The Medicines for Human Use (Clinical Trials) Regulations 2004

6.—(1) An ethics committee may— U.K.

(a) appoint sub-committees consisting of members of the committee; and

(b) make arrangements for the exercise, on behalf of the committee, of any of its functions by such a sub-committee,

in accordance with the standing orders and operating procedures adopted under sub-paragraph (3).

(2) Subject to [F1 sub-paragraphs (4) and (4A)], the meetings and proceedings of an ethics committee and its sub-committees shall be conducted in accordance with the standing orders made, and standing operating procedures adopted, under sub-paragraph (3).

(3) An ethics committee—

(a) shall, subject to approval by the Authority, make standing orders, and adopt standing operating procedures, for the regulation of its proceedings and business; and

(b) may, subject to approval by the Authority, vary or revoke such orders or procedures,

including provision for the suspension of the standing orders or operating procedures or any of them.

[F2 (4) All valid applications for an ethics committee opinion must be considered by a full meeting of an ethics committee.

(4A) Where a full meeting of an ethics committee has considered a valid application and reached a provisional opinion, it may delegate the final determination of its opinion in accordance with regulation 15 to the Chairman of the ethics committee or a sub-committee of specified members.]

[F3 (5) An ethics committee shall retain all the documents relating to a clinical trial on which it gives an opinion for—

(a) where the trial proceeds, at least three years from the conclusion of the trial; or

(b) where the trial does not proceed, at least three years from the date of the opinion.]

[F4 (6) For the purposes of this paragraph, a “full meeting of an ethics committee” is one at which at least seven members of the committee (including any members co-opted under paragraph 8) are present, including at least—

(a) one lay member who is not and never has been—

(i) a health care professional, or

(ii) a chairman, member, director, officer or employee of a health service body [F5 or [F6 an integrated care board]]; and

(b) one expert member.]

Textual Amendments

F1 Words in Sch. 2 para. 6(2) substituted (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 5(4)(a)

F2 Sch. 2 para. 6(4)(4A) substituted for Sch. 2 para. 6(4) (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 5(4)(b)

F3 Sch. 2 para. 6(5) inserted (29.8.2006) by The Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (S.I. 2006/1928), regs. 1(1), 28(b)

F4 Sch. 2 para. 6(6) inserted (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 5(4)(c)

F5 Words in Sch. 2 para. 6(6)(a)(ii) inserted (1.10.2012) by The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012 (S.I. 2012/1641), art. 1(2)(b), Sch. 3 para. 8(3)(b)

F6 Words in Sch. 2 para. 6(6)(a)(ii) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 19(2)(b), Sch. para. 1(1)(3) (with Sch. para. 1(2)