Human Tissue Act 2004

29 Approval of codes E+W+N.I.

(1) The Authority may not issue a code of practice under section 26 that deals with a matter mentioned in any of paragraphs (a) to (c) and (e) to (j) of subsection (2) of that section unless—

(a) a draft of it has been sent to and approved by the Secretary of State and laid by him before both Houses of Parliament, and

(b) the 40-day period has elapsed without either House resolving not to approve the draft.

[F1 (1A) Where a code of practice to which subsection (1) applies deals with a matter relating to the carrying on in Wales of a transplantation activity (within the meaning of the Human Transplantation (Wales) Act 2013) the Authority may not issue the code unless—

(a) a draft of it has been sent to and approved by the Welsh Ministers and laid by them before the [F2 National Assembly for Wales[F2 Welsh Ministers]], and

(b) the National Assembly has approved the draft by resolution.]

(2) Before approving a draft code of practice sent to him under subsection (1), the Secretary of State shall—

(a) if the code relates to Wales, consult the National Assembly for Wales, and

(b) if the code relates to Northern Ireland, consult the relevant Northern Ireland department.

(3) If the Secretary of State approves a draft code of practice sent to him under subsection (1)—

(a) if the code relates to Wales, he shall send a copy of it to the [F3 National Assembly for Wales[F3 Welsh Ministers]], and

(b) if the code relates to Northern Ireland, he shall send a copy of it to the relevant Northern Ireland department.

(4) If the Secretary of State does not approve a draft sent to him under subsection (1), he shall give reasons to the Authority.

[F4 (4A) If the Welsh Ministers do not approve a draft sent to them under subsection (1A), they shall give reasons to the Authority.]

(5) The relevant Northern Ireland department shall lay before the Northern Ireland Assembly any document which it receives under subsection (3)(b).

(6) In subsection (1)(b), “40-day period”, in relation to the draft of a code of practice, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

Textual Amendments

F1 S. 29(1A) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(4)(a), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F2 Words in s. 29(2)(a) substituted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(4)(b), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F3 Words in s. 29(3)(a) substituted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(4)(c), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F4 S. 29(4A) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(4)(d), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

Commencement Information

I1 S. 29 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)