Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Placing of conditions upon licence | ||
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90. (1) Without prejudice to the generality of section 89 (4)(b), the Medical Council may vary, remove or place additional conditions on a Part 5 licence granted under section 89 . | ||
(2) Where the Medical Council proposes to vary, remove or impose additional conditions on a Part 5 licence, the Council shall notify the Part 5 licence holder in writing of the proposal and the notice shall specify— | ||
(a) particulars of the condition which the Medical Council proposes to vary, remove or additionally place on the licence, the subject of the notice concerned, | ||
(b) the reasons for the proposed variation, removal or additional imposition of conditions, | ||
(c) subject to paragraph (d), the date on which, being a date not earlier than 21 days from the date of the notice, the variation, removal or additional imposition of the condition concerned shall apply, and | ||
(d) that no decision shall be finalised until— | ||
(i) the Medical Council has considered any representations made to it, or | ||
(ii) in the case of no representations being made, the expiry of 21 days. | ||
(3) A Part 5 licence holder who receives notice of a proposal under subsection (2) may within 21 days of receipt of such notice, make representations in writing to the Medical Council in respect of the proposal. | ||
(4) Where a 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 notice, or | ||
(b) the period referred to in subsection (3) has elapsed and no representations are made by the Part 5 licence holder concerned. | ||
(5) Where the Medical Council, having considered within 21 days of such representations, if any, made to it in that behalf by or on behalf of the Part 5 licence holder, decides to vary, remove or impose additional conditions on the licence under this section, it shall notify the Part 5 licence holder in writing of that fact and the notice shall— | ||
(a) specify the particulars of the conditions varied, removed or additionally placed on the licence pursuant to the decision, | ||
(b) state the reasons for the decision, and | ||
(c) state that the applicant may appeal the refusal under section 93 . |