose of tracing donations;

(b) is kept up-to-date and corrected without delay where any discrepancy relating to such information is identified; and

(c) is held securely and subject to safeguards against unauthorised additions, deletions, modifications or transfer of information.

(2) Any information which is collected in pursuance of a licence under Schedule 1 or a third party agreement, and from which a donor (living or deceased) or recipient of tissue or cells may be identified, shall not be disclosed except where such disclosure—

(a) is of information which has been rendered anonymous so that neither the donor nor recipient is identifiable,

(b) is made in accordance with an order of a court,

(c) is otherwise required by law,

(d) is made to a person as a member or employee of the Authority,

(e) is made to a person who is otherwise acting on behalf of the Authority in the exercise of its functions under these Regulations, including in particular its functions under Part 5 of these Regulations,

(f) is made to a tissue establishment for the purpose of tracing a donation from donor to recipient or recipient to donor,

(g) is made to a licence holder or a person to whom a licence applies for the purposes of his functions under the licence,

(h) is made to a third party in relation to a licence for the purposes of his functions under a third party agreement,

(i) is made pursuant to any consent to disclosure given by the person, being the donor or recipient of the tissue or cells, whose identity would be disclosed,

(j) is necessary—

(i) for any purpose preliminary to proceedings,

(ii) for the purpose of, or in connection with, any proceedings,

(iii) for the purpose of reporting a suspected offence,

(iv) for the purpose of cooperating with a police investigation,

(v) for the purpose of investigating a serious adverse event or serious adverse reaction,

(k) is made by a licence holder or designated individual in accordance with directions given to that person by the Authority under section 23(1) or 24(1) of, or paragraph 2(4) of Schedule 3 to, the 2004 Act, as applied by regulation 8, or

(l) is of information which has been lawfully made available to the public before the disclosure is made.

(3) References to proceedings in paragraph (2)(j) include any formal procedure for dealing with a complaint.

(4) Where a disclosure is made to a person pursuant to paragraph (2)(d) or (e), that person shall not further disclose the information received unless the disclosure—

(a) is made in accordance with paragraph (2), or

(b) is made by the Authority for the purpose of its obligations under regulations 17 and 20.

Breach of confidentiality requirement U.K.

14.—(1) Any person who discloses any information in breach of regulation 13(2) or (4) shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable—

(a) on summary conviction—

(i) to a fine not exceeding the statutory maximum, or

(ii) to imprisonment for a term not exceeding three months, or

(iii) to both;

(b) on conviction on indictment—

(i) to a fine, or

(ii) to imprisonment for a term not exceeding two years, or

(iii) to both.

(3) In any proceedings for an offence under paragraph (1), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

PART 3 U.K. REGULATION OF LICENSED ACTIVITIES

Import and export of tissue and cells U.K.

15.— [F30 (1) The Authority shall give such directions to licence holders or designated individuals under section 23(1) of the 2004 Act, as applied by regulation 8, as it considers necessary for the purpose of securing that all imports of tissue and cells intended for human application from countries which are not EEA states meet standards of quality and safety equivalent to those provided for in these Regulations.

(2) In giving any directions for the purposes of paragraph (1) the Authority shall have regard to ensuring traceability.]

Textual Amendments

F30 Reg. 15 omitted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 4(1)

Directions: compliance with the [F31 first, second and third Directives] [F31 first, second, third and fourth Directives] U.K.

16.—(1) The Authority shall give directions to licence holders or designated individuals under section 23(1) of the 2004 Act, as applied by regulation 8, in accordance with Schedule 2 for the purpose of securing compliance with the requirements of the [F32 first, second and third Directives] [F32 first, second, third and fourth Directives].

(2) The Authority shall give such other directions to licence holders or designated individuals under section 23(1) of that Act, as applied by regulation 8, as it considers necessary for securing compliance by licence holders and third parties with any requirements of the [F32 first, second and third Directives] [F32 first, second, third and fourth Directives].

Textual Amendments

F31 Words in reg. 16 heading substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 4(2)

F32 Words in reg. 16 substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 4(2)

PART 4 U.K. OBLIGATIONS OF THE AUTHORITY

Requirement for the Authority to provide information U.K.

17.—(1) The Secretary of State may serve a notice upon the Authority requiring it to provide any information which the notice specifies about the carrying out of its functions under these Regulations in relation to England and Wales or Northern Ireland.

