Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

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Licensed institutions

68. (1) Where, immediately before the commencement of this section, a licence to carry out anatomical examinations is standing issued and for the time being in force under the Anatomy Act 1832 to a person in a relevant institution and—

(a) the relevant institution wishes to continue to carry on anatomical examinations after that commencement, and

(b) the person named on the licence on behalf of the relevant institution or nominated for that purpose by the relevant institution and duly approved in that behalf by the Medical Council is and will for the time being remain in that capacity at the relevant institution,

the institution shall, within 12 weeks of such commencement, apply to the Medical Council for a licence to carry out anatomical examinations under this Part and, where that relevant institution makes such application, the institution may continue to carry on with such examinations in accordance with the licence or licences, as the case may be, for the time being in force on the date of such application pending a decision by the Medical Council on that application.

(2) Where an institution wishes to carry out anatomical examinations, the institution (in this section referred to as an “applicant institution”) shall apply to the Medical Council for a licence authorising the institution to carry out anatomical examinations.

(3) An application under this section shall—

(a) be in such form and made in such manner as may be specified by the Medical Council,

(b) specify the name and address of the applicant institution,

(c) specify the name of the proposed responsible person and the address of his or her principal office or place of business,

(d) specify the qualifications of the proposed responsible person,

(e) provide details of the facilities of the applicant institution with respect to the activities, the subject of the application,

(f) specify the premises at which it is proposed to undertake anatomical examinations,

(g) provide such other information, including information regarding the governance of the applicant institution as the Medical Council may specify, and

(h) be accompanied by the fee as determined by the Medical Council under subsection (13).

(4) Upon receipt of an application for a licence under this section, the Medical Council shall—

(a) in the case of an applicant institution in respect of which more than 2 years has elapsed since an inspection was last carried out on the institution,

(b) where the applicant institution is making an application to become a licensed institution for the first time, or

(c) where the Medical Council with good reason considers it appropriate to do so,

cause an inspection to be undertaken of one or more premises which is or are identified in the application as being the premises at which anatomical examinations will be undertaken by the licensed institution if the licence is granted and prepare a written report following such inspection.

(5) Where having considered the application received in accordance with this section, the written report prepared under subsection (4) (where relevant) and the matters specified in subsection (6), the Medical Council may—

(a) issue a licence to an institution,

(b) issue the licence subject to such conditions as the Medical Council may specify, or

(c) refuse to issue the licence.

(6) The Medical Council shall, in determining a licence application under this section have regard to any codes of practice or guidance issued in respect of anatomical examinations by the Council and any guidelines.

(7) The Medical Council shall not issue a licence to an institution to carry out anatomical examinations unless it is satisfied that such anatomical examinations shall be carried out by that institution in accordance with the licence and this Part.

(8) A licence shall—

(a) state the name and address of the institution, the holder of the licence concerned,

(b) specify the premises at which anatomical examinations will be undertaken,

(c) record on the licence the name and business address of the proposed responsible person in respect of the institution concerned,

(d) specify the date from which the licence shall have effect, and

(e) specify the conditions attached to the licence, if any.

(9) Where the Medical Council proposes to refuse to issue a licence under subsection (5)(c), it shall notify the applicant institution in writing of the proposed refusal and the reasons for such proposed refusal, and notify the applicant institution that the institution may make representations in writing to the Council within 21 days of the date of such notice.

(10) An applicant institution which receives a notification under subsection (9) may within 21 days of the notice make representations in writing in respect of the proposal by the Medical Council to refuse the application for a licence.

(11) Where a notification has been given under subsection (9), the Medical Council shall within 21 days of receipt of any representations consider the representations made to it and shall not issue a final decision until—

(a) it has considered the representations, if any, made by the applicant institution in accordance with the notification, or

(b) the period referred to in subsection (10) has elapsed and no representations are made by the applicant institution concerned.

(12) Where the Medical Council, having considered the representations (if any) made to it in that behalf under subsection (10), decides to refuse an application for a licence, it shall notify the applicant institution in writing—

(a) of the decision and the reasons for it, and

(b) that the applicant may appeal the refusal under section 74 .

(13) Without prejudice to the generality of section 36(j) of the Act of 2007, the Medical Council may, with the consent of the Minister, charge such fee as the Council may determine, to accompany an application made under subsection (1) or (2) and different fees may be determined and charged for different classes of application.