UK Offence Report

The Human Fertilisation and Embryology (Appeals) Regulations 2009

UK Statutory Instrument 2009 No. 1891 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
15 July 2009
In force from
16 July 2009
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
Human Fertilisation and Embryology Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under sections 20A and 20B of the Human Fertilisation and Embryology Act 1990 (as amended by the Human Fertilisation and Embryology Act 2008) and make provision for an appeals committee (“the Committee”) to reconsider licensing decisions made by the Authority. Part 1 deals with preliminary matters, including commencement and interpretation (regulations 1 to 3). Part 2 sets out the constitution of the Committee. Regulation 4 provides that the Committee must consist of seven members, although additional members can be appointed for particular cases. Certain people are excluded from being appointed as members, including former or current employees of the Authority. Regulations 5 and 6 make provision about the term of office of members and the procedure for suspension and removal, where necessary. Regulation 7 provides for simple majority voting and a quorum of three. Regulation 8 makes provision preventing the validity of proceedings being questioned by reason of defective appointments. Regulation 9 requires the Committee to prepare an annual report on its activities for the Authority. Part 3 makes provision relating to advisers to the Committee. Regulation 10 enables the Authority to appoint advisers and regulation 11 sets out the functions of those advisers, including advising the Committee at both public hearings and private deliberations. Regulations 12 to 14 set out requirements relating to the manner in which advice is to be tendered and recorded, and relating to the announcement and recording of decisions not to accept advice from advisers. Advisers are also given the power, with the permission of the chair of the Committee, to question witnesses under regulation 15. Part 4 makes provision in relation to procedure for appeals. Regulation 16 requires the person wishing to appeal to provide information and documents, including the grounds of appeal, at the same time as serving the notice of exercise of right under section 20 of the 1990 Act. Regulation 17 requires the Authority to provide documents that will be relied on in relation to the appeal and provides for exchange of documents between the parties. Unless the appellant has requested that the case be considered on the papers the Committee must send the parties a notice of hearing, in the form set out under regulation 18 within 28 days, beginning with the date of receipt of the notice of exercise of right. Regulations 19 and 20 make provision to enable case management meetings and for the Committee to consider and determine two or more appeal requests together from the same appellant, where appropriate. Regulations 21 and 22 make detailed provision relating to the submission of evidence and the power of the Committee to require witnesses and documents. Regulation 23 makes provision relating to the burden and standard of proof to be applied (the civil standard). Regulation 24 gives the Committee the power to reconsider a decision on the papers unless an appellant has requested a hearing. Regulations 25 to 28 set out the procedure for hearings including the calling of witnesses. Provision is made to ensure that both the appellant and the Authority are represented and to enable postponement and adjournment of the hearing where necessary. Regulation 29 requires the Committee to give written notice of its decision within 7 days to the parties and any other person who ought to be informed in the public interest. Regulation 30 makes provision in relation to the recording of notes and the availability of transcripts. Regulation 31 provides that any power conferred on the Chair of the Committee by the regulations can be exercised by the Deputy Chair. Regulation 32 revokes regulations made under the 1990 Act prior to its amendment by the 2008 Act and makes saving provision for the purposes of the Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order (S.I. 2009/1892).

Offences created by this instrument

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