(2) The Scottish Ministers may serve a notice upon the Authority requiring it to provide any information which the notice specifies about the carrying out of its functions under these Regulations in relation to Scotland.

(3) The Authority shall upon receipt of a notice under paragraph (1) or (2) provide the information requested within the period specified in the notice.

Register of licences U.K.

18.—(1) The Authority shall maintain a register recording the grant, suspension or revocation of every licence granted under Schedule 1.

(2) The register shall contain the following information—

(a) the name of the licence holder,

(b) the activities authorised, and

(c) any variation of the information referred to in sub-paragraph (a) or (b).

(3) The Authority shall make such of the information included in the register as it considers appropriate available to the public in such manner as it considers appropriate.

Register of serious adverse events and serious adverse reactions U.K.

19.—(1) The Authority shall keep a register containing information provided to it under these Regulations about any serious adverse event or serious adverse reaction.

(2) The Authority shall make such of the information included in the register as it considers appropriate available to the public in such manner as it considers appropriate.

Duties of the Authority in relation to serious adverse events and serious adverse reactions U.K.

20.—(1) The Authority shall put in place procedures for communicating such information in relation to any serious adverse event or serious adverse reaction to—

(a) any person in the United Kingdom carrying-on procurement, testing, processing, storage, distribution, [F33 import or export] [F33 import into the United Kingdom from a third country or export from the United Kingdom to a third country] of tissue or cells intended for human application,

(b) any person in the United Kingdom, of whom it is aware, using such tissue or cells for that purpose,

(c) the competent authorities in EEA states other than the United Kingdom and in Gibraltar, and

(d) the European Commission,

as is necessary for the purpose of enabling appropriate action to be taken, including where necessary the withdrawal from use of tissue and cells that are intended for human application but are known or suspected to be unsuitable for human application.

(2) The Authority shall investigate serious adverse events and serious adverse reactions and carry out appropriate control measures.

(3) The duty under paragraph (2) includes a duty to investigate any serious adverse event or serious adverse reaction which has occurred in the United Kingdom, and to carry out appropriate control measures, at the request of a competent authority in an EEA state other than the United Kingdom or in Gibraltar.

Textual Amendments

F33 Words in reg. 20(1)(a) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 5(1)

[F34 Duties of the Authority in relation to application of the Single European Code U.K.

20A.— (1) The Authority must allocate to each licence holder one or more unique numbers to be the tissue establishment number or numbers in relation to that licence holder in accordance with Annex VII and paragraph 2(a) of Article 10b of the third Directive.

(2) Any number allocated under paragraph (1) must be in the format specified in Annex VII to the third Directive.

(3) The Authority must, in relation to each licence holder, arrange for the information specified in Annex VIII to the third Directive to be recorded in the EU Tissue Establishment Compendium.

(4) In relation to a licence holder, the Authority must ensure that the information under paragraph (3) is recorded before the end of the period of 10 working days beginning with 1st April 2018.

(5) In relation to a person who becomes a licence holder on or after 1st April 2018 the Authority must ensure that the information under paragraph (3) is recorded before the end of the period of 10 working days beginning with the day on which the person becomes a licence holder.

(6) Paragraph (7) applies if the Authority becomes aware that any information recorded under paragraph (3) was incorrectly recorded or requires updating.

(7) Where this paragraph applies, the Authority must arrange for the information to be corrected or updated—

(a) in the case of a correction or update that the Authority considers to be a significant change to the information recorded under paragraph (3), before the end of the period of 10 working days beginning with the day on which the Authority became aware that the information was incorrectly recorded or required updating;

(b) in any other case, as soon as is reasonably practicable.

(8) Paragraph (9) applies if the Authority becomes aware that—

(a) any information recorded in the EU Tissue Establishment Compendium in respect of a tissue establishment in a relevant state was incorrectly recorded or requires updating; or

(b) a tissue establishment in a relevant state has not complied with the requirements of the laws or other measures adopted in that state for the purpose of implementing paragraph 1 of Article 10b of the third Directive and the non-compliance is significant.

(9) Where this paragraph applies, the Authority must inform the competent authority in the relevant state in question of the information to be corrected or updated or the non-compliance in question.

(10) If the Authority becomes aware that the information recorded in the EU Tissue and Cell Product Compendium requires updating, it must inform the European Commission and the competent authority in the relevant state.

