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

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Application for Part 5 licence to undertake public display activities

89. (1) A person shall not undertake public display activities unless he or she is in receipt of a licence granted under this Part to undertake public display activities (in this Part referred to as a “ Part 5 licence holder”).

(2) Where a person (in this Part referred to as the “applicant”) proposes to undertake public display activities, he or she may make an application to the Medical Council for a Part 5 licence.

(3) An application for a Part 5 licence shall—

(a) be made in writing to the Medical Council in the form for the time being specified by the Medical Council,

(b) include particulars of the proposed public display activity, including particulars in respect of the premises, duration and content of the public display activity, the subject of the application concerned,

(c) specify details such as to demonstrate that sufficient procedures are in place for the purposes of this Part, including in respect of the disposal, repatriation or return of the body, which details shall include where required, the name and address of persons overseeing the implementation of those procedures,

(d) include copies of the Part 5 consents relating to each of the anatomical specimens proposed to be used for the purposes of the public display activity,

(e) without prejudice to the generality of paragraph (d) in the case of an application for a licence for public display activities (whether such public display activity is on a temporary basis or otherwise) which proposes to use anatomical specimens from a state other than the State—

(i) include documentary evidence of the country of origin of each anatomical specimen,

(ii) furnish a copy of consents or written evidence to the satisfaction of the Medical Council in respect of each of the anatomical specimens,

(iii) include evidence, in respect of each of the anatomical specimens, of compliance with the legal requirements in respect of each of the anatomical specimens of the country of origin of each of the anatomical specimens concerned, and

(iv) provide such additional particulars as may be determined in guidance drawn up by the Medical Council with respect of the importation of anatomical specimens for the purposes of public display activities,

and

(f) be accompanied by the fee as determined by the Medical Council under subsection (11).

(4) Subject to subsection (5), where the Medical Council receives an application under subsection (1), the Council may—

(a) grant the licence,

(b) grant the licence subject to such conditions as it may impose, or

(c) refuse the licence.

(5) Where the Medical Council receives an application under subsection (2) which seeks as part of that application to import anatomical specimens from a state other than the State, the Medical Council shall not issue a licence for that purpose unless it is satisfied that the requirements relating to the donation and use of anatomical specimens in place in that state are of a like standard to the requirements of this Part.

(6) Where the Medical Council grants a licence under this section, the Council shall notify the applicant of the grant of the licence and such notification shall specify—

(a) the name of the person who is licensed to carry out the public display activities, the subject of the licence concerned,

(b) the premises at which the public display activities may be undertaken,

(c) whether the licence holder is permitted under the licence to import an anatomical specimen,

(d) the period of operation of the licence, and

(e) in the case of a licence which is subject to conditions under section 90 , the conditions which apply to the licence concerned.

(7) Where the Medical Council proposes to refuse to grant a licence, the Council shall notify the applicant in writing of the proposed refusal and the notification shall state—

(a) the reasons for the proposed refusal,

(b) that the applicant may make representations in writing within 21 days of the notification, and

(c) that no decision shall be finalised until—

(i) the Medical Council has considered any representations made to it by or on behalf of the applicant, or

(ii) in the case of no representations being made, until the expiry of 21 days.

(8) An applicant who receives notification of a proposed refusal under subsection (7) may within 21 days of receipt of such notification, make representations in writing to the Medical Council in respect of the proposal by the Medical Council to refuse the application for a licence.

(9) Where a notification has been given under subsection (7), 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 notification, or

(b) the period referred to in subsection (8) has elapsed and no representations are made by the applicant institution concerned.

(10) Where the Medical Council, having considered such representations, if any, made to it in that behalf by or on behalf of the applicant, decides to refuse the application for a licence under this section, it shall notify the applicant in writing of that fact and the notice shall state—

(a) the reasons for the refusal of the licence, the subject of the application, and

(b) that the applicant may appeal the refusal under section 93 .

(11) 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) and different fees may be determined and charged for different classes of application.

(12) A person who contravenes subsection (1) shall be guilty of an offence.