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The Quality and Safety of Organs Intended for Transplantation Regulations 2012
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[F1PART 5AU.K.Power to amend data sets specified in Schedule 1A in relation to Great Britain
Textual Amendments
F1Pt. 5A inserted (31.12.2020) by The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/483), regs. 1, 3(11) (as amended by S.I. 2020/1305, regs. 1, 10); 2020 c. 1, Sch. 5 para. 1(1)
Power for appropriate authority to amend Schedule 1A in relation to Great Britain U.K.
24A.—(1) An appropriate authority in Great Britain may by regulations amend—
(a)the minimum data set specified in Part A of Schedule 1A (organ and donor characterisation) where the appropriate authority considers, on the basis of scientific evidence, that the amendment is justified by a serious risk to human health;
(b)the complementary data set specified in Part B of that Schedule where the appropriate authority considers, on the basis of scientific evidence, that it is appropriate to do so.
(2) In this regulation—
“appropriate authority” means—
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales—
(i)
the Welsh Ministers; or
(ii)
the Secretary of State acting with the consent of the Welsh Ministers;
(c)
in relation to Scotland—
(i)
the Scottish Ministers; or
(ii)
the Secretary of State acting with the consent of the Scottish Ministers;
(e)
for the whole of Great Britain, the Secretary of State acting with the consent of the Welsh Ministers and the Scottish Ministers.
Scope and nature of powersU.K.
24B.—(1) Regulations made by the Secretary of State or the Welsh Ministers under regulation 24A are to be made by statutory instrument.
(2) For regulations made under regulation 24A by the Scottish Ministers see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish statutory instruments).
(4) Any power in regulation 24A to make regulations includes power to make—
(a)different provision for different purposes;
(b)consequential, supplementary, incidental, transitional, transitory or saving provision.
Scrutiny of regulationsU.K.
24C.—(1) A statutory instrument containing regulations made by the Secretary of State under regulation 24A is subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Regulations made under regulation 24A by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (instruments subject to the negative procedure)).
(3) A statutory instrument containing regulations made by the Welsh Ministers under regulation 24A is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]
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