(11) In this regulation—

“relevant state” means—

(a)

an EEA state other than the United Kingdom; or

(b)

Gibraltar; and

“working day” means any day other than—

(a)

a Saturday or Sunday;

(b)

Christmas Day or Good Friday; or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.]

Textual Amendments

F34 Regs. 20A-20C inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 5(2)

[F34 Inspection of third country premises etc U.K.

20B.— (1) Paragraph (2) applies where—

(a) qualifying tissues or cells are imported into the United Kingdom from a third country by an importing licence holder;

(b) the tissues or cells are distributed in an EEA state, other than the United Kingdom, or in Gibraltar; and

(c) the competent authority in that state or in Gibraltar (“the requesting authority”) requests the Authority to carry out any of the following activities—

(i) to arrange for an inspection of any third country premises to be carried out on behalf of the Authority;

(ii) to arrange for an inspection of any relevant documents held by a third country supplier to be carried out on behalf of the Authority;

(iii) to exercise the Authority’s power under paragraph 7(2) of Schedule 3 to the 2004 Act to revoke a licence held by an importing licence holder;

(iv) to exercise the Authority’s powers under paragraph 8(3) of Schedule 3 to the 2004 Act to vary a licence held by an importing licence holder; or

(v) other appropriate control measures.

(2) The Authority must carry out the activity in question specified in paragraph (1)(c), unless it considers that it would be inappropriate to do so in the particular circumstances of the case.

(3) Before an inspection of any premises is carried out pursuant to paragraph (2), the Authority must—

(a) make arrangements with the competent authority which made the request under paragraph (1) for that competent authority to participate in the inspection; or

(b) notify the competent authority which made the request under paragraph (1) that the Authority has decided that it is not appropriate for that competent authority to participate in the inspection and give reasons for that decision.

(4) For the purposes of ascertaining whether qualifying tissues or cells imported into the United Kingdom from a third country meet standards of quality and safety equivalent to those laid down in these Regulations, the Authority may arrange for either or both of the following to be carried out on its behalf—

(a) an inspection of any third country premises; or

(b) an inspection of any relevant document held by a third country supplier.

(5) The Authority may arrange for a report to be made on any inspection carried out in pursuance of paragraph (2) or (4).

(6) Any inspection carried out in pursuance of paragraphs (2) and (4) must be carried out by a person authorised by the Authority for the purposes of this regulation.

(7) An inspection of any premises made under this regulation must include, in particular—

(a) the inspection of any equipment found on the premises;

(b) the inspection and copying of any relevant documents or records found on the premises; and

(c) the observation of any activity relevant to ascertaining whether qualifying tissues or cells imported from a third country meet standards of quality and safety equivalent to those laid down in these Regulations.

(8) In this regulation—

“qualifying tissues or cells” means tissues or cells intended for human application;

“relevant documents” mean documents relevant for the purposes of ascertaining whether qualifying tissues or cells imported from a third country meet standards of quality and safety equivalent to those laid down in these Regulations;

“requesting authority” has the meaning given in paragraph (1)(c).]

Textual Amendments

F34 Regs. 20A-20C inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 5(2)

[F34 Third country premises and third country suppliers: report of inspections etc U.K.

20C.— (1) This regulation applies where the European Commission or a competent authority in an EEA state, other than the United Kingdom, or in Gibraltar requests the Authority to provide it with—

(a) a copy of a report or information on any inspection of third country premises or relevant documents carried out in pursuance of regulation 20B(2) or (4);

(b) information on any exercise of the Authority’s powers under paragraph 7(2), 8(3) or 9(1) of Schedule 3 to the 2004 Act (licences for the purposes of section 16) in relation to a licence held by an importing licence holder (whether in pursuance of regulation 20B(2) or otherwise); or

(c) information on any appropriate control measures (whether in pursuance of regulation 20B(2) or otherwise).

(2) The Authority must provide the report or information in question to the person requesting it, unless the Authority considers that it would be inappropriate to do so in the particular circumstances of the case.]

Textual Amendments

F34 Regs. 20A-20C inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 5(2)

PART 5 U.K. INSPECTION, ENTRY, SEARCH AND SEIZURE

Inspection of documents U.K.

21.—(1) A duly authorised person may require a person to produce for inspection any documents relevant to compliance with these Regulations.

