PART 1 continued
(1) Section 16 of the 1990 Act (grant of licence) is amended as follows.
(2) For subsection (1) substitute—
“(1) The Authority may on application grant a licence to any person if the requirements of subsection (2) below are met.”
(3) In subsection (2)—
(a) for “licence committee” substitute “Authority” in each place it occurs,
(b) in paragraph (c), after “application” insert “or a licence under paragraph 3 of that Schedule authorising activities in connection with the derivation from embryos of stem cells that are intended for human application”,
(c) in paragraph (ca)—
(i) for “or embryos” substitute “, embryos or human admixed embryos”, and
(ii) after “that Schedule” insert “authorising activities otherwise than in connection with the derivation from embryos of stem cells that are intended for human application”, and
(d) in paragraph (d), after “granted” insert “and any premises which will be relevant third party premises”.
(4) In subsection (4) for “licence committee” substitute “Authority”.
(5) In subsection (5) for “licence committee” substitute “Authority”.
(6) Omit subsections (6) and (7) (which concern the power to charge fees).
(1) Section 17 of the 1990 Act (the person responsible) is amended as follows.
(2) In subsection (1)(c)—
(a) for “and embryos” substitute “, embryos and human admixed embryos”, and
(b) for “or embryos” substitute “, embryos or human admixed embryos”.
(3) Omit subsection (3) (which defines “the nominal licensee”).
For section 18 of the 1990 Act (revocation and variation of licence) substitute—
(1) The Authority may revoke a licence on application by—
(a) the person responsible, or
(b) the holder of the licence (if different).
(2) The Authority may revoke a licence otherwise than on application under subsection (1) if—
(a) it is satisfied that any information given for the purposes of the application for the licence was in any material respect false or misleading,
(b) it is satisfied that the person responsible has failed to discharge, or is unable because of incapacity to discharge, the duty under section 17,
(c) it is satisfied that the person responsible has failed to comply with directions given in connection with any licence,
(d) it ceases to be satisfied that the premises specified in the licence are suitable for the licensed activity,
(e) it ceases to be satisfied that any premises which are relevant third party premises in relation to a licence are suitable for the activities entrusted to the third party by the person who holds the licence,
(f) it ceases to be satisfied that the holder of the licence is a suitable person to hold the licence,
(g) it ceases to be satisfied that the person responsible is a suitable person to supervise the licensed activity,
(h) the person responsible dies or is convicted of an offence under this Act, or
(i) it is satisfied that there has been any other material change of circumstances since the licence was granted.
(1) The Authority may on application by the holder of the licence vary the licence so as to substitute another person for the person responsible if—
(a) the application is made with the consent of that other person, and
(b) the Authority is satisfied that the other person is a suitable person to supervise the licensed activity.
(2) The Authority may vary a licence on application by—
(a) the person responsible, or
(b) the holder of the licence (if different).
(3) The Authority may vary a licence without an application under subsection (2) if it has the power to revoke the licence under section 18(2).
(4) The powers under subsections (2) and (3) do not extend to making the kind of variation mentioned in subsection (1).
(5) The Authority may vary a licence without an application under subsection (2) by—
(a) removing or varying a condition of the licence, or
(b) adding a condition to the licence.
(6) The powers conferred by this section do not extend to the conditions required by sections 12 to 15 of this Act.”
For section 19 of the 1990 Act (procedure for refusal, variation or revocation of licence) substitute—
(1) Before making a decision—
(a) to refuse an application for the grant, revocation or variation of a licence, or
(b) to grant an application for a licence subject to a condition imposed under paragraph 1(2), 1A(2), 2(2) or 3(6) of Schedule 2,
the Authority shall give the applicant notice of the proposed decision and of the reasons for it.
(2) Before making a decision under section 18(2) or 18A(3) or (5) the Authority shall give notice of the proposed decision and of the reasons for it to—
(a) the person responsible, and
(b) the holder of the licence (if different).
(3) Where an application has been made under section 18A(2) to vary a licence, but the Authority considers it appropriate to vary the licence otherwise than in accordance with the application, before so varying the licence the Authority shall give notice of its proposed decision and of the reasons for it to—
(a) the person responsible, and
(b) the holder of the licence (if different).
(4) A person to whom notice is given under subsection (1), (2) or (3) has the right to require the Authority to give him an opportunity to make representations of one of the following kinds about the proposed decision, namely—
(a) oral representations by him, or a person acting on his behalf;
(b) written representations by him.
