Part 5Miscellaneous
Functions of Health Protection Agency in relation to biological substances
159Functions of Health Protection Agency in relation to biological substances
1
The National Biological Standards Board is abolished (and, accordingly, the Biological Standards Act 1975 (c. 4) ceases to have effect).
2
The Health Protection Agency Act 2004 (c. 17) is amended as follows.
3
After section 2 insert—
2AFunctions in relation to biological substances
1
The Agency has such functions in relation to a matter specified in subsection (2) as the relevant authority directs.
2
Those matters are—
a
the establishment of standards for biological substances;
b
the preparation, approval and provision of standard preparations of biological substances;
c
the testing of biological substances.
3
The relevant authority shall be deemed to have directed under subsection (1) that the Agency is to have the functions specified in paragraphs (a) to (f) of Article 2 of the 1976 Order (the pre-abolition functions of the National Biological Standards Board).
4
The direction under subsection (3)—
a
shall be deemed to have been given on the commencement of that subsection;
b
may be varied in the same way as any other direction under subsection (1);
c
is not affected by the repeal of the Biological Standards Act 1975 or by the 1976 Order ceasing to have effect as a result of that repeal.
5
In this section—
“biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means;
“the relevant authority” means—
- a
the Secretary of State, and
- b
the Department of Health, Social Services and Public Safety in Northern Ireland,
acting jointly;
“the 1976 Order” means the National Biological Standards Board (Functions) Order 1976.
6
The generality of section 2(1) is to be taken not to be prejudiced by this section; and the generality of subsections (1) to (4) is to be taken not to be prejudiced by section 2.
4
In section 6 (meaning of “appropriate authority”), after subsection (5) insert—
6
Subsections (2) to (5) do not apply in relation to biological-substances functions.
7
In relation to any biological-substances function, the appropriate authority is—
a
the Secretary of State, and
b
the Department of Health, Social Services and Public Safety in Northern Ireland,
acting jointly.
8
In subsections (6) and (7) “biological-substances function” means—
a
a function of the Agency under section 2A, or
b
a function of the Agency under section 2(1), (2)(a) or (b), (3), (4) or (10) that is a function in relation to a matter specified in section 2A(2).
5
In section 8 (power to make transfer schemes)—
a
after subsection (4) insert—
4A
The Secretary of State and the Department of Health, Social Services and Public Safety in Northern Ireland, acting jointly, may make a scheme for the transfer of property, rights and liabilities of the National Biological Standards Board to the Agency.
b
in subsection (7), after “section 2” insert “
, 2A
”
.
6
In section 9 (directions)—
a
in subsection (2)
(certain directions to be given in regulations made by statutory instrument), after “section 2(2), (3) or (4)” insert “
or 2A(1),
”
; and
b
in subsection (3)
(certain statutory instruments making regulations giving directions to be subject to annulment), after “section 2(2)(a) or (3)” insert “
or 2A(1)
”
.