(2) Where records or documents to which paragraph (1) applies are stored in any electronic form, the power under this regulation includes power to require the records or documents to be made available for inspection in a visible and legible form or 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 documents produced for inspection in pursuance of a requirement under paragraph (1).

[F35 Inspection of documents to be held by an importing licence holder U.K.

21A.— (1) This regulation applies where—

(a) qualifying tissues or cells are imported into the United Kingdom from a third country by an importing licence holder;

(b) the tissues or cells are then distributed or will be distributed in an EEA state, other than the United Kingdom, or in Gibraltar; and

(c) the competent authority in that state or in Gibraltar requests the Authority to arrange for an inspection to be carried out of any relevant documents held by an importing licence holder.

(2) The Authority must arrange for an inspection to be carried out by a duly authorised person, unless the Authority considers that it would be inappropriate in the particular circumstances of the case.

(3) A duly authorised person may require a person to produce for inspection any relevant documents.

(4) Where relevant documents are stored in electronic form, a duly authorised person may require an importing licence holder to make the documents 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.

(5) A duly authorised person may take copies of any relevant documents inspected in pursuance of a requirement under this regulation.

(6) In this regulation—

“duly authorised person” in the context of any provision, means a person authorised by the Authority to act for the purposes of that provision;

“qualifying tissues or cells” means tissues or cells intended for human application; and

“relevant documents” means a document relevant for the purposes of ascertaining whether tissues or cells imported from a third country meet standards of quality and safety equivalent to those laid down in these Regulations.]

Textual Amendments

F35 Reg. 21A inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 6(1)

Entry and inspection of premises U.K.

22.—(1) The Authority may arrange for any premises in respect of which a licence is in force, or any relevant third party premises, to be inspected on its behalf, and for a report on the inspection to be made to it, for any of the purposes referred to in paragraph (6).

(2) The Authority shall arrange for an inspection under paragraph (1) of any premises in respect of which a licence is in force not less than once in every interval of two years.

(3) The Authority may arrange for any premises to be inspected on its behalf, and for a report on the inspection to be made to it, for the purpose of satisfying itself under regulation 11(5) that—

(a) the premises are suitable for use for the carrying-on of a licensed activity, or

(b) the premises are suitable to be relevant third party premises in relation to a licence.

(4) If associated with any licensed activity there occurs any serious adverse event or serious adverse reaction, the Authority shall, where it is appropriate to do so, arrange for any premises to which the licence relates and any relevant third party premises to be inspected on its behalf and for a report on the inspection to be made.

(5) For the purpose of carrying out an inspection under paragraph (1), (3) or (4), a duly authorised person may at any reasonable time enter and inspect—

(a) any premises specified, or proposed to be specified, in the licence as premises where the licensed activities are authorised to be carried on; or

(b) any relevant third party premises or any premises proposed to be such premises.

(6) The purposes for which an inspection may be carried out under paragraph (1) are for—

(a) ensuring compliance by the licence holder with—

(i) these Regulations,

(ii) the conditions of the licence, or

(iii) directions given under section 23(1) or 24(1) of, or paragraph 2(4) of Schedule 3 to, the 2004 Act, as applied by regulation 8;

(b) ensuring compliance by the designated individual with the duty under regulation 12; or

(c) ensuring compliance by a third party with a third party agreement.

[F36 Importing licence holders: requests for inspections U.K.

22A.— (1) This regulation applies where—

(a) any licensed activity in relation to qualifying tissues or cells imported into the United Kingdom from a third country is carried out on any premises—

(i) to which a licence held by an importing licence holder relates; or

(ii) which are relevant third party premises in relation to an importing licence holder;

(b) the tissues or cells are distributed in an EEA state, other than the United Kingdom, or in Gibraltar; and

(c) the competent authority in that state or in Gibraltar requests the Authority to arrange for an inspection of the premises to be carried out.

(2) The Authority must arrange for an inspection of the premises in question to be carried out under regulation 22(1) by a duly authorised person, unless the Authority considers that it would be inappropriate to do so in the particular circumstances of the case.

(3) Before an inspection is carried out under paragraph (2), the Authority must make arrangements with the requesting authority for it to participate in the inspection, unless the Authority considers that the participation of the requesting authority is not appropriate in the circumstances.

