Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Medical Council may suspend licence without notice in certain circumstances | ||
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73. (1) Where the Medical Council considers that due to the manner in which anatomical specimens are stored and treated in a licensed institution— | ||
(a) there is a serious and immediate risk to the life, health or welfare of the staff or students at the licensed institution or to the public, or | ||
(b) the licensed institution is failing to treat the anatomical specimens held at its institution with dignity and respect, | ||
the Medical Council may, without giving notice under section 72 , suspend the licence for a period not exceeding 21 days and any such suspension shall have effect for a period not exceeding 21 days as shall be specified in a notice in writing served on the licensed institution concerned and shall cease to have effect— | ||
(i) subject to subparagraphs (ii) and (iii), on the expiry of the date specified in the notice, | ||
(ii) in a case which falls to be determined by the Medical Council under subsection (2) before the date specified in the notice, on the determination of the Medical Council under subsection (2), or | ||
(iii) in a case where the licensed institution concerned, the subject matter of the suspension makes, within the period specified in the notice, an application to the High Court under subsection (3), the determination of the High Court. | ||
(2) Where the Medical Council decides to suspend a licence under subsection (1), the Council shall, as soon as may be, notify in writing the licensed institution— | ||
(a) of the decision and the reasons for it, | ||
(b) the period for which the suspension shall have effect and the date on which it shall come into operation, and | ||
(c) that the institution may on notice make an application in a summary manner to the High Court for consideration and determination by the court of the suspension of the licence concerned. | ||
(3) A licensed institution which is aggrieved by a decision of the Medical Council under subsection (1) may make an application in a summary manner to the High Court for consideration and determination by the court of the decision of the Medical Council. | ||
(4) The High Court may, on the hearing of an application under subsection (3) by a person, consider any evidence adduced or argument made, whether adduced or made to the Council and may— | ||
(a) either— | ||
(i) confirm the decision that is the subject of the application, or | ||
(ii) cancel that decision and replace it with such other decision as the High Court considers appropriate, | ||
and | ||
(b) give the Medical Council such direction as the High Court considers appropriate and direct how the costs of the application are to be borne. | ||
(5) An appeal shall lie from a decision of the High Court in respect of an appeal under this section to the Court of Appeal on a point of law only. |