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Human Fertilisation and Embryology Act 1990
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Changes over time for: Section 9
Version Superseded: 01/10/2009
Alternative versions:
- 08/07/1991- Amendment
- 25/05/2007- Amendment
- 01/09/2009
Point in time - 01/10/2009- Amendment
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9 Licence committees and other committees.U.K.
(1)The Authority shall maintain one or more committees to discharge the Authority’s functions relating to the grant, variation, suspension and revocation of licences, and a committee discharging those functions is referred to in this Act as a “licence committee”.
(2)The Authority may provide for the discharge of any of its other functions by committees or by members or employees of the Authority.
(3)A committee (other than a licence committee) may appoint sub-committees.
(4)Persons, committees or sub-committees discharging functions of the Authority shall do so in accordance with any general directions of the Authority.
(5)A licence committee shall consist of such number of persons as may be specified in or determined in accordance with regulations, all being members of the Authority, and shall include at least one person who is not authorised to carry on or participate in any activity under the authority of a licence and would not be so authorised if outstanding applications were granted.
(6)A committee (other than a licence committee) or a sub-committee may include a minority of persons who are not members of the Authority.
(7)Subject to subsection (10) below, a licence committee, before considering an application for authority—
(a)for a person to carry on an activity governed by this Act which he is not then authorised to carry on, or
(b)for a person to carry on any such activity on premises where he is not then authorised to carry it on,
shall arrange for the premises where the activity is to be carried on to be inspected on its behalf, and for a report on the inspection to be made to it.
[F1(7A)Before considering such an application, the licence committee may also arrange for—
(a)any premises that will be relevant third party premises for the purposes of the application to be inspected on its behalf, and
(b)a report on the inspection to be made to it.]
F1[F2(8)A licence committee shall arrange for any premises to which a licence relates to be inspected on its behalf at intervals not exceeding two years, and for a report on the inspection to be made to it.]
F2(9)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)A licence committee need not comply with subsection (7) above where the premises in question have been inspected in pursuance of that subsection or subsection (8) above at some time during the period of [F4two years]F4 ending with the date of the application, and the licence committee considers that a further inspection is not necessary.
[F5(10A)A licence committee may arrange for any relevant third party premises to be inspected on its behalf and for a report on the inspection to be made to it.]
F5(11)An inspection in pursuance of subsection [F6(7), (7A), (8) or (10A)]F6 above may be carried out by a person who is not a member of a licence committee.
Textual Amendments
F1S. 9(7A) inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(2)
F2S. 9(8) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(3)
F3S. 9(9) omitted (25.5.2007 for certain purposes, otherwise 5.7.2007) by virtue of The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(4)
F4Words in s. 9(10) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(5)
F5S. 9(10A) inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(6)
F6Words in s. 9(11) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(7)
Commencement Information
I1S. 9 wholly in force; s. 9 not in force at Royal Assent see s. 49(2); s. 9(5) in force at 8.7.1991 for certain purposes and s. 9 fully in force at 1.8.1991 by S.I. 1991/1400, art. 2(1)(a)(2)
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