(4) Where the Authority considers that the participation of the requesting authority in the inspection would not be appropriate in the circumstances, the Authority must notify the requesting authority of its decision and give reasons for that decision.

(5) In this regulation—

“duly authorised person” in the context of any provision, means a person authorised by the Authority to act for the purposes of that provision;

“qualifying tissues or cells” means tissues or cells intended for human application;

“requesting authority” means the competent authority which made the request under paragraph (1) for the Authority to arrange for the inspection to be carried out.]

Textual Amendments

F36 Reg. 22A inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 6(2)

Entry and search in connection with suspected offence U.K.

23.—(1) If a justice of the peace is satisfied on sworn information or, in Northern Ireland, on a complaint on oath or, in Scotland, by evidence on oath that there are reasonable grounds for believing—

(a) that an offence under these Regulations is being, or has been, committed on any premises, and

(b) that any of the conditions in paragraph (2) is met in relation to the premises,

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 regulation 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 would defeat the object of entry.

(3) A warrant under this regulation shall continue in force until the end of the period of 31 days beginning with the day on which it is issued.

(4) The powers exercisable by a justice of the peace under paragraph (1) are also exercisable in Scotland by a sheriff.

Execution of warrants U.K.

24.—(1) Entry and search under a warrant under regulation 23 is unlawful if any of 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 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

(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—

(a) produce the warrant to that other person,

(b) give him—

(i) a copy of the warrant,

(ii) an appropriate statement, and

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

(5) In paragraphs (3)(b)(ii) and (4)(b)(ii) the references to an appropriate statement are to a statement in writing containing the information set out in Schedule 3.

(6) If the premises to which the warrant relates are unoccupied, the person executing the warrant shall leave a copy of it in a prominent place on the premises.

(7) Where the premises in relation to which a warrant under regulation 23 is executed are unoccupied, or the occupier is temporarily absent and no 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, when leaving the premises, leave them as effectively secured as he found them.

Seizure in the course of inspection or search U.K.

25.—(1) A duly authorised person entering and inspecting premises under this Part may seize anything on the premises which he has reasonable grounds to believe may be required for purposes of the Authority's functions relating to the grant, revocation, variation and suspension of licences under Schedule 1 and to the investigation of serious adverse events and serious adverse reactions.

(2) A duly authorised person entering and searching premises under a warrant under regulation 23 may seize anything on the premises which he has reasonable grounds to believe may be required for the purpose of being used in evidence in any proceedings for an offence under these Regulations.

(3) Where a person has power under paragraph (1) or (2) to seize anything, he may take such steps as appear to be necessary for preserving the thing or preventing interference with it.

(4) The power under paragraph (1) or (2) includes power to retain anything seized in exercise of the power for so long as it may be required for the purpose for which it was seized.

(5) Where by virtue of paragraph (1) or (2) a person seizes anything, he shall leave on the premises from which the thing was seized a statement giving particulars of what he has seized and stating that he has seized it.

Powers: supplementary U.K.

26.—(1) Any power under this Part to enter and inspect or search any premises includes power to take such other persons and equipment as the person exercising the power reasonably considers necessary.

(2) Any power under regulation 22 or 23 to inspect or search any premises includes, in particular—

(a) power to inspect any equipment found on the premises,

(b) power to inspect and take copies of any records found on the premises,

(c) in the case of premises in respect of which a licence under Schedule 1 is in force, power to observe the carrying-on on the premises of the licensed activity, and

(d) in the case of relevant third party premises in respect of which a third party agreement is in force, power to observe the carrying-on on the premises of the activity carried on pursuant to such agreement.

(3) Any power under this Part to enter, inspect or search premises includes power to require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power of entry, inspection or search to be exercised.

Requirements when exercising power of inspection or search U.K.

27.—(1) A person's right to exercise a power under this Part is subject to his producing evidence of his entitlement to exercise it, if required.

(2) As soon as reasonably practicable after having exercised a power under this Part to inspect or search premises, the duly authorised person shall—

(a) prepare a written report of the inspection or search, and

(b) if requested to do so by the appropriate person, give him a copy of the report.

(3) In paragraph (2), the “appropriate person” means—

(a) in relation to premises in respect of which a licence is in force, the designated individual;

(b) in relation to any relevant third party premises, the occupier.