(5) The right under subsection (4) is exercisable by giving the Authority notice of the exercise of the right before the end of the period of 28 days beginning with the day on which the notice under subsection (1), (2) or (3) was given.
(6) The Authority may by regulations make such additional provision about procedure in relation to the carrying out of functions under sections 18 and 18A and this section as it thinks fit.
(1) In the case of a decision to grant a licence, the Authority shall give notice of the decision to—
(a) the applicant, and
(b) the person who is to be the person responsible.
(2) In the case of a decision to revoke a licence, the Authority shall give notice of the decision to—
(a) the person responsible, and
(b) the holder of the licence (if different).
(3) In the case of a decision to vary a licence on application under section 18A(1), the Authority shall give notice of the decision to—
(a) the holder of the licence, and
(b) (if different) the person who is to be the person responsible.
(4) In the case of any other decision to vary a licence, the Authority shall give notice of the decision to—
(a) the person responsible, and
(b) the holder of the licence (if different).
(5) In the case of a decision to refuse an application for the grant, revocation or variation of a licence, the Authority shall give notice of the decision to the applicant.
(6) Subject to subsection (7), a notice under subsection (2), (4) or (5) shall include a statement of the reasons for the decision.
(7) In the case of a notice under subsection (2) or (4), the notice is not required to include a statement of the reasons for the decision if the decision is made on an application under section 18(1) or 18A(2).
(1) Directions may make provision about—
(a) the form and content of applications under this Act, and
(b) the information to be supplied with such an application.
(2) The Secretary of State may by regulations make other provision about applications under this Act.
(3) Such regulations may, in particular, make provision about procedure in relation to the determination of applications under this Act and may, in particular, include—
(a) provision for requiring persons to give evidence or to produce documents;
(b) provision about the admissibility of evidence.”
After section 19B (inserted by section 19 above) insert—
(1) Where the Authority—
(a) has reasonable grounds to suspect that there are grounds for revoking a licence, and
(b) is of the opinion that the licence should immediately be suspended,
it may by notice suspend the licence for such period not exceeding three months as may be specified in the notice.
(2) The Authority may continue suspension under subsection (1) by giving a further notice under that subsection.
(3) Notice under subsection (1) shall be given to the person responsible or where the person responsible has died or appears to be unable because of incapacity to discharge the duty under section 17—
(a) to the holder of the licence, or
(b) to some other person to whom the licence applies.
(4) Subject to subsection (5), a licence shall be of no effect while a notice under subsection (1) is in force.
(5) An application may be made under section 18(1) or section 18A(1) or (2) even though a notice under subsection (1) is in force.”
For sections 20 and 21 of the 1990 Act (appeals to Authority against determinations of licence committees and further appeals) substitute—
(1) If an application for the grant, revocation or variation of a licence is refused, the applicant may require the Authority to reconsider the decision.
(2) Where the Authority decides to vary or revoke a licence, any person to whom notice of the decision was required to be given (other than a person who applied for the variation or revocation) may require the Authority to reconsider the decision.
(3) The right under subsections (1) and (2) is exercisable by giving the Authority notice of exercise of the right before the end of the period of 28 days beginning with the day on which notice of the decision concerned was given under section 19A.
(4) If the Authority decides —
(a) to suspend a licence under section 19C(1), or
(b) to continue the suspension of a licence under section 19C(2),
any person to whom notice of the decision was required to be given may require the Authority to reconsider the decision.
(5) The right under subsection (4) is exercisable by giving the Authority notice of exercise of the right before the end of the period of 14 days beginning with the day on which notice of the decision concerned was given under section 19C.
(6) The giving of any notice to the Authority in accordance with subsection (5) shall not affect the continuation in force of the suspension of the licence in respect of which that notice was given.
(7) Subsections (1), (2) and (4) do not apply to a decision on reconsideration.
(1) The Authority shall maintain one or more committees to carry out its functions in pursuance of notices under section 20.
(2) A committee under subsection (1) is referred to in this Act as an appeals committee.
(3) Regulations shall make provision about the membership and proceedings of appeals committees.
(4) Regulations under subsection (3) may, in particular, provide—
(a) for the membership of an appeals committee to be made up wholly or partly of persons who are not members of the Authority, and
(b) for the appointment of any person to advise an appeals committee on prescribed matters.
(5) For the purposes of subsection (4) “prescribed” means prescribed by regulations under subsection (3).
(1) Reconsideration shall be by way of a fresh decision.
(2) Regulations shall make provision about the procedure in relation to reconsideration.
