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

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Suspension and revocation of Part 5 licences

91. (1) The Medical Council may suspend or revoke a Part 5 licence, where the Council reasonably believes any of the following:

(a) the Part 5 licence holder is undertaking public display activities otherwise than in accordance with this Part;

(b) that notwithstanding the service by the Medical Council of a compliance notice under section 101 , on the Part 5 licence holder for the time being in operation—

(i) the practices of the Part 5 licence holder as regards storage, access to or use, treatment (including the treatment with dignity) and display of anatomical specimens is such that the public display activities, the subject of the licence, cannot or can no longer be carried on safely and in accordance with this Part by the holder of the licence, or

(ii) the premises specified in the Part 5 licence as being the premises at which public display activities are carried on or are to be carried on is not or is no longer suitable (whether by reason of insufficient staff, equipment or facilities or otherwise) for public display activities;

(c) the information furnished to the Medical Council in the application under section 89 for a Part 5 licence was false or incomplete in any material aspect;

(d) the Part 5 licence holder has notified the Medical Council in writing that the holder of the licence is not or no longer intends to carry on public display activities to which the licence relates.

(2) Where the Medical Council proposes to suspend or revoke a Part 5 licence under subsection (1), it shall notify the Part 5 licence holder in writing of the proposal and such notice shall specify—

(a) the reasons for the proposed suspension or revocation, as the case may be,

(b) subject to paragraph (c), the date on which, being a date not earlier than 21 days from the date of the notice, the suspension or revocation, as the case may be, shall apply,

(c) that the Medical Council shall consider any representations made to it in that behalf within 21 days of receipt of those representations, and

(d) that no decision shall be finalised until—

(i) the Medical Council has considered any representations made to it by or on behalf of the Part 5 licence holder, or

(ii) in the case of no representations being made, the expiry of 21 days or such further period as the Medical Council for good reason allows.

(3) A Part 5 licence holder who receives a notification under subsection (2) may within 21 days of the notice make representations in writing in respect of the proposal by the Medical Council to suspend or revoke the licence.

(4) Where a notice has been given under subsection (3), the Medical Council shall within 21 days of the notice 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 person 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 the representations, if any, made to it by or on behalf of a Part 5 licence holder decides to suspend or revoke a licence, it shall notify the Part 5 licence holder concerned in writing of the decision and such notice shall specify—

(a) the reasons for the suspension or revocation, as the case may be of the Part 5 licence, the subject of the decision and the date on which it takes effect, and

(b) that the Part 5 licence holder may appeal the decision under section 93 .

(6) Where the Medical Council suspends a Part 5 licence under subsection (5), the Medical Council may, if it considers it necessary in all the circumstances to do so, extend the period of suspension but where it proposes to do so, subsection (2) shall with all necessary modifications apply to the proposal to extend the suspension as it applies to the proposal to suspend a licence.

(7) An appeal shall lie under section 93 to the High Court from the suspension or revocation of a Part 5 licence order but the bringing of such an appeal shall not affect the operation of the suspension or prohibition order, as the case may be, unless the High Court, on application to it in that behalf within 21 days from the date of the decision of the Medical Council, makes an order staying its operation pending the determination of the appeal.