[F37 (4) Paragraph (5) applies if the European Commission or a competent authority in an EEA state, other than the United Kingdom, or in Gibraltar requests the Authority to provide it with a copy of a report or information on—

(a) any inspection under regulation 21 or 21A of records or documents;

(b) any inspection under regulation 22 of premises to which a licence held by an importing licence holder relates or which are relevant third party premises in relation to an importing licence holder.]

[F37 (5) Where this paragraph applies, the Authority must give a copy of the report or information to the person requesting it, unless the Authority considers that it would be inappropriate to do so in the particular circumstances of the case.]

Textual Amendments

F37 Reg. 27(4)(5) inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 6(3)

Enforcement U.K.

28.—(1) A person commits an offence if—

(a) he fails without reasonable excuse to comply with a requirement under [F38 regulation 21 or] [F38 under regulation 21, 21A or] regulation 26(3), or

(b) he intentionally obstructs the exercise of any right under this Part.

(2) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F38 Words in reg. 28(1)(a) substituted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018 (S.I. 2018/335), regs. 1(2)(3), 6(4)

Meaning of duly authorised person U.K.

29.  In this Part, “ duly authorised person”, in the context of any provision, means a person authorised by the Authority to act for the purposes of that provision.

PART 6 E+W+N.I. AMENDMENTS TO THE 2004 ACT

Remit of the Authority E+W+N.I.

30.—(1) Section 14 (remit) of the 2004 Act is amended as follows.

(2) At the end of subsection (1) insert—

“(h) the procurement, processing, preservation, testing, storage, distribution, import or export of tissue or cells, in so far as those activities are activities to which regulation 7(1) or (2) of the 2007 Regulations applies and are not within the remit of the Authority by virtue of paragraphs (a) to (g).”.

(3) After subsection (2) insert—

“(2A) Expressions used in paragraph (h) of subsection (1) and in the 2007 Regulations have the same meaning in that paragraph as in those Regulations; and the reference to activities to which regulation 7(1) or (2) of those Regulations applies is to be read subject to regulation 2(3) of those Regulations.”.

Exclusion from licensing requirement of section 16 E+W+N.I.

31.—(1) Section 16 of the 2004 Act is amended as follows.

(2) After subsection (2), insert—

“(2A) This section does not apply to the procurement, testing, processing, preservation, storage, distribution, import or export of tissue and cells intended for human application in so far as those activities are activities to which regulation 7(1) or (2) of the 2007 Regulations applies.

(2B) Expressions used in subsection (2A) and in the 2007 Regulations have the same meaning in that subsection as in those Regulations; and the reference to activities to which regulation 7(1) or (2) of those Regulations applies is to be read subject to regulation 2(3) of those Regulations.”.

Interpretation of Part 2 of the 2004 Act E+W+N.I.

32.  In section 41 (interpretation of Part 2) of the 2004 Act, before the definition of “anatomical specimen” insert—

““the 2007 Regulations” means the Human Tissue (Quality and Safety for Human Application) Regulations 2007;”.

Applications under Schedule 3 to the 2004 Act E+W+N.I.

33.  In paragraph 13(1) of Schedule 3 to the 2004 Act, after “Schedule”, insert “ and Schedule 1 to the 2007 Regulations ”.

PART 7 U.K. GENERAL

Offences by bodies corporate U.K.

34.—(1) Where an offence under these Regulations is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) commits the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, or to be attributable to any neglect on the part of a partner, he (as well as the partnership) commits the offence and shall be liable to be proceeded against and punished accordingly.

(4) In paragraph (3), “partner” includes a person purporting to act as a partner.

Transitional arrangements: storage licences U.K.

35.—(1) This regulation applies where, immediately before the commencement date, a licence granted under Schedule 3 to the 2004 Act authorises the carrying-on of the activity described in section 16(2)(e)(ii) of the 2004 Act for use for transplantation.

(2) A licence referred to in paragraph (1) shall, from the commencement date, also be treated as a licence granted pursuant to Schedule 1 to these Regulations in respect of the storage of tissue or cells for human application and shall authorise the carrying-on of the activities to which regulation 7(2) applies.

(3) Where any premises to which a licence referred to in paragraph (1) relates have not been inspected on behalf of the Authority since the licence was granted, the Authority shall arrange for such premises to be inspected on its behalf before the end of the period of two years beginning with the commencement date.

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State

Department of Health