(3) Regulations under subsection (2) may, in particular, make provision—
(a) entitling a person by whom reconsideration is required, (“the appellant”) to require that the appellant or the appellant’s representative be given an opportunity to appear before and be heard by the appeals committee dealing with the matter,
(b) entitling the person who made the decision which is the subject of reconsideration to appear at any meeting at which such an opportunity is given, and to be heard in person or by a representative,
(c) requiring the appeals committee dealing with the matter to consider any written representations received from the appellant or the person who made the decision which is the subject of reconsideration,
(d) preventing any person who made the decision which is the subject of reconsideration from sitting as a member of the appeals committee dealing with the matter,
(e) requiring persons to give evidence or to produce documents,
(f) concerning the admissibility of evidence, and
(g) requiring the appellant and any prescribed person to be given notice of the decision on reconsideration and a statement of reasons for the appeals committee’s decision.
(4) Regulations under subsection (2) may, in particular, make different provision about the procedure on reconsideration depending upon whether the reconsideration is in pursuance of a notice under section 20(3) or a notice under section 20(5).
(5) Such regulations may, in particular, make provision—
(a) in relation to cases where a person requires reconsideration of a decision to suspend a licence and reconsideration of a decision to continue the suspension of that licence, and
(b) in relation to cases where reconsideration of a decision is required under section 20(2) by only one of two persons by whom it could have been required.
(6) In this section—
(a) “prescribed” means prescribed by regulations under subsection (2), and
(b) “reconsideration” means reconsideration in pursuance of a notice under section 20.
A person aggrieved by a decision on reconsideration in pursuance of a notice under section 20 may appeal to the High Court or, in Scotland, the Court of Session on a point of law.”
(1) Section 24 of the 1990 Act (directions as to particular matters) is amended as follows.
(2) After subsection (3A) insert—
“(3B) Directions may authorise, in such circumstances and subject to such conditions as may be specified in the directions, the keeping, by or on behalf of a person to whom a licence applies, of human admixed embryos in the course of their carriage to or from any premises.”
(3) In subsection (4) for “or embryos”, in both places, substitute “, embryos or human admixed embryos”.
(4) After subsection (4A) insert—
“(4B) Regulations may make provision requiring or authorising the giving of directions in relation to particular matters which are specified in the regulations and relate to activities falling within section 4A(2) (activities involving genetic material of animal origin).”
(5) For subsections (5) to (10) substitute—
“(5A) Directions may make provision for the purpose of dealing with a situation arising in consequence of—
(a) the variation of a licence, or
(b) a licence ceasing to have effect.
(5B) Directions under subsection (5A)(a) may impose requirements—
(a) on the holder of the licence,
(b) on the person who is the person responsible immediately before or immediately after the variation, or
(c) on any other person, if that person consents.
(5C) Directions under subsection (5A)(b) may impose requirements—
(a) on the person who holds the licence immediately before the licence ceases to have effect,
(b) on the person who is the person responsible at that time, or
(c) on any other person, if that person consents.
(5D) Directions under subsection (5A) may, in particular, require anything kept, or information held, in pursuance of the licence to be transferred in accordance with the directions.
(5E) Where a licence has ceased to have effect by reason of the death or dissolution of its holder, anything subsequently done by a person before directions are given under subsection (5A) shall, if the licence would have been authority for doing it, be treated as authorised by a licence.”
(6) In subsection (11), for “3(5)” substitute “3(2)”.
(1) Section 25 of the 1990 Act (code of practice) is amended as follows.
(2) In subsection (2), for “a father” substitute “supportive parenting”.
(3) After that subsection insert—
“(2A) The code shall also give guidance about—
(a) the giving of a suitable opportunity to receive proper counselling, and
(b) the provision of such relevant information as is proper,
in accordance with any condition that is by virtue of section 13(6) or (6A) a condition of a licence under paragraph 1 of Schedule 2.”
(4) In subsection (6)(a) and (b), for “a licence committee” substitute “the Authority”.
For section 31 of the 1990 Act (the Authority’s register of information) substitute—
(1) The Authority shall keep a register which is to contain any information which falls within subsection (2) and which—
(a) immediately before the coming into force of section 24 of the Human Fertilisation and Embryology Act 2008, was contained in the register kept under this section by the Authority, or
(b) is obtained by the Authority.
