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

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

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.