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

Responsible persons

75. (1) Subject to subsection (7), a licensed institution shall, as soon as may be after the commencement of this section and in any event not later than 12 weeks after such commencement, designate at least one appropriately qualified person as a responsible person for the purposes of this Part.

(2) Without prejudice to the generality of subsection (1), a responsible person shall have the following functions, namely:

(a) to conduct and direct anatomical examinations at the licensed institution;

(b) to make applications to the Medical Council on behalf of the institution for authorisation for the institution to loan, transfer or import anatomical specimens for the purposes of anatomical examination;

(c) to maintain or cause to be maintained the records referred to in section 76 ;

(d) to undertake duties in respect of the annual return by the licensed institution of its annual report to the Medical Council in such form and manner as is specified by the Medical Council;

(e) to liaise with the Medical Council, as required by the licensed institution or the Medical Council.

(3) The responsible person shall be specified on the licence given by the Medical Council under section 68 .

(4) A responsible person may delegate any of the functions specified in subsection (2) to other persons each of whom are suitably qualified by training and experience to perform such functions.

(5) Where a responsible person delegates or proposes to delegate functions under subsection (4), he or she shall ensure that there is in place appropriate training of such persons to enable the delegation of functions and to ensure accountability for the performance of those functions.

(6) Where a licensed institution proposes to designate, on a temporary or permanent basis, a responsible person other than the responsible person specified in the licence issued to the institution under section 68 , the licensed institution shall, as soon as may be, provide to the Medical Council for approval—

(a) the name of the proposed responsible person,

(b) his or her qualifications, and

(c) the date when the designation shall take effect in respect of the person.

(7) A responsible person shall, notwithstanding any delegations made by him or her in accordance with this section, at all times remain accountable to the Medical Council for the performance of the function so delegated.

(8) A responsible person may revoke a delegation made under subsection (4).

(9) In this section, “an appropriately qualified person” means a person who has such relevant experience, training or expertise as is appropriate having regard to—

(a) the responsibilities of a responsible person under this Part, and

(b) any code of practice for this time being in force in respect of anatomical examinations.