(2) Subject to subsection (3), information falls within this subsection if it relates to—
(a) the provision for any identifiable individual of treatment services other than basic partner treatment services,
(b) the procurement or distribution of any sperm, other than sperm which is partner-donated sperm and has not been stored, in the course of providing non-medical fertility services for any identifiable individual,
(c) the keeping of the gametes of any identifiable individual or of an embryo taken from any identifiable woman,
(d) the use of the gametes of any identifiable individual other than their use for the purpose of basic partner treatment services, or
(e) the use of an embryo taken from any identifiable woman,
or if it shows that any identifiable individual is a relevant individual.
(3) Information does not fall within subsection (2) if it is provided to the Authority for the purposes of any voluntary contact register as defined by section 31ZF(1).
(4) In this section “relevant individual” means an individual who was or may have been born in consequence of—
(a) treatment services, other than basic partner treatment services, or
(b) the procurement or distribution of any sperm (other than partner-donated sperm which has not been stored) in the course of providing non-medical fertility services.
(1) A person who has attained the age of 16 (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2).
(2) The applicant may request the Authority to give the applicant notice stating whether or not the information contained in the register shows that a person (“the donor”) other than a parent of the applicant would or might, but for the relevant statutory provisions, be the parent of the applicant, and if it does show that—
(a) giving the applicant so much of that information as relates to the donor as the Authority is required by regulations to give (but no other information), or
(b) stating whether or not that information shows that there are other persons of whom the donor is not the parent but would or might, but for the relevant statutory provisions, be the parent and if so—
(i) the number of those other persons,
(ii) the sex of each of them, and
(iii) the year of birth of each of them.
(3) The Authority shall comply with a request under subsection (2) if—
(a) the information contained in the register shows that the applicant is a relevant individual, and
(b) the applicant has been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.
(4) Where a request is made under subsection (2)(a) and the applicant has not attained the age of 18 when the applicant gives notice to the Authority under subsection (1), regulations cannot require the Authority to give the applicant any information which identifies the donor.
(5) Regulations cannot require the Authority to give any information as to the identity of a person whose gametes have been used or from whom an embryo has been taken if a person to whom a licence applied was provided with the information at a time when the Authority could not have been required to give information of the kind in question.
(6) The Authority need not comply with a request made under subsection (2)(b) by any applicant if it considers that special circumstances exist which increase the likelihood that compliance with the request would enable the applicant—
(a) to identify the donor, in a case where the Authority is not required by regulations under subsection (2)(a) to give the applicant information which identifies the donor, or
(b) to identify any person about whom information is given under subsection (2)(b).
(7) In this section—
“relevant individual” has the same meaning as in section 31;
“the relevant statutory provisions” means sections 27 to 29 of this Act and sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.
(1) Subject to subsection (4), a person (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2).
(2) The applicant may request the Authority to give the applicant notice stating whether or not information contained in the register shows that, but for the relevant statutory provisions, the applicant would or might be related to a person specified in the request (“the specified person”) as—
(a) a person whom the applicant proposes to marry,
(b) a person with whom the applicant proposes to enter into a civil partnership, or
(c) a person with whom the applicant is in an intimate physical relationship or with whom the applicant proposes to enter into an intimate physical relationship.
(3) Subject to subsection (5), the Authority shall comply with a request under subsection (2) if—
(a) the information contained in the register shows that the applicant is a relevant individual,
(b) the Authority receives notice in writing from the specified person consenting to the request being made and that notice has not been withdrawn, and
(c) the applicant and the specified person have each been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.
(4) A request may not be made under subsection (2)(c) by a person who has not attained the age of 16.
(5) Where a request is made under subsection (2)(c) and the specified person has not attained the age of 16 when the applicant gives notice to the Authority under subsection (1), the Authority must not comply with the request.
(6) Where the Authority is required under subsection (3) to comply with a request under subsection (2), the Authority must take all reasonable steps to give the applicant and the specified person notice stating whether or not the information contained in the register shows that, but for the relevant statutory provisions, the applicant and the specified person would or might be related.
(7) In this section—
“relevant individual” has the same meaning as in section 31;
“the relevant statutory provisions” has the same meaning as in section 31ZA.
(1) Where—
(a) the Authority has received from a person (“the applicant”) a notice containing a request under subsection (2)(a) of section 31ZA, and
(b) compliance by the Authority with its duty under that section has involved or will involve giving the applicant information relating to a person other than the parent of the applicant who would or might, but for the relevant statutory provisions, be a parent of the applicant (“the donor”),
the Authority may notify the donor that a request under section 31ZA(2)(a) has been made, but may not disclose the identity of the applicant or any information relating to the applicant.
(2) In this section “the relevant statutory provisions” has the same meaning as in section 31ZA.