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

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Suspension and revocation of licences

72. (1) Subject to section 73 , the Medical Council may suspend or revoke a licence for any of the following reasons:

(a) the licensed institution has or is undertaking anatomical examinations—

(i) on donated bodies in contravention of the anatomical consents given in respect of those bodies, or

(ii) otherwise than in accordance with the provisions of section 63 ;

(b) the licensed institution contravened a condition imposed under section 68 or 71 , as the case may be, on the licence issued to it under section 68 ;

(c) that following an inspection by the Medical Council and pursuant to the issuing by it of a compliance notice under section 82 , the practices at the licensed institution as regards storage, access to or use and treatment (including the treatment with dignity and respect) of anatomical specimens are such that anatomical examination cannot in the opinion of the Medical Council be carried out in accordance with this Part by the licensed institution;

(d) the information provided by the licensed institution when applying for a licence under section 68 or making representations under section 71 was false or incomplete in any material aspect;

(e) the licensed institution is not carrying out, or has informed the Council by a notice in writing that it no longer intends to carry out, the anatomical examination to which the licence relates;

(f) the licensed institution does not have the staff, premises, equipment or facilities necessary for carrying out the anatomical examination to which the licence relates.

(2) Subject to section 73 , where the Medical Council proposes to suspend or revoke a licence under subsection (1), it shall—

(a) notify the licensed institution in writing of the proposal and the reasons for the proposal, and

(b) inform the licensed institution, the subject of the proposal, that the institution may make representations to the Medical Council not later than 21 days or such further period as the Medical Council allows from the date of the service of the notification and that any such representations shall be considered by the Medical Council.

(3) A licensed institution which receives a notification under subsection (2) may within 21 days of the notification make representations in writing in respect of the proposal.

(4) Where a notification has been given under subsection (2), the Medical Council shall within 21 days of any representations made to it 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 licensed institution in accordance with the notification, or

(b) the period referred to in subsection (3) has elapsed and no representations are made by the licensed institution concerned.

(5) Where the Medical Council, having, within 21 days, considered any representations made by or on behalf of a licensed institution under subsection (3), decides to suspend or revoke a licence, it shall notify the licensed institution in writing of the decision, stating—

(a) the reasons on which the decision is based,

(b) the date on which the suspension or revocation, as the case may be, shall take effect,

(c) in the case of a licence which is to be suspended, the period for which it is to be suspended, and

(d) that the institution may within 21 days of the decision appeal the decision under section 74 .

(6) Where the Medical Council suspends a licence under subsection (5), the Medical Council may, if where it considers it necessary in all the circumstance to do so, extend the period of suspension and where it proposes to do so, subsection (2) shall with all necessary modifications apply to the proposal to extend the suspension as it applies to the proposal to suspend a licence.

(7) Where the Medical Council decides to suspend or revoke a licence under subsection (5)—

(a) the decision takes effect, where no appeal is made within the period referred to in subsection (5)(d), upon the expiration of that period, and

(b) in the event of an appeal against the decision being made within that period, the decision stands suspended until the appeal is determined or withdrawn.