Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Compliance notices (anatomical examination) | ||
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82. (1) Where the Medical Council is of the opinion that a person has contravened or is contravening— | ||
(a) the provisions of this Part, | ||
(b) any conditions which have been placed on any licence issued to an institution under this Part, or | ||
(c) any codes of practice for the time being in force in respect of anatomical examination, | ||
the Medical Council may serve a compliance notice on the person. | ||
(2) Before serving a compliance notice on a person under subsection (1), the Medical Council shall give the person notice (in this section referred to as “advance notice”) of the proposal to serve the compliance notice and the advance notice shall— | ||
(a) specify the act or omission constituting the contravention referred to in subsection (1) to which the advance notice relates, and | ||
(b) inform the person that he or she may make representations to the Medical Council in accordance with subsection (3). | ||
(3) A person who is served with an advance notice may, within 21 days of the receipt of the notice, make representations to the Medical Council about the proposed compliance notice. | ||
(4) Where an advance notice has been given under subsection (2), the Medical Council shall within 21 days of receipt of representations (if any) consider any 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 advance notice, or | ||
(b) the period referred to in subsection (3) has elapsed and no representations are made by the applicant institution concerned. | ||
(5) The Medical Council shall have regard to any representations made to it under subsection (3) in assessing whether to proceed with the service of the compliance notice. | ||
(6) A compliance notice shall— | ||
(a) specify the act or omission constituting contravention referred to in subsection (1) to which the notice relates, | ||
(b) require the person on whom it is served not to commit or to cease committing, as the case may be, the act or omission concerned, | ||
(c) if appropriate, specify what steps the Medical Council requires to be taken by the person on whom it is served, | ||
(d) require the person on whom it is served, within the period specified in the notice to inform the Medical Council and any other persons so specified of the steps taken in order to comply with the notice, and | ||
(e) require the person on whom it is served to supply, within the period specified in the notice, such additional information as may be specified in the notice. | ||
(7) A compliance notice shall, unless an appeal is brought under section 83 , come into operation on the expiry of 21 days from the date of service of the notice. | ||
(8) Where a person on whom a compliance notice has been served fails to comply with the notice at any time within a period of 21 days from the date on which the notice comes into operation, he or she shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